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19 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 ...
WBT's user avatar
  • 4,878
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 ...
Lag's user avatar
  • 17.4k
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....
Putvi's user avatar
  • 3,998
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 ...
mikeazo's user avatar
  • 439
6 votes

Does online business, only using crypto currency have collect a tax bill before they can release funds back to an individual?

First and foremost: Whenever an entity claims that you have to pay them money in order for them to pay you even more money right away, you have a clear sign of a scam there. A legimate entity would ...
Arno's user avatar
  • 1,534
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 ...
Peter Harmann's user avatar
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 (...
David Siegel's user avatar
5 votes

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

Legally speaking, there is no such thing as "crypto space". Everyone operates within their local legal system. The recent scandal around FTX/Alameda is a good example that shows that the &...
Philipp's user avatar
  • 7,372
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 ...
MikiRaven's user avatar
  • 194
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 ...
Dale M's user avatar
  • 213k
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 ...
Paul Johnson's user avatar
  • 13.6k
3 votes
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Are hash values of a copyrighted or trademarked content still subject to the copyright/trademark of the original content?

united-states Trademarks shouldn't be a problem, so long as they don't induce anyone to think you're affiliated with the trademark (which seems rather unlikely if you're merely embedding a hash of an ...
D M's user avatar
  • 7,213
3 votes

Crypto currencies, gambling, copyrights

If you reasonably suspect that the person will do something illegal with your work, you’re an accessory For an analogous situation, if you suspect (actual standards of knowledge vary) that the person ...
Dale M's user avatar
  • 213k
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" ...
gnasher729's user avatar
  • 34.3k
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. ...
MSalters's user avatar
  • 5,751
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 ...
GeoLog81's user avatar
  • 191
3 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, ...
grovkin's user avatar
  • 2,598
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 ...
Ammar Bandukwala's user avatar
2 votes

Would the government have to prove that the information was unintelligible for them to use the “Compliance with Court Orders Act of 2016”?

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 ...
WBT's user avatar
  • 4,878
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 ...
gnasher729's user avatar
  • 34.3k
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 ...
user's user avatar
  • 1,876
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) ...
wimh's user avatar
  • 2,865
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 ...
David Siegel's user avatar
1 vote

Do your gains from Crypto sold within a year in Germany raise your overall tax rate, or do they get taxed at your pre gains income tax rate?

Crypto sales are a privates Veräußerungsgeschäft (private sale) that is covered by §23 EstG. This is sonstiges Einkommen (other income). So the usual income tax is due on the gains, and not the flat ...
amon's user avatar
  • 24k
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 ...
leaustinwile's user avatar
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 ...
Paul Johnson's user avatar
  • 13.6k
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 ...
forest's user avatar
  • 988
1 vote

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

The GDPR only requires data to be put "beyond use". You don't need to erase your backups every time someone wants their data deleted.
Paul Johnson's user avatar
  • 13.6k
1 vote

Android app cryptography does it fall under US Export laws?

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 ...
DepressedDaniel's user avatar

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