Re: [opensuse] opensuse repositories now illegal in Germany

2007-06-01 Thread Carl Spitzer
On Tue, 2007-05-29 at 06:36 +0700, Fajar Priyanto wrote:
 A knife can be used to kill someone. So, does that mean that we are not 
 allowed to have a knife?
 This is so stupid. I can't believe it.

Stupid enough to have come from the California State legislature.  I am
surprised Germany came up with this first.  I wonder if this is to avoid
liability for BG and Windows which we all know has more holes as yet
undiscovered.

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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-30 Thread Darryl Gregorash
On 2007-05-29 14:56, James Knott wrote:
 snip
 Politicians also talk.  They must therefore be illegal.  ;-)
   
If not, they should be ;-)

Conventional wisdom says that there are 3 kinds of lies: lies, damn lies, and 
statistics. To that should be added the worst kind of lie of all: a political 
promise.

:-D

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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-30 Thread Pascal Bleser
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Darryl Gregorash wrote:
 On 2007-05-29 14:56, James Knott wrote:
 snip
 Politicians also talk.  They must therefore be illegal.  ;-)
   
 If not, they should be ;-)
 
 Conventional wisdom says that there are 3 kinds of lies: lies, damn
 lies, and statistics. To that should be added the worst kind of lie
 of all: a political promise.

And there are three deadly issues on this list: off-topic, off-topic and
off-topic.

Please stick to the topic. Thanks ;)

cheers
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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-29 Thread Thomas Meindl
Thomas Hertweck schrieb:
 Michael S. Dunsavage wrote:
   
 I'm confused. Can someone sum this up for me? I'm from USA.
 

 Last Thursday, the German parliament passed a concept that had been
 proposed by the German government parties. The concept concerns the
 German criminal code and is meant to tighten laws against cybercrime.

 According to the new §202c, anybody who prepares a crime by building,
 supplying, distributing or making available passwords or security codes
 for data access or typical computer programs whose purpose is to prepare
 or commit such a crime, can be fined or sent to jail for up to one year.
 There were other changes concerning §202, but the one mentioned above is
 the one most criticized.

 Many people say that it's not possible to distinguish between programs
 that might be used to prepare a crime and programs that serve to detect
 vulnerabilities and secure computer systems (I personally agree with
 that statement). Therefore, §202c could criminalize many tools that are
 frequently used these days, for instance port scanners etc. There is no
 clear definition given in §202c and at the end of the day a German court
 might have to decide in individual cases. The intention of §202c,
 however, seems to be to criminalize only software that might cause a
 damage.

 In order to become a law, the concept has to pass the German Bundesrat
 (upper house of the German parliament) as well. This could happen in
 July. Then the new concept would become a law shortly thereafter.

 It could affect openSUSE (in Germany) since the distribution of programs
 that fall into above mentioned category (yet to be clearly defined) is
 then forbidden.

 HTH,
 Th.

 PS: This topic is not of technical nature and should be discussed on
 opensuse-project.


   
I'm sorry for getting this on the wrong list, thank you for pointing
this out.
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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-29 Thread Thomas Meindl
M Harris schrieb:
 On Tuesday 29 May 2007 00:27, M Harris wrote:
   
 2. Creating, procuring for themselves or others, selling,
 distributing, handing over or in any other manner making available to
 others
computer programs the purpose of which is the commission of such a
criminal offense will be punished with a prison term of up to one
year or with a fine.
 
   
   http://www.heise.de/english/newsticker/news/79230

   
Thanks for searching the info :)

   Following the logic of 202c to its ultimate conclusion results in 
 making the 
 entire distribution of openSUSE (or any other distro) illegal--- because a 
 computer system (kernel, ip stack, and utilities) all constitute the standard 
 tools through which a cyber crime is committed. The ludicrous hyper 
 interpretation of this section of the German penal code (StGB) must 
 necessarily lead to the conclusion that the distribution of entire operating 
 systems and utilities ( not just port scanners like nmap ) are dangerous 
 because they can be used in the commission of a cyber crime. 

