Status of Cryptography Research in implementation of the EUCD

[Owen Lewis]

> -----Original Message-----
> From: ukcrypto-admin@chiark.greenend.org.uk
> [mailto:ukcrypto-admin@chiark.greenend.org.uk]On Behalf Of Julian T J
> Midgley
> Sent: 15 August 2002 13:14
> To: ukcrypto@chiark.greenend.org.uk
> Subject: RE: Status of Cryptography Research in implementation of the
> EUCD

> You haven't demonstrated to me any need to be able to prosecute someone
> for the mere act of circumvention.  Circumvention, in the absence of
> infringenent of copyright (and ignoring, for the moment, any licence
> agreement arguments) is a harmless act.  Why therefore is it necessary to
> introduce a law making it actionable?

Once more. The act of circumvention is a pre-cursor to wrong doing. If such
an act occurs and not wrongdoing follows it will be ignored, if only because
none with complain or even know.

If the act of circumvention is openly published and detail given of the
method, that can be likened to 'going equipped', advertising the fact by
flashing the tools to an admiring audience down the pub and, to boot,
offering advice to all comers on how to make the tools and use them.

I can open half the front door locks in this country in about 10 secs and
never leave a mark on them (or could before arthritis twisted my hands). I
do not do this nor do I keep the simple implements and I would *never*
demonstrate to people other than those I know and trust. Whatever the state
of the law, I would never wish to publish a 'show and tell' (though others
have). However I could always claim that my motive was not money but to show
up the lock manufacturers for what they are, to give a wake-up call to
house-holders to fit bolts and - oh yes - to preserve the profit of the
insurance companies :-)

The principle that those who possess knowledge with obvious criminal
potential are not be placed above the law is well established. Those expert
in such matters need to be at pains that no suspicion of their motives or
adverse interpretation of their actions can arise. If it does, then such
persons are immediately at some disadvantage. Those who do not wish to
shoulder this additional responsibility and can carry it lightly need not
acquire such expertise. No one will force it on you and it is no part of the
national curriculum.

If you weasel a 'special case' exemption for a class of experts to put them
above the law, someone else can do so for another group. No. We all must
stand before the law and answer for the consequences of what we do. Those
who prosecute the law are well aware that experts in areas of criminal
interest must often skirt the law. It is a matter of fine and personal
judgement how close such a skirting should be.

Owen