Encryption SW isnot/is a Protected Free Speech

Danny Kumamoto writes "NYTimes has a good overview of the two encryption SW cases before the appeal courts in the US: link Junger vs. US link where the judge (Gwin) rules that encryption SW is like a device (i.e., can opener) and is not a protectable speech. Bernstein vs. US link on the other hand considers SW to be like a foreign speech and is protectable. One collateral effect: If Judge Gwin's reasoning wins, then any SW will become patentable not protected merely by copyright... "