Re: Criminalizing crypto criticism

2001-08-01 Thread Tim May
At 12:14 PM -0700 8/1/01, [EMAIL PROTECTED] wrote: >I keep seeing words like "bona fide" and "legitimate" used as modifiers >for "cryptographic researcher." The DMCA states : > >(3)(B) whether the person is engaged in a legitimate course of study, is >employed, or is appropriately trained or exper

Re: Criminalizing crypto criticism

2001-08-01 Thread mmotyka
I keep seeing words like "bona fide" and "legitimate" used as modifiers for "cryptographic researcher." The DMCA states : (3)(B) whether the person is engaged in a legitimate course of study, is employed, or is appropriately trained or experienced, in the field of encryption technology; and Isn'

Re: Criminalizing crypto criticism

2001-08-01 Thread Alan Olsen
On Wed, 1 Aug 2001, Rick Smith at Secure Computing wrote: > I had suggested that a large number of crypto researchers take the > proactive (or rather, prophylactic) step of informing *all* vendors of copy > protection that the researchers are interested in studying the encryption > used in the

Re: Criminalizing crypto criticism

2001-08-01 Thread Rick Smith at Secure Computing
I had suggested that a large number of crypto researchers take the proactive (or rather, prophylactic) step of informing *all* vendors of copy protection that the researchers are interested in studying the encryption used in their products. The notion of this would be that such an act by a lar

Re: Criminalizing crypto criticism

2001-08-01 Thread Ben Laurie
Alan wrote: > > On Friday 27 July 2001 11:13, Steven M. Bellovin wrote: > > In message <[EMAIL PROTECTED]>, Declan McCullagh writes: > > >One of those -- and you can thank groups like ACM for this, if my > > >legislative memory is correct -- explicitly permits encryption > > >research. You can ar

Re: Criminalizing crypto criticism

2001-08-01 Thread Bill Stewart
At 12:00 AM 07/31/2001 -0700, Alan wrote: >I guess we *do* have the best government money can buy. We just were not the >ones writing the checks... Naahhh... You ought to be able to buy a much better government than that. :-) That actually is part of the problem - governments writing laws abo

Re: Criminalizing crypto criticism

2001-07-31 Thread Alan Olsen
On Tue, 31 Jul 2001, Rick Smith at Secure Computing wrote: > There are probably enough "cryptography researchers" out there that even a > large vendor won't feel tempted to harass them all proactively. All they have to do is make a messy example out of one or two. (It also helps if you can get

Re: Criminalizing crypto criticism

2001-07-31 Thread Alan
On Friday 27 July 2001 11:13, Steven M. Bellovin wrote: > In message <[EMAIL PROTECTED]>, Declan McCullagh writes: > >One of those -- and you can thank groups like ACM for this, if my > >legislative memory is correct -- explicitly permits encryption > >research. You can argue fairly persuasively t

Re: Criminalizing crypto criticism

2001-07-30 Thread mmotyka
I'm really not completely clued-in to all of the publishing options but my gut instinct says that the more rapid and widespread the dispersal the better. The originator of proscribed information needs to be anonymous but it seems that if the recipients are many and diverse then the level of guilt

Re: Criminalizing crypto criticism + 802.11b access

2001-07-30 Thread Ray Dillinger
On Sat, 28 Jul 2001, David Honig wrote: >>Not a problem -- as long as what you're making available to the >>public at DefCon is not a program that script kiddies can download >>and use to break stuff. > >What's a 'program' in the above sentence? Is source a program? Source >without the main(

Re: Criminalizing crypto criticism

2001-07-30 Thread Eugene Leitl
On Fri, 27 Jul 2001 [EMAIL PROTECTED] wrote: > Unless I'm mistaken a node keeps a reference ( even if only temorarily > ) to the originating node when data is added. So if I publish > sooper-infringer.tar.gz and the neighboring node that gets it is a > narc I'm screwed. Identify your dissidents a

Re: Criminalizing crypto criticism

2001-07-30 Thread Eugene Leitl
On Fri, 27 Jul 2001 [EMAIL PROTECTED] wrote: > Unless I'm mistaken a node keeps a reference ( even if only temorarily > ) to the originating node when data is added. So if I publish > sooper-infringer.tar.gz and the neighboring node that gets it is a > narc I'm screwed. Identify your dissidents a

