Criminalizing crypto criticism + 802.11b access

georgemw at speakeasy.net georgemw at speakeasy.net
Fri Jul 27 13:18:38 PDT 2001


> `(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 in a manner
> reasonably calculated to advance the state of knowledge or development
> of encryption technology, versus whether it was whether it was
> disseminated in a manner that facilitates infringement under this
> title or a violation of applicable law other than this section,
> including a violation of privacy or breach of security;
> 
> -Declan
> 
> 
I've been rereading this a bunch of times trying to figure out
what,  if anything,  it's supposed to mean.  I've come up with two
slightly different interpretations:

1) If you release your results at a university-sponsored conference
you're an exempt researcher,  but if you release identical results at
Defcon you're a criminal.

2) Anyone with the financial resources or legal background to get 
this law overturned on Constitutional grounds is not to be
prosecuted in the first place.

I think 2 is actually the more accurate reading.

George





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