Netintercept and SSH Decryption

[Jason Clinton]

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Brian Densmore wrote:
| No, it actually says that selling or distributing methods of cracking
|  encrypted copyrighted material is illegal and ssh is copyrighted
| encryption. Not to mention that many encrypted ssh tunnels are
| transmitting copyrighted material, which makes any program explicitly
|  designed to unencrypt that data a violation of the DMCA. Even if the
|  program doesn't copy the copyrighted material the mere act of
| unencrypting it (in order to get at passwords, which aren't) is
| illegal. You see there are many problems with the DMCA, which was
| designed only to prevent people from copying CDs and DVDs, but is so
|  wide ranging that many legitimate uses and some immoral but legal
| uses are now criminalized.

Your intellect is truly dizzying. :)

If I correctly read your above statement, you are claiming that because
a /method/ of encryption is copyrighted, it is protected by the DMCA.
This is not correct. From the U.S. Copyright Office's Summary on the DMCA:

| Section 103 of the DMCA adds a new chapter 12 to Title 17 of the U.S.
| Code. New section 1201 implements the obligation to provide adequate
| and effective protection against circumvention of technological
| measures used by copyright owners to protect their works. Section
| 1201 divides technological measures into two categories: measures
| that prevent unauthorized access to a copyrighted work and measures
| that prevent unauthorized copying of a copyrighted work. Making or
| selling devices or services that are used to circumvent either
| category of technological measure is prohibited in certain
| circumstances, described below. As to the act of circumvention in
| itself, the provision prohibits circumventing the first category of
| technological measures, but not the second. [3-4]

Thus, it only protects a copyrighted work that is 'protected' /by/
encryption.

Also, your claim that the stream cannot be sniffed because the content
of the encrypted stream is copyrighted material is also not valid. As
you know, businesses that would use such tools claim ownership of all IP
that originates on their wires. Also, it would be tough to claim that
your stream was encrypted for the purpose of protecting your copyright
when, in fact, you were encrypting to protect your privacy.

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