full-disclosure - Re: Fwd: HBGary Mirrors?

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Message-ID: <AANLkTinZt1p4ZzrLQJ-8=KitnZW4=ggpABxphEiYVG6L@mail.gmail.com>
Date: Fri, 18 Feb 2011 14:48:32 -0500
From: Jeffrey Walton <noloader@...il.com>
To: "Thor (Hammer of God)" <thor@...merofgod.com>
Cc: "full-disclosure@...ts.grok.org.uk" <full-disclosure@...ts.grok.org.uk>
Subject: Re: Fwd: HBGary Mirrors?

On Fri, Feb 18, 2011 at 2:03 PM, Thor (Hammer of God)
<thor@...merofgod.com> wrote:
> It would ultimately come down to “intent.”  Technically of course, the
> encrypted file is not the original file.  Never will be.  Can’t be.  They
> keys are not either.   Used together they can reproduce the copyright
> data.   So legally, there would certainly be an interesting argument about
> what is and what isn’t legal.   But there would be plenty of cause for an
> injunction which would put the kibosh on distribution until that legal
> decision was made.  It doesn’t have to make sense, and it doesn’t have to be
> strictly “legal” but it is up to a judge.  Recall that 9th circuit judge
> Kermit (I believe) ruled against emails on an ISPs server being in scope for
> wiretap laws since, at the time the ISP was reading them, they were not “in
> transit.”  Go figure.
>
>
>
> If a judge ruled that you were purposely encrypting data and distributing
> keys to get around copyright laws, he could easily rule against you anyway.
You gotta love "legislating from the bench." Its too bad US
politicians do such a poor job that others have to fix their mess.

Jeff

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