Re: Criminalizing crypto criticism

2001-07-28 Thread Morlock Elloi
>get good leverage that will ultimately help the most people. But some >people -- I predict many people -- are going to twist in the wind or >in prison for years, before the courts or Congress are pushed into >fixing the havoc caused by rabid copyright maximalists. So what if it It was never an

Re: Criminalizing crypto criticism

2001-07-28 Thread John Gilmore
> Much of the hysteria regarding the DMCA's supposed ability to quash free > speech by cryptographic researchers is being whipped up by opponents > to the DMCA who are misrepresenting the DMCA in a calculated fashion in > order to promote opposition. The anonymous poster's legal analysis was not

Re: Criminalizing crypto criticism + 802.11b access

2001-07-28 Thread David Honig
At 07:08 AM 7/28/01 -0700, Ray Dillinger wrote: > >On Fri, 27 Jul 2001, David Honig wrote: > >>>You can create an executable, with source code, package it up and >>>send it to the copyright owner with a note that says "your protection >>>is broken: here's the proof." >> >>How about dropping them

Re: Criminalizing crypto criticism + 802.11b access

2001-07-28 Thread Ray Dillinger
On Fri, 27 Jul 2001, David Honig wrote: >>You can create an executable, with source code, package it up and >>send it to the copyright owner with a note that says "your protection >>is broken: here's the proof." > >How about dropping them a note to send an engineer to DefCon? Not a problem --

Re: CDR: Re: Criminalizing crypto criticism

2001-07-27 Thread Matt Beland
-BEGIN PGP SIGNED MESSAGE- Hash: SHA1 On Friday 27 July 2001 20:27, [EMAIL PROTECTED] wrote: > ObPuzzle: You are in a room with three monkeys. One has a > banana, one has a stick, one has nothing. Which primate is the > smartest? ANSWER: The monkey without anything. EXPLANATION: The mo

Re: Criminalizing crypto criticism

2001-07-27 Thread georgemw
On 27 Jul 2001, at 17:04, [EMAIL PROTECTED] wrote: > George wrote : > As for Mr. Felton's run-in with this abomination, did he sign any sort > of contract with the music guys to get the materials he needed to do his > work? That might change how we view his situation relative to DMCA. > > Mike

Re: Criminalizing crypto criticism + 802.11b access

2001-07-27 Thread David Honig
At 02:16 PM 7/27/01 -0700, Ray Dillinger wrote: > >You can present your paper at defcon, as long as there's not an >executable. > No executable, but source. Source code is how some people communicate. Building an executable is another (intentional) behavior. Using that executable is another

Re: Criminalizing crypto criticism

2001-07-27 Thread mmotyka
George wrote : >> `(3) FACTORS IN DETERMINING EXEMPTION- In determining whether a person >> qualifies for the exemption under paragraph (2), the factors to be >> considered shall include-- >> `(A) whether the information derived from the encryption research was >> disseminated, and if so, whether

Re: Criminalizing crypto criticism + 802.11b access

2001-07-27 Thread mmotyka
> I think a lot of the flaws with the DMCA could be fixed by allowing > an exemption for a "notice period" -- one year after you notify them > that their crypto is broken, they've had enough time to fix it -- > and if they haven't fixed it, they deserve what they get. > >

Re: Criminalizing crypto criticism

2001-07-27 Thread Eric Murray
On Fri, Jul 27, 2001 at 06:36:53PM -0400, Arnold G. Reinhold wrote: [..] > > If you read the language carefully, you will see that 1201g only > permits *circumvention* as part of cryptographic research (and then > only under limited circumstances). There is nothing in the law that > allows pu

Re: Criminalizing crypto criticism

2001-07-27 Thread David Jablon
... not especially crypto related, but ... There is a serious problem with a law that broadly encroaches on freedom of speech, patched-up with vague and complex exceptions that only a lawyer can decipher. Worse still, interpretation here seems to require as-yet-undetermined case law. A patchwor

Re: Criminalizing crypto criticism + 802.11b access

2001-07-27 Thread Ray Dillinger
>> `(3) FACTORS IN DETERMINING EXEMPTION- In determining whether a person >> qualifies for the exemption under paragraph (2), the factors to be >> considered shall include-- >> `(A) whether the information derived from the encryption research was >> disseminated, and if so, whether it was dissemin

