Criminalizing crypto criticism

mmotyka at lsil.com mmotyka at lsil.com
Wed Aug 1 12:14:48 PDT 2001


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't self-taught a legitimate course of study? Abraham Lincoln was
largely self-taught. If a teenager, who has clearly not had the
opportunity to amass much in the way of official credentials, can break
CSS hasn't he "engaged in a legitimate course of study" and isn't he
"appropriately experienced in the field of encryption technology?"

The modifiers are meaningless as is 3B.

Why do we even discuss the damn thing. It's just another rathole to dive
into. It's wrong. We know it's wrong. Short of nuclear blackmail
Congress will not change it and the courts will not overturn it. I'll
let the lawyers and those with deep pockets fight that battle. About the
only good I might be able to do is to contribute to enhancing the means
for people to exchange and distribute proscribed information with
impunity.





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