EFF/Bernstein Press Release

Perry E. Metzger perry at piermont.com
Thu Apr 18 11:13:25 PDT 1996



s1113645 at tesla.cc.uottawa.ca writes:
> For that matter, is issuing unix and tcp/ip commands an act of speech
> even when cracking into someone else's computer?

Standing in front of a voice activated gun pointed at someone and
shouting "fire" is still an act of murder.

The issue is whether you have intent to kill, or break in, or
whatever, not whether or not you speak. Pulling on my index finger
isn't a crime either, unless there is a trigger in front of the
finger, and the trigger is attached to a gun aimed at someone, and I
know what I'm doing. Normally, however, pulling back on my index
finger is no crime at all.

This is why it can be a crime to conspire to commit murder even though
speech is protected.

.pm






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