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Re: ACM
From: Anthony.zboralski <bcs2005 () bellua com>
Date: Thu, 13 Jan 2005 02:00:08 +0700
On 11 Jan 2005, at 18:14, plonky wrote:
I was about to tell it. Now im an outlaw . But in France, there is an addon to the LEN (Loi sur l'Economie Numerique, Law about digital business, the closest translation in english), which says that people working for scientifical or technical research or computer security in official organisms or company which are officially accredited for such things, can store, study test those kind of software. But as im a poor student, not working for such entities, im outlaw. But i already was cause i have some exploit on my hd in my mailbox. -- plonky
Actually, this law is called the "Loi pour la confiance dans l'économie numérique"
and can be translated to "Trust in the Digital Economy Law".Before we start telling everyone it is illegal to possess exploits in France, let's wait until this unconstitutional crap is enforced and later challenged at the Cour de Cassation and in the European Court of Justice. I bet it doesn't stand a chance! Also a lot of laws are not even enforced at all. e.g. Under French law, having sex with a drunk person is considered rape even if the person is consenting... Damn, all the ex-girlfriends I met at parties were rapists. I wonder
if it is still considered as a rape if both partners are drunk.Here is a brief summary of the article, Chris Eagle pointed to: Guillaume Tena, posted several advisories concerning Viguard, a French antivirus software (its publisher, Tegam, claims it can stop 100% of viruses). In response, the publisher sued Guillaume for counterfeiting and "recel" (receiving and/or concealing counterfeit goods). The advisories contained disassembled pieces of the software. Even though in Europe, reverse engineering is legal when done for compatibility reason; the "Instruction" judge ( judge of investigation) decided it was a "delit" (misdemeanour/offence/tort) because Guillaume published his findings. Two years later the judge dropped the "recel" charge. The forgery charge was maintained and he was condemned on the 4th of January. He was sentenced to a suspended jail sentence of 4 months and has to pay a fine of 6000 euros. The antivirus publisher is now seeking damages of 900,000 euros.
I think that under normal circumstances, Guillaume should appeal. But because the original incident happened in 2001 and our last presidential election was in 2002, the judgement is already amnestied (it is tradition, the newly-elect president will offer a general amnesty for minor crimes) and the sentence won't even be recorded on Guillaume's judiciary file (It takes one year before a judgement is recorded there.) (N.B. condemned offenses are erased after 5 years and condemned crimes are erased after 30 years; without condemnation, 3 and 10 years respectively, it is called prescription.)
Guillaume should look for more flaws in this antivirus software. This time, instead of publishing the results on internet, he should give them to his lawyer as evidence and sue Tegam for false advertisement.
We should all make anonymous calls about Tegam to work inspection, tax department, customs, narcotics, URSSAF, hygiene, etc... to unleash an army of government inspectors.
It is also interesting to note that in France, a "delit", tort/offense/misdemeanour is not a crime. The notion of crime is limited to "Armed robbery, rape, murder, assassination and organisation of wrong-doers (association de malfaiteurs). Maybe one day, the music majors will try to attack p2p networks on the basis that all the participants is an association of wrong-doers and constitute a crime even though copyright violation itself isn't a crime... Copyright violation doesn't even quality as theft. Next time, you see an advert or hear someone saying that "leeching MP3 is theft" or "Computer piracy is a crime", if you're in France or in a country with similar laws you should sue for "false advertising" and/or "slanderous/libellous accusations". (article 29 de la Loi de 1881). Slanderous accusations can be punished with 45000 euros and 5 years of detention :) and moral persons (corporations) may be banned to exercise the activity in which the infraction occurred. Again in France, if morons send you an e-mail saying you're a thief because you copied their stuff, they fall under non-public defamation and insult (R. 621-1 et R. 621-2 du Nouveau Code Pénal.) You might have done something wrong but that doesn't give anyone the right to break the law (using a mantrap to catch a robber is punishable. )
gaius -- Bellua Cyber Security Asia 2005 - http://www.bellua.com/bcs2005 21-22 March - The Workshops - 23-24 March - The Conference bcs2005 () bellua com - Phone: +62213918330 HP:+628159102495 _______________________________________________ Dailydave mailing list Dailydave () lists immunitysec com https://lists.immunitysec.com/mailman/listinfo/dailydave