The Ninth Circuit U.S. Court of Appeals threw the status of encrypted technology on the Internet into limbo on Thursday.

The court ordered that a three-judge opinion in Bernstein v. U.S. Department of Justice, 176 F.3d 1132, be reconsidered by the court en banc. In May, the panel held by a 2-1 vote that computer source code is speech protected by the First Amendment, and thus can be posted on the Internet without government approval.

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