Laws of mathematics, not of men

[Sandy Sandfort]

Tim May wrote:

> The "law" part is about the above,
> and exhortations by the lawyers
> here (5, by my count) about what
> one mustn't do, how courts will
> react, the need to be scrupulously
> legal in all of one's actions, etc.
>
> "Laws of mathematics, not men."
>
> We risk becoming just a pale--a
> very, very pale!--imitation of
> the Cyberia-L list.

As a probable member of Tim's "Gang of Five" I am on the cusp between two
equally true facts about Cypherpunk "ideology" and the law.

1)  "Cypherpunks write code."  This metaphorical admonition tells us to make
the laws irrelevant by outrunning them with technology.  I couldn't agree
more.  I don't see much benefit in asking the nice lawmakers to do fuck us
so badly, please.  Better to take steps that put us outside of their reach.

2)  "Don't commit the crime if you can't do the time."  You have to know
what the law is likely to do so that you can "write code" in a manner that
is likely to be the most effective from a technological AND legal view.
Otherwise, you cannot do any sort of meaningful risk/benefit analysis.

It is on this second point that I had a very disappointing interaction with
Tim at a physical Cypherpunks meeting some years ago.  Tim was carrying a
concealed knife that did not comply with California's concealed carry laws.
I mentioned this to him, and he immediately interrupted my explanation by
saying, "I don't care what the law is, I'll do what I want."  (This from a
guy who slavishly insures and registers his car.  I guess some laws are more
equal than others.)

Now here's the funny part.  In California, (with some specific exceptions)
carrying a concealed knife is a felony, while carrying a concealed pistol is
a misdemeanor (for the first weapons offense).  So given the relative
severities of the laws, why in the world would you carry a knife instead of
a gun?  (Insert stupid joke here about an engineer bringing a knife to a gun
fight.)

My point is that there is a middle ground between Unicorn and Tim's
positions.  Do the Cypherpunk thing, but be cognizant of the relevant laws.
Remember, lawyers are hackers too, just in a different arena.  If you come
up with two equally great techno-hacks to solve a problem, one of which is
probably legal and one of which is probably not, picking the legal one is a
no-brainer.


 S a n d y