Crypto lobby group Coin Center asserts that software code is protected speech under the First Amendment. In a recent report, the organization argued that writing and publishing crypto software code is akin to publishing a book or recipe.
Coin Center’s analysis suggests developers who only publish and maintain software are speakers, not agents requiring pre-registration or licensing. They contend that imposing such requirements on speech activities is unconstitutional.
The report aims to provide a framework for regulators to distinguish between protected software publication and a developer's professional conduct. According to Coin Center, regulatable conduct begins when a developer controls user assets, executes transactions, or makes decisions on behalf of users.
This position challenges recent legal cases where crypto developers faced criminal liability based on how their software was used. Coin Center emphasizes that existing First Amendment principles should apply to new technological contexts without inventing new legal doctrines.