6 ms·

isn't breaking encryption like this illegal under the DMCA? Wouldn't that mean that the FBI was actively breaking the law by using it?

scumbert 7y ago
They have a court order to access the data, similarly, you're not burglarizing a house you have a warrant to enter doesn't mean Apple has to accommodate
ChrisLomont 7y ago
Breaking encryption is not illegal under the DMCA except in the cases listed in the DMCA. Lots of things are illegal without a warrant or without some other legal requirement. The FBI breaking encryption in a legal investigation is not illegal.
- htfu 7y ago
  > Breaking encryption is not illegal under the DMCA except in the cases listed in the DMCA. isn't it the other way around?
  - ChrisLomont 7y ago
    No. DMCA makes most breaking of encryption illegal when used to circumvent copyright. "Most" because it has exemptions even for copyright circumvention. This is a very limited place to make it illegal. I can probably think of hundreds of places you can still do it and it's not illegal. Some examples: in school classes to learn, at home for practice, researchers attacking each others new algorithms, estate clearance to get dead person assets released, for interoperability in may cases, for archiving old things in many cases, and on and on. In fact, almost any place I can think of where I might break encryption (which I have done both as a hobby and professionally and as while a PhD student) is perfectly legal. It becomes illegal when used to do something else illegal, like violating copyright, or stealing things. So no, breaking encryption is not illegal as a whole. Here, break this: Lbh qvqa'g oernx gur ynj.
    - woodrowbarlow 7y ago
      for the curious: caesar (a -> n)
    - htfu 7y ago
      > "Most" because it has exemptions even for copyright circumvention. Right that was what I meant, that the specific "list" I could think of is actually of exemptions. Irrelevant nitpick really, sorry.

scumbert 7y ago

They have a court order to access the data, similarly, you're not burglarizing a house you have a warrant to enter doesn't mean Apple has to accommodate

ChrisLomont 7y ago

Breaking encryption is not illegal under the DMCA except in the cases listed in the DMCA. Lots of things are illegal without a warrant or without some other legal requirement. The FBI breaking encryption in a legal investigation is not illegal.

htfu 7y ago
> Breaking encryption is not illegal under the DMCA except in the cases listed in the DMCA. isn't it the other way around?
- ChrisLomont 7y ago
  No. DMCA makes most breaking of encryption illegal when used to circumvent copyright. "Most" because it has exemptions even for copyright circumvention. This is a very limited place to make it illegal. I can probably think of hundreds of places you can still do it and it's not illegal. Some examples: in school classes to learn, at home for practice, researchers attacking each others new algorithms, estate clearance to get dead person assets released, for interoperability in may cases, for archiving old things in many cases, and on and on. In fact, almost any place I can think of where I might break encryption (which I have done both as a hobby and professionally and as while a PhD student) is perfectly legal. It becomes illegal when used to do something else illegal, like violating copyright, or stealing things. So no, breaking encryption is not illegal as a whole. Here, break this: Lbh qvqa'g oernx gur ynj.
  - woodrowbarlow 7y ago
    for the curious: caesar (a -> n)
  - htfu 7y ago
    > "Most" because it has exemptions even for copyright circumvention. Right that was what I meant, that the specific "list" I could think of is actually of exemptions. Irrelevant nitpick really, sorry.