Effective and ineffective technological measures

[Jim Choate]

On Mon, 30 Jul 2001, Paul Onions wrote:

> Indeed, my reading of the following extract defining 'encryption research'
> in the DMCA seems to indicate that it is easier to prosecute someone for
> exposing a vulnarability in a weak system than for a stronger system.
> 
>   `(1) DEFINITIONS- For purposes of this subsection--
> 
>   `(A) the term `encryption research' means activities necessary to
>   identify and analyze flaws and vulnerabilities of encryption
>   technologies applied to copyrighted works, if these activities are
>   conducted to advance the state of knowledge in the field of encryption
>   technology or to assist in the development of encryption products; and
> 
>   `(B) the term `encryption technology' means the scrambling and
>   descrambling of information using mathematical formulas or algorithms.
> 
> The reasoning being that exposing a vulnerability in a weak system will not
> 'advance the state of knowledge in the field of encryption technology'.

It seems to me there is another loop-hole...

"...encryption technologies applied to copyrighted works." If one can
discuss the subject such that the applications never come up, in other
words you're not drawing somebody a roadmap to crack.


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