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Chinese government mandated pre-installed spyware on all phones made in China is certainly a huge problem.

But on the other hand, isn't it a violation of First Amendment protections if the US government can dictate certain apps aren't allowed to be distributed in the US?

Since software's subject to copyright, doesn't it logically follow that banning software is legally similar to banning a book?




Imported goods and services aren’t protected by 1A.

Software is protected by 1A, so there’s nothing the government could do to prevent China from publishing software or source code, and allowing people in the US to download it. But it can certainly prevent a Chinese entity from providing services to US customers.




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