Bernstein v. United States Department of Justice , 176 F.3d 1132 ( 1999 )

BRIGHT, Circuit Judge,

separately concurring.

I join Judge Fletcher’s opinion. I do so because the speech aspects of encryption source code represent communication between computer programmers. I do, however, recognize the validity of Judge Nelson’s view that encryption source code also has the functional purpose of controlling computers and in that regard does not command protection under the First Amendment. The importance of this case suggests that it may be appropriate for review by the United States Supreme Court.