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Legal Crypto Bullshit and Lawyers reluctance
Actually I am a lawyer...hehe...
With the recent talk and action regarding the hooks for crypto in certain
very valuable (or at least of increasing value) programs available on the
net and elsewhere I find myself getting increasingly angry about the
discourse and especially the arrogance of the parties involved.
As a lawyer, I often send demand letters first in cases where the chances
of winning a case in court are small and the ability for my client to
withstand extended billing is low. In short, I send these letters as a
weak effort backed up by little intent on pursuing the case (NOTE: I did
not say no intent, I often do pursue cases with little or no money in
them, and that explains why my school loans are not paid off 8-).
What I am saying is that these demand letters that are being sent,
especially regarding tenuous positions such as programs with crypto hooks
are ITAR restricted, are causing more damage then they need to. I am not
suggesting that Wei distribute his libraries and bare the brunt of
prosecution. But I am certain there are bigger institutional players out
there that can. I can not say we would take the case without obviously
speaking with our management committee at my firm, but we often take on
cases that will lose us money if they break into new areas of the law.
Someone must be on this list whom in good faith, honestly believes that
the ITAR restrictions dont apply to every piece of software on the net.
While I can not and am not advocating breaking the law, nor am I
soliciting business because I am sending to a general email list, If
someone is interested in a challenge other than Phil Zimmerman's let me
know. I also will not pursue anything without the relevant author's
permission, obviously. I am not intending to get people in trouble
here. I just feel that their stance on the law is weak at best and feel
there has to be someone out there willing to take the chance.
Matt Miszewski
Attorney at Law
[email protected]