17 votes

Would open source programs that use encryption be illegal under this draft of the "Compliance with Court Orders Act of 2016"

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 ...
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  • 4,549
15 votes
Accepted

Can a person hack bitcoin private keys and legally claim the bitcoins for himself?

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 ...
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  • 7,210
12 votes

Is the right to keep and bear crypto protected by the Second Amendment?

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 ...
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  • 4,195
7 votes

Can a one-time-pad provide legal immunity - (make data inadmissible) -?

If it was for a criminal case, the jury would have to decide if they believed the person who claimed he/she cracked the code. Really, any evidence is interpreted by the jury if it is regarding facts....
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  • 3,870
6 votes
Accepted

Is it legal to create a fake google certificate and distribute it en masse?

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 ...
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  • 429
6 votes

Is the right to keep and bear crypto protected by the Second Amendment?

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 ...
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  • 20k
5 votes

What exactly makes encryption a weapon?

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 ...
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  • 5,465
5 votes
Accepted

Can a one-time-pad provide legal immunity - (make data inadmissible) -?

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 (...
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  • 97.1k
5 votes

Can a one-time-pad provide legal immunity - (make data inadmissible) -?

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 ...
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4 votes

Is the right to keep and bear crypto protected by the Second Amendment?

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 "...
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  • 5,465
4 votes

GDPR (General Data Protection Regulation) - crypto-shredding or regular delete?

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 ...
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  • 184
4 votes
Accepted

Is it legal to make encryption breaking technology public?

There are two processes that go on all the time, and are generally considered legal: Encryption algorithms are attacked by cryptographers and weaknesses identified. In most cases this results in a ...
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  • 12.2k
4 votes

International Cybercrime Based in China. Who's Jurisdiction is it?

China and Canada each have jurisdiction If the RCMP want to, they can investigate the case, lay charges and seek extradition of the perpetrator from China. It will be refused. Therefore, they have ...
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  • 157k
3 votes

What if a DAO (decentralized autonomous organization) breaks the law?

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 ...
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  • 191
3 votes

Exploiting a bug in bitcoin is unethical, but is it illegal?

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. ...
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  • 4,874
3 votes

Would open source programs that use encryption be illegal under this draft of the "Compliance with Court Orders Act of 2016"

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" ...
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  • 26.1k
3 votes

Is crypto legal in a weapon-free zone?

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. ...
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  • 5,465
3 votes

What can someone do when scammed in the crypto world? How to report the scam and recover your crypto?

How can someone report to law enforcement a fraud in crypto space? united-kingdom The City of London Police have the national lead for fraud and, via Action Fraud, they adminster the online reporting ...
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  • 23k
2 votes

What exactly makes encryption a weapon?

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. ...
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2 votes

What exactly makes encryption a weapon?

I'll give the explanation for the thinking here. Since that is what you seem to be asking about. Please, don't take it to mean that I am endorsing this point of view. In the sword/shield analogy, ...
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  • 2,410
2 votes

Could the USA order Apple to unlock a phone under the Defense Production Act?

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 ...
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2 votes
Accepted

Is exporting software with cryptographic functions legal in the United Kingdom?

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 ...
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  • 26.1k
2 votes

Questions about cryptography implementations

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 ...
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  • 1,663
2 votes

Do Bitcoin nodes need consent to store EU citizen's personal data?

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) ...
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  • 2,730
2 votes

Conflict between data protection laws and import export laws regarding cryptography

Import and export restrictions on cryptography generally do not prevent the use of cryptography. They merely regulate it, often requiring a license, and may restrict who may use it or for what ...
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  • 97.1k
1 vote

Can a one-time-pad provide legal immunity - (make data inadmissible) -?

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 ...
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1 vote

Can this scheme be used to avoid forced disclosure?

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 ...
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  • 12.2k
1 vote
Accepted

Using hash functions to bypass Cold War-era crypto export restrictions

To answer my own question: Since it seems there were no restrictions on the security of hash algorithms, and as it is technically possible to create a symmetric cipher using a hash algorithm, would ...
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  • 756

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