17

Section 4, Definition 4 Covered Entity, emphasis added: The term "covered entity" means a device manufacturer, a software manufacturer, an electronic communication service, a remote computing service, a provider of wire or electronic communication service, a provider of a remote computing service, or any person who provides a product or method to ...


16

In the UK it is an offence to cause a computer to gain unauthorised access to any program or data held in any computer (s1 Computer Misuse Act 1990). It seems likely that other European jurisdictions have similar laws. Certainly Germany does: Penal Code 202a data espionage (German text - English translation). (I mention Germany because the linked thread ...


10

Not all weapons are protected by the Second Amendment. There is a "dangerous and unusual weapons" exclusionary clause established by the Supreme Court in District of Columbia v. Heller, which excludes pretty much anything that's incredibly dangerous (obviously we wouldn't want our people to have the right to keep bombs in their house) or not considered a ...


6

Encryption is not a weapon. Encryption, or rather cryptographic technology and systems, is a munition. What makes it a munition is the International Traffic in Arms Regulations (ITAR) managed by the U.S. Department of State. Weapons are a subset of munitions. Many U.S. laws grant authority to the executive branch to promulgate regulations for enforcement ...


6

When understanding jurisprudence and laws that implicate the second amendment I generally find it helpful to reference the old United States v. Miller case. Essentially, the Supreme Court decided to read the second amendment as prohibiting infringements on keeping or bearing arms with some reasonable relation to the preservation or efficiency of a militia. ...


5

Well, in this case, it is interesting to note one fact about the one-time pad. The key and the ciphertext are interchangable and indistinguishable. So rather then thinking about it as encryption, it is better to think of it as spliting in two. If the prosecution finds both pieces and can tie them to you, then they have a good evidence against you. Both parts ...


5

As the question mentions, and as the answer by leaustinwile explains in some detail, it is impossible to prove by cryptanalysis that a given decoding of a communication encrypted via a one-time-pad (OTP or pad) is correct. That does not mean that there is no way to prove such a decryption accurate to the satisfaction of a court of law. If the storage or ...


4

As discussed in the answer to another question, Is crypto legal in a weapon-free zone?, just because something is listed as a munition doesn't make it a weapon. The definition of munition includes "weapons and ammunition" but not exclusively so. The International Traffic in Arms Regulations (ITAR) defines what can and cannot be exported without a special ...


4

This is more than a comment (too long), but not a definitive answer (since I am unfamiliar with the laws regarding this kind of thing). Please forgive me. First, there are some technical misunderstandings. They are not disabling SSL/TLS. Instead, they are inserting themselves in between these connections so they can make sure you aren't accessing material ...


3

In my opinion, this should be enough. The GDPR regulation is general - it does not attempt to address these issues directly, precisely for the reasons we see here: You can never predict how the technology will develop. When interpreting the GDPR, we must keep the intended goal in mind. What is the purpose of the "right to erasure"? To prevent anyone from ...


3

Any answer is somewhat speculative, because there are no significant legal precedents. That said, you are probably not in breach of counterfeiting laws, as they typically protect physical currencies. However, due to the way that laws are written, their scope may be somewhat fuzzy in areas that were not foreseen, so you may find that a law unintentionally ...


3

I sense the classification of cryptography as a munition is a relic from the past. Cryptography has historically been the domain of the military Look at this NY Times article from 1996, for example. There it describes "boxes used to surf the World Wide Web" as weapons. Cryptography has historically been a major deal in warfare. Sending messages to ...


3

The definition of munitions includes weapons but is not restricted solely to weapons. From dictionary.com: noun Usually, munitions. materials used in war, especially weapons and ammunition. material or equipment for carrying on any undertaking. verb (used with object) to provide with munitions. Just because cryptographic technology is ...


3

There is good hope that this draft will never be turned into a law, if you read headlines like on theregister: "Read America's insane draft crypto- Understandable – it's more stupid than expected" Creating the encryption is perfectly legal. You might be asked to help recover encrypted data. There is no mention of cost; I doubt that you could be asked to ...


2

Regardless of what the USA wants, Apple can't just unlock encrypted IPhones. Encrypted IPhones are only decryptable by whomever has the password (or can guess the password.) Apple would have to preemptively change their crypto in order to facilitate such order.


2

The private organizations, in difference to international organizations (the organizations, members thereof are the countries) or the countries are not subjects of international law. They are also not a subject of criminal laws, so they technically can't break the law. The people can. If the actions of such organizations will break some laws, the people ...


2

For the actual legal situation you would need a lawyer, but I can tell you from personal experience that Apple's AppStore requires you to provide an "ITS Encryption Export Compliance Code" if you use encryption not provided by the operating system, and without that, your application will not be published. I assume they wouldn't do this if there was no legal ...


2

No, consent is not required. There are six lawful bases for processing personal data, see Art. 6. A bitcoin node can base it processing on "performance of a contract" (adding data to the blockchain) or "legitimate interests" (processing existing data). Bitcoin nodes can be considered joint controllers (Art. 26) because they vote and choose a fork to follow. ...


1

That's an interesting question. Because of the way OTPs work, you can supply an carefully selected arbitrary key to get any output you desire. See below for explanation. XOR is a commutative algorithm. Meaning that: Now if you supply a K(2) to the same CT you will now get something like: Meaning that because the selected key directly influences the ...


1

Most jurisdictions have laws that prohibit the destruction of evidence. The deletion of the key in Step (4) will violate these. If you leave the key with the third party then it can be obtained. You also face the risk that your trusted third party will leak it.


1

It is legal in the UK. In theory the government could demand that you insert a backdoor, but it isn't clear how it would work if you didn't have the technical ability to do it and what the liability would be when it was inevitably abused.


1

Does using AES library in the link above fall under the requirements of US Export laws or because it uses the integrated android libraries and not uses own cryptography library is fine? If it doesn't have a cryptography engine inside it, you're fine. Even if you wanted to include a cryptography engine, the requirements for exporting cryptography from the U....


1

The government would have to argue that there is intelligible data available, which was made unintelligible by the party's feature/product/service. This argument would have to meet the standard of proof required for the court order, which is usually much lower than "beyond a reasonable doubt."


1

No. In the context of the cited language, the word "order" is not being used in the context of a military style command, instead it is being used in the context of a purchase order for goods or services (or a contract) that has already been voluntarily entered into by the parties. The overall context is a statute about military procurement of goods and ...


1

The president would have the minor problem to say with a straight face that such an order would be "necessary or appropriate to promote the national defence". For example, the ex-NSA chief Michael Hayden has said that overall secure end-to-end encryption is a huge benefit to national security. PS. Due to recent events: Apple's main argument to refuse ...


1

A blockchain to transfer title in a security is permissible, at least in the US (assuming that the company is incorporated in DE and the company has adopted bylaws that permit uncertificated securities) -- although there are some nuanced points that need to be thought through. See the paper from, Jeanne Schroeder It also should be permissible, at least in ...


1

It seems that the encryption functionality consists of giving the user a choice of different algorithms, letting the user pick one, and using that algorithm to encrypt the data. It seems that functionality cannot easily be changed, or can it?


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