RE: California State Bill SB1386

From: System Administrator (rootat_private)
Date: Tue Mar 25 2003 - 08:07:08 PST

  • Next message: Dan Hanson: "Dead Thread: California State Bill SB1386"

    Unfortunately, this appears to be an issue that will have to be decided by 
    a court, after a case has been brought.  I cannot find any section of the 
    CA Civil Code that directly addresses a definition of "encryption", nor 
    does SB1386 define it for any purpose (could it be that they didn't really 
    understand the complexity of encryption methods, or that they ignored them 
    and plodded on?).
    
    I'll do some quick research on case law to see if there's any precedent in 
    CA to define "encryption", but my guess is there won't be much, if any, 
    that would work along with SB1386.
    
    Cliff Gilley
    System Administrator, HolyElvis.com
    Attorney, WSBA #30707
    
    Note: Nothing in this email should be considered legal advice or a binding 
    legal opinion.  This is merely a comment based on minimal research of 
    SB1386 and the CA Civil Code.
    
    
    On Sun, 23 Mar 2003, Steve Zenone wrote:
    
    > Hello,
    > 
    > I appreciate the various replies that I've received. However,
    > the fundamental question of what defines encryption, so far as
    > SB1386 is concerned, is still unanswered. I've looked through
    > other California State Bills and supporting documentation, all
    > to no avail.
    > 
    > Several "legal" folks have been asked about this. The answer
    > remains unclear. July 1st isn't too far off (when the State
    > Bill becomes operative).
    > 
    > Thanks,
    > Steve
    > 
    > 
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