Re: [Fwd: FW: California State Bill SB1386]

From: <digigal11(at)hushmail.com>
Date: Wed Mar 26 2003 - 19:12:34 EST

>-----Original Message-----

Actually, the question of what constitutes encryption is not a factual question at all, as it pertains to Cal Civ Code 1798.82 (the law that SB1386 changed). It's a legal question - how should or will the courts interpret the word "encryption." First, they will define it, then they will apply that definition. In defining it, the courts rely on existing case law where the same or similar questions were answered. If you want to know how California courts define "encryption," look up cases involving not only encryption but also protection of information, privacy, electronic communication protections, etc.

The first tests of this law will serve to define it, refine it, and provide future governance. That's typically the way it happens.

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Powerful Anti-Spam Management and More... SurfControl E-mail Filter puts the brakes on spam, viruses and malicious code. Safeguard your business critical communications. Download a free 30-day trial: http://www.surfcontrol.com/go/zsfihl1 Received on Wed Mar 26 20:58:11 2003