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Message-Id: <3B1A7DDE-A941-447E-AACD-3E634770C6F0@whiuk.com>
Date: Mon, 21 Jan 2013 23:21:25 +0000
From: Philip Whitehouse <philip@...uk.com>
To: "noloader@...il.com" <noloader@...il.com>
Cc: Full-Disclosure <full-disclosure@...ts.grok.org.uk>
Subject: Re: Student expelled from Montreal college after
	finding vulnerability that compromised security of 250,
	000 students personal data

> Open question: does Canada have Security Testing and Evaluation (ST&E)
> and Reverse Engoneering (ER) exemptions in its laws? Even the United
> States' DMCA has them. For reference for others in the US who may be
> subject to bullying (companies have tried it on me):
> 
> DMCA (PUBLIC LAW 105–304). It has exceptions for reverse engineering
> and security testing and evaluation. The RE exemption is in Section
> 1205 (f) REVERSE ENGINEERING. The ST&E exemption is in Section 1205
> (i) SECURITY TESTING.


My understanding was that this allowed you to make copies of a system for security evaluation. The DMCA is about  copyright and copyright prevention mechanisms, not unauthorised network intrusion. Having said that, I'm from the UK, so I may be totally wrong - I certainly think it would be covered under  by Computer Misuse legislation over here

In any case, none of that precludes enforcement of Terms of Service.

You may wish to be able to attempt to access and test any system containing data on you, but in most countries this isn't a legal right.

Philip Whitehouse

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