Re: [Fwd: FW: California State Bill SB1386]

From: digigal11at_private
Date: Wed Mar 26 2003 - 16:12:34 PST

  • Next message: Steve Zenone: "RE: Dead Thread: California State Bill SB1386"

    >-----Original Message-----
    >From: Jonathan A. Zdziarski [mailto:jonathanat_private]
    >Sent: Monday, March 24, 2003 11:02 AM
    >To: 'Steve Zenone'; incidentsat_private
    >Subject: RE: California State Bill SB1386
    >
    >
    >> the fundamental question of what defines encryption, so far as
    >
    >The question is not what defines encryption but what defines
    >unencryption...plain text that is...if enough information has been
    >transmitted that it could be reasonably converted into plain text,
    > it
    >should be reported...the bill was probably written this specific
    >way to
    >avoid a debate about what encryption is.  It doesn't seem to matter
    >what
    >method you use...the question is whether or not it can be reasonably
    >converted to plain text.  If ROT-13 was used, that's reasonable...
    >if a
    >high-bit key was used, is only reasonable if the key was also stolen
    >or
    >if there is reason to believe enough information got out to launch
    >a
    >reasonable cryptanalysis.
    
    Actually, the question of what constitutes encryption is not a factual
    question at all, as it pertains to Cal Civ Code 1798.82 (the law that
    SB1386 changed). It's a legal question - how should or will the courts
    interpret the word "encryption." First, they will define it, then they
    will apply that definition. In defining it, the courts rely on existing
    case law where the same or similar questions were answered. If you want
    to know how California courts define "encryption," look up cases involving
    not only encryption but also protection of information, privacy, electronic
    communication protections, etc.
    
    The first tests of this law will serve to define it, refine it, and provide
    future governance. That's typically the way it happens.
    
    
    
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