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Citadel Dispatch
LEGAL ENVIRONMENT FOR OPEN SOURCE DEVS IN THE US WITH TENNESSEE ATTORNEY GENERAL JONATHAN SKRMETTI, ALEX GLADSTEIN, AND ZACK SHAPIRO
Aug 13, 2024
Jonathan Skrmetti, the Attorney General of Tennessee, shares insights on the legal landscape for open-source developers. Alongside Alex Gladstein from the Human Rights Foundation and legal expert Zack Shapiro, they discuss the complexities of code as protected speech and the need for clearer regulations. The trio explores the challenges faced by creators in the digital space, emphasizing Tennessee's potential to lead in innovation. They also address the balance between regulation and freedom, reflecting on the future of Bitcoin and open-source tools in the U.S.
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Quick takeaways
- Recognizing code as protected speech is crucial to mitigate legal risks for open source developers in financial technologies.
- Proposed measures, like clarifying noncustodial tools' legal status, aim to enhance innovation and reduce regulatory burdens for tech creators.
Deep dives
The Importance of Code as Protected Speech
The discussion centers around the notion that code should be recognized as protected speech, similar to any other form of expression. Open source contributions, particularly within the context of financial technologies like Bitcoin, could unjustly expose developers to legal liabilities typically reserved for companies with custody over funds. The regulatory ambiguity in handling such tools risks stifling innovation and discouraging potential contributors from developing useful technologies. This perspective underscores the need for a clear legal framework that distinguishes between simple coding and active participation in financial transactions.
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