   
If this law passes the German Bundesrat, it will be a major drawback for
the German software industrie and will provide problems without end. I
imagine that it also will cause immense troubles for all the
distributors. In this case all German ISO files will need a recreation
without the tools in question and the repositories will need a clean-up.
So in future there could be the need for a 'stripped' German version of
a distribution.

 On the other hand, nmap has been in the community for so long that to outlaw 
 its distribution is very analogous to outlawing the distribution of firearms. 
 If we outlaw the distribution of firearms only criminals will have firearms. 
 If we outlaw the distribution of security tools like nmap, only crackers will 
 have nmap. (well, along with the millions of other folks like myself who 
 already have it)

   sigh
   
Exactly! It's a law that helps the criminals.

Kind regards,
tM

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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-29 Thread G T Smith
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M Harris wrote:
 On Tuesday 29 May 2007 00:27, M Harris wrote:
   Following the logic of 202c to its ultimate conclusion results in 
 making the 
 entire distribution of openSUSE (or any other distro) illegal--- because a 
 computer system (kernel, ip stack, and utilities) all constitute the standard 
 tools through which a cyber crime is committed. The ludicrous hyper 
 interpretation of this section of the German penal code (StGB) must 
 necessarily lead to the conclusion that the distribution of entire operating 
 systems and utilities ( not just port scanners like nmap ) are dangerous 
 because they can be used in the commission of a cyber crime. 

If it could be interpreted this way the legislation probably could run
foul of EU trade regulations among other things.

As I understand it this a principle rather than legislation, and it
would be the purpose of the Bunderstag (or another body) to turn the
concept into workable legislation.

In UK law there is the concept of attempt to supply for the purpose of
an illegal act in which case it the intent to supply rather than the
object itself that is illegal.

 
   This is just about as silly as the judge who shocked the Woolwich Crown 
 Court 
 in the UK for not knowing what a web-site was. 
 
   http://www.thesun.co.uk/article/0,,2-2007220614,00.html
 

I suspect (as you do) that this comment was taken out of context, and
really shocked no-one over here.

The statement 'I read it in the Sun so it must be true' is a bit of a
standing joke in the UK. People usually buy it for only two things (Ok
for UK list members more accurately 3 things, two on page 3 and the
racing and sports coverage). People rarely buy it to read the news. This
report made barely a ripple in the UK Broadsheets.



 Clearly technology has presented legal western culture with a serious problem 
 for aging ( judicial and legislative ) dogs who are apparently not able to 
 learn new tricks. 
 
Drafting law is in someways like writing code, it needs precise
definition. Attempts to make it comprehensible can lead to a semantic
mess. I am not too sure what the relationship between the German
Judiciary and Legislature is, but in the long term european judiciaries
tend to sort out the messes the politicians drop in their laps.


 
   On the other hand, nmap has been in the community for so long that to 
 outlaw 
 its distribution is very analogous to outlawing the distribution of firearms. 
 If we outlaw the distribution of firearms only criminals will have firearms. 

In most of Europe possession of firearms is strictly regulated. In the
UK it is illegal to own a hand gun (and owning replicas is under
review). While there is gun crime, the collateral damage to bystanders
is somewhat less than in the US. Though I understand it is not a good
idea to take country walks in some parts of Italy and France during the
hunting season :-)

I think the analogy is not appropriate.


 If we outlaw the distribution of security tools like nmap, only crackers will 
 have nmap. (well, along with the millions of other folks like myself who 
 already have it)
 
   sigh
 
 

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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-29 Thread James Knott
Fajar Priyanto wrote:
 On Tuesday 29 May 2007 07:30, SOTL wrote:
   
 You over estimate politicians ability.

 Since breaking in is illegal then obviously tools used to break in must be
 illegal too.

 Given that then I have a garage that has such tools as a hammer, saw, crow
 bar, pliers et it it which are obviously burglary tools even though I am a
 construction engineer as was my father.

 So software is now up to the same level as the the physical world.
 Possession of tools to do work is a\makes you a criminal.
 

