Between Firearm Regulation and Information Censorship: Analyzing First Amendment Concerns Facing the World's First 3-D Printed Plastic Gun

I. INTRODUCTIONEarly this May, law student Cody Wilson fired by hand the world's first fully printed three-dimensional (3-d) plastic gun.1 This novel weapon, deemed "The Liberator," represents the dawn of a new industrial revolution - a technology enabling the average consumer to instantaneously create new or existing products in real time from the comfort of one's own home.2 3-d printing carries the potential for improvements and innovation, such as the ability to cut waste and increase the number of products available to consumers; however, criminals will also undoubtedly begin to discover their own capabilities.3 While 3-d printers are not yet fixtures in the typical household, they will become increasingly available and affordable to the general public as the technology improves.4As 3-d printers become more obtainable, the printable and undetectable gun will likely become the "realm of the criminal."5 Further, the 3-d printed gun will render today's gun laws ineffective as it will become nearly impossible to keep these weapons out of a criminal's reach, an inevitable consequence of posting 3-d gun blueprints on the Internet for anyone to download.6 These types of concerns prompted the State Department to send Mr. Wilson a letter demanding that he remove computer files containing the plastic gun's blueprint from the Internet.7 The State Department's letter sparked First Amendment concerns over whether the government can prevent citizens from publishing these types of computer files, focusing on reaching the proper balance between national security and citizens' First Amendment rights.8This Comment argues that the regulation of 3-d gun blueprints on the Internet serves a government interest in harm regulation that justifies limitations on First Amendment freedoms.9 Part II discusses 3-d printing and the absence of specific laws designed to focus on the implications of modern technology, such as 3-d printing.10 Part II also summarizes the basic principles and tenets of the First Amendment and the case law that shapes a First Amendment analysis of 3-d gun regulations.11 Part III argues that, under a First Amendment analysis, computer files containing the 3-d gun blueprint should be classified as both expressive and functional.12 Part III also argues that controlling the dissemination of 3-d gun blueprint files on the Internet serves an important government interest and, therefore, limitations on First Amendment freedoms are reasonable and justified.13 Part IV moves beyond the First Amendment and argues that there is a pressing public policy need to reach a consensus on the best way to regulate 3-d gun blueprints before this new technology outpaces the law.14 Finally, Part V concludes by reiterating that limiting the publication of 3-d gun blueprints on the Internet is justified under the First Amendment, regardless of whether regulation is called for because of export control violations or for other reasons, because the restriction serves an important government interest.15II.BACKGROUNDA. What is 3-d Printing?3-d printers produce three-dimensional objects from a digital file through a technique called additive manufacturing.16 Computer Aided Design (CAD) software creates digital 3-d models, outlining the dimensions and details of a desired object.17 The software breaks up the model into thin, 0.1 mm tall horizontal cross-sections, directing the printer to lay down molecules layer by layer.18 Through this process of additive manufacturing, materials are joined together to make objects that, when complete, resemble the digital model.19Compared to more conventional manufacturing processes, 3-d printers and the software they utilize are more accessible and easier to use.20 In fact, 3-d printers have already successfully printed a multitude of products using a variety of plastics and metals.21 Now, a functional gun stands amongst these products.22B. 3-d Printing, 3-d Guns, and the Current Legal FrameworkAlthough 3-d printing already has created an impressive array of products, unexpected dangers resulting from this far-reaching technology will also undoubtedly present challenges. …