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> even bypassing ROT13 "encryption" is criminal under the DMCA. Is it? I thought the encryption has to be "effective", which would not be the case for ROT13. I

by quonn 11y ago

> even bypassing ROT13 "encryption" is criminal under the DMCA. Is it? I thought the encryption has to be "effective", which would not be the case for ROT13. I would even argue that ROT13 is merely an encoding.

plorkyeran 11y ago
"effective" as in "in effect", i.e. it exists and is used, not in that it's actually secure. The law would be rather pointless otherwise, as it would only make it illegal to bypass encryption which cannot be bypassed.
- fineman 11y ago
  Right, it's like a password or a door lock. The strength of them isn't the issue, it's more that they communicate the owner's intent. Effective would probably have more to do with covering all the routes of ingress rather than doing so strongly.
fweespeech 11y ago
http://www.stoel.com/the-anti-circumvention-rules-of-the-digital-millennium http://www.stoel.com/the-anti-circumvention-rules-of-the-dig... No, the exemption is this: Encryption Research. The DMCA exempts encryption research from its circumvention and trafficking bans. Circumvention of access controls by one who has lawfully obtained the encrypted copy is permitted if the circumvention is done in the course of "an act of good faith encryption research." The researcher must first have made a good faith effort to obtain authorization before the circumvention, and the circumvention itself must not constitute infringement. The researcher may also develop and employ tools to circumvent the access controls for the sole purpose of carrying out the research, and may share those tools with collaborative researchers. The DMCA lists several factors to be used in determining whether the exemption for good faith research should apply in a particular situation, including whether and how the research results were disseminated, whether the researcher is engaged in a course of study or is trained or experienced, and whether the researcher provides the copyright owner with the results of the research.
- joesmo 11y ago
  And even with this exemption, researchers have to tread very lightly to avoid prosecution.

by quonn 11y ago

plorkyeran 11y ago

"effective" as in "in effect", i.e. it exists and is used, not in that it's actually secure. The law would be rather pointless otherwise, as it would only make it illegal to bypass encryption which cannot be bypassed.

fineman 11y ago
Right, it's like a password or a door lock. The strength of them isn't the issue, it's more that they communicate the owner's intent. Effective would probably have more to do with covering all the routes of ingress rather than doing so strongly.

fweespeech 11y ago

http://www.stoel.com/the-anti-circumvention-rules-of-the-digital-millennium http://www.stoel.com/the-anti-circumvention-rules-of-the-dig... No, the exemption is this: Encryption Research. The DMCA exempts encryption research from its circumvention and trafficking bans. Circumvention of access controls by one who has lawfully obtained the encrypted copy is permitted if the circumvention is done in the course of "an act of good faith encryption research." The researcher must first have made a good faith effort to obtain authorization before the circumvention, and the circumvention itself must not constitute infringement. The researcher may also develop and employ tools to circumvent the access controls for the sole purpose of carrying out the research, and may share those tools with collaborative researchers. The DMCA lists several factors to be used in determining whether the exemption for good faith research should apply in a particular situation, including whether and how the research results were disseminated, whether the researcher is engaged in a course of study or is trained or experienced, and whether the researcher provides the copyright owner with the results of the research.

joesmo 11y ago
And even with this exemption, researchers have to tread very lightly to avoid prosecution.