Re: Comment on DMCA, Security, and Vuln Reporting

From: Stephen Samuel (samuelat_private)
Date: Fri Aug 02 2002 - 10:58:25 PDT

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    If something like this HP attack on security research actually flies
    in court, then I think there is a very good chance that it can be killed
    on the basis of the first amendment.
    
    To play with the analogy used in one supreme court decision on the first
    amendment:
    
        This law makes it illegal to stand up and yell "fire" in a crowded theatre--
        but only if there really is a fire.
    
    Richard Forno wrote:
    > Given the recent news about HP using DMCA to shutter a Bugtraq disclosure of
    > Tru64 vulnerability, I felt it appropriate to chime in. I hope you find my
    > comments of-value and worthy of relaying onto the list.
    .....
    > The way we're going, thanks to HP's legal geniuses, we may as well call
    > NIST, NSA, SANS, and IETF to rewrite a new 'industry standard' definition
    > for 'computer security' that places the vendor's profit and public image
    > above the confidentiality, integrity, and availability of end-user data and
    > systems. For all intents and purposes, Congress has already done that with
    > DMCA and Berman's proposed "Hollywood Hacking" Bill -- they just forgot to
    > inform (or seek counsel from) those of us working in the real information
    > security community.
    > 
    > Bleeping idiots. Congress and Corporate America. When it comes to technology
    > policy, neither has the first clue . No wonder we're in the state we're in.
    
    
    -- 
    Stephen Samuel +1(604)876-0426                samuelat_private
    		   http://www.bcgreen.com/~samuel/
    Powerful committed communication, reaching through fear, uncertainty and
    doubt to touch the jewel within each person and bring it to life.
    



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