Property RIghts in Keys

sbg at acw.com sbg at acw.com
Thu Feb 12 11:40:52 EST 2009


It seems to me that a cryptographic key is property in the same sense that
the formula for Coca Cola is property.  A cryptographic key is
intellectual property. This intellectual property is typically protected
as a trade secret.

Intellectual property need not be brought into being by a creative act.
http://en.wikipedia.org/wiki/Intellectual_property

A key has value that includes the value of the resources expended in its
care and feeding.  Monetary losses including the value of the key and the
value of the assets that the key protects may be suffered if they fall
into unauthorized hands.  Liability accrues unauthorized possession of a
key both to the possessor and to the entity charged with ensuring that
unauthorized possession did not occur.

In summary, it seems to me that the assertion that one owns a key has
commonly understood meaning and thus some nature of property rights do
attach to a cryptographic key.

Cheers, Scott



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