[Cdn-DMCA] Possession of "anti-circumvention" tools

[Michael Richardson]

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>>>>> "Chris" == Chris Brand <Chris_Brand at spectrumsignal.com> writes:
{I'm not a lawyer. And they won't even let me be on TV most of the time...}

    Chris> I clearly need to reword my second question. Say I'm a
    Chris> professional burglar, and I buy a crowbar for just that
    Chris> purpose. Maybe I even use it for that purpose. Say I'm really good
    Chris> and the cops can't catch me in the act, or in possession of stolen
    Chris> property, etc. If they get a search warrant and find the crowbar,
    Chris> could they arrest me under this law, or would the fact that its in

  Well, first thing is "search warrant" - in theory, they would have to have
some evidence to search in the first place. This evidence, if it was good 
enough to stand up in court (i.e. you were unable to challenge the legality 
of the search warrant) would likely also help them establish intent.

    Chris> So there is a precedent for laws that outlaw the manufacture
    Chris> and/or distribution of tools, on the grounds that they are likely
    Chris> to be used illegally ?

  Yes, there are many, most of them are dubious restrictions in my opinion.

  1) manufacturers of munitions must often be licensed.
     (And get licenses for export. Munitions includes any software that
     includes crypto, such as would be needed for any serious Rights
     Management) 

  2) drugs. tobacco. come to mind. Are these "tools"?

]       ON HUMILITY: to err is human. To moo, bovine.           |  firewalls  [
]   Michael Richardson, Sandelman Software Works, Ottawa, ON    |net architect[
] mcr at sandelman.ottawa.on.ca http://www.sandelman.ottawa.on.ca/ |device driver[
] panic("Just another NetBSD/notebook using, kernel hacking, security guy");  [

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