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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 _______________________________________________ Full-Disclosure - We believe in it. Charter: http://lists.grok.org.uk/full-disclosure-charter.html Hosted and sponsored by Secunia - http://secunia.com/
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