Re: Criminalizing crypto criticism

2001-07-27 Thread mmotyka
freenet. Unless I'm mistaken a node keeps a reference ( even if only temorarily ) to the originating node when data is added. So if I publish sooper-infringer.tar.gz and the neighboring node that gets it is a narc I'm screwed. Identify your dissidents and put in informants as neighbors. Admittedl

Re: Criminalizing crypto criticism

2001-07-27 Thread David Honig
At 01:56 AM 7/27/01 -0400, Declan McCullagh wrote: > >The DMCA may be bad, but it's not *that* bad. It contains a broad >prohibition against circumvention ("No person shall circumvent a >technological measure that effectively controls access") and then has >a bunch of exceptions. I'm getting sick

Re: Criminalizing crypto criticism + 802.11b access

2001-07-27 Thread Declan McCullagh
Yikes, editors pay me a few dollars a word to research and write this kinda stuff. Why don't you ask for tips and compile them, if you're interested? -Declan At 10:15 AM 7/27/01 -0700, [EMAIL PROTECTED] wrote: >Declan, > >What are today's options for anonymous publication? A good summary might

Re: Criminalizing crypto criticism + 802.11b access

2001-07-27 Thread georgemw
> `(3) FACTORS IN DETERMINING EXEMPTION- In determining whether a person > qualifies for the exemption under paragraph (2), the factors to be > considered shall include-- > `(A) whether the information derived from the encryption research was > disseminated, and if so, whether it was disseminated

Re: Criminalizing crypto criticism + 802.11b access

2001-07-27 Thread Declan McCullagh
If you say "Declan, what is the answer to this question?" it is reasonable to conclude you're asking me. I'm happy to participate in debate, but if you want me to perform research, evaluate performance, and compile results, that's closer to real work. TANSTAAFL. -Declan At 10:31 AM 7/27/01 -

Re: Criminalizing crypto criticism + 802.11b access

2001-07-27 Thread mmotyka
Un-yikes yourself. Since the mail goes to a list I wasn't necessarily asking you to do the job - I'm interested enough that if tips filter in I'll check them out and package them nicely in an FAQ. That is assuming one does not already exist. Mike Declan McCullagh wrote: > > Yikes, editors pay m

Re: Criminalizing crypto criticism + 802.11b access

2001-07-27 Thread Declan McCullagh
Like I said, I'm not defending the DMCA. I was merely correcting the fellow who didn't know the exemption (of sorts) existed. -Declan On Fri, Jul 27, 2001 at 09:18:38AM -0700, [EMAIL PROTECTED] wrote: > Declan, > > It's pretty bad. > > The exemption (2) only applies if the intent is to advanc

Re: Criminalizing crypto criticism + 802.11b access

2001-07-27 Thread Tim May
At 12:30 PM -0400 7/27/01, Declan McCullagh wrote: >Like I said, I'm not defending the DMCA. I was merely correcting >the fellow who didn't know the exemption (of sorts) existed. > Not being an expert on the DCMA, I'm still trying to square the notion of an "exemption for research" (my words, su

Re: Criminalizing crypto criticism + 802.11b access

2001-07-27 Thread Declan McCullagh
On Fri, Jul 27, 2001 at 10:25:42AM -0700, Tim May wrote: > The courts will no doubt have their say, but right now the DCMA sure > looks to be a ban on publication of research. Yeah. Felten could have gone forward and almost certainly not been sued, but his co-authors were far more skittish. The

Re: Criminalizing crypto criticism + 802.11b access

2001-07-27 Thread mmotyka
Declan, It's pretty bad. The exemption (2) only applies if the intent is to advance the state of the art in general or in the development of products. The means to negate the exemption look like they're deeply embedded in the code. (2)(A) is certainly easy to meet - woohoo. (2)(B) is not too ba

OPT: Criminalizing crypto criticism (fwd)

2001-07-27 Thread Jim Choate
-- Forwarded message -- Date: Thu, 26 Jul 2001 22:53:02 -0400 From: David Jablon <[EMAIL PROTECTED]> To: Matt Blaze <[EMAIL PROTECTED]> Cc: [EMAIL PROTECTED] Subject: Criminalizing crypto criticism At 07:13 PM 7/25/01 -0400, Matt Blaze wrote: >(Fortunately, as fa