Criminalizing crypto criticism + 802.11b access

[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 DMCA inclues another exemption for reverse engineering, but
let's go back to the research one, which really does seem to limit
publication:

`(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