 Absolutely agree. It's the action that needs to be account of, not the tools.
 As an even more extreme example, people can trick someone into giving money 
 just by talking. So, talking is illegal.
Politicians also talk.  They must therefore be illegal.  ;-)



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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-29 Thread M Harris
On Tuesday 29 May 2007 04:00, G T Smith wrote:
    This is just about as silly as the judge who shocked the Woolwich
  Crown Court in the UK for not knowing what a web-site was.
 
    http://www.thesun.co.uk/article/0,,2-2007220614,00.html

 I suspect (as you do) that this comment was taken out of context, and
 really shocked no-one over here.
Yes, while the judge was accurately quoted (making headlines around the 
world), on-line defense for the Honorable Peter Openshaw indicating that the 
judge's quote (taken out of context) was intended to clarify complex evidence 
for the court system can be found at the following link. Judge Openshaw is 
completely computer literate.


http://www.boston.com/news/world/europe/articles/2007/05/18/uk_judge_defended_over_what_is_web_site_comment/




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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-28 Thread Andreas Jaeger
Thomas Meindl [EMAIL PROTECTED] writes:

 Reading the news I came across the legal issue of a new law in Germany.
 It is now illegal to own, write or distribute preventive software which
 can test the security of a computer by using the internet. As far as I
 can see this means that portscanner like nmap are now illegal.
 Does anyone know how this affects the opensuse distribution?

I'll have our legal experts look into this - thanks for pointing it out,

Andreas
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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-28 Thread peter nikolic
On Monday 28 May 2007, Thomas Meindl wrote:
 Reading the news I came across the legal issue of a new law in Germany.
 It is now illegal to own, write or distribute preventive software which
 can test the security of a computer by using the internet. As far as I
 can see this means that portscanner like nmap are now illegal.
 Does anyone know how this affects the opensuse distribution?
 Kind regards,
 Tom

Humm  ..

It seems   that M$ Corp has infected the German Law Making system time to move 
SuSE to somewhere that M$ Corp can't get at ..


Pete ..



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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-28 Thread Druid


It seems   that M$ Corp has infected the German Law Making system time to move
SuSE to somewhere that M$ Corp can't get at ..



Your comment is completely offtopic, unrelated and non-constructive.
Doing this you are only adding noise to the topic, and potentially
hijacking the thread and instead of people discussing a potential
interesting thread they will do random babling about microsoft.

Dont to this, you are disrupting the thread and the list

Marcio
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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-28 Thread James Knott
Thomas Meindl wrote:
 Reading the news I came across the legal issue of a new law in Germany.
 It is now illegal to own, write or distribute preventive software which
 can test the security of a computer by using the internet. As far as I
 can see this means that portscanner like nmap are now illegal.
 Does anyone know how this affects the opensuse distribution?
 Kind regards,
 Tom
   
Don't you just love the idiot politicians that come up with this stuff? 
With laws like that, it would be illegal to make sure your front door is
locked, before leaving home.  Any responsible sysadmin has to perform
such checks as part of his job.  I've often done so against my own firewall.


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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-28 Thread Kai Ponte
On Mon, May 28, 2007 4:39 am, Druid wrote:

 It seems   that M$ Corp has infected the German Law Making system
 time to move
 SuSE to somewhere that M$ Corp can't get at ..


 Your comment is completely offtopic, unrelated and non-constructive.
 Doing this you are only adding noise to the topic, and potentially
 hijacking the thread and instead of people discussing a potential
 interesting thread they will do random babling about microsoft.

 Dont to this, you are disrupting the thread and the list



I feel so...


...so...

...disrupted.


sniff

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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-28 Thread Fajar Priyanto
On Monday 28 May 2007 18:52, James Knott wrote:
 Don't you just love the idiot politicians that come up with this stuff?
 With laws like that, it would be illegal to make sure your front door is
 locked, before leaving home.  Any responsible sysadmin has to perform
 such checks as part of his job.  I've often done so against my own
 firewall.

You make a real point there. This is absurd, I can't believe it. Hopefully 
it's only rumor.

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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-28 Thread Druid



why dont you just go take a running jump of the highest thing around you and
STFU  Freakin drongo ..#



Stop using that language, you are just a boy and you mom wont like to
know about that.

Marcio
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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-28 Thread Rauch Christian
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Thomas Meindl wrote:
 Reading the news I came across the legal issue of a new law in Germany.

Because of this, I removed today one piece of software from my (small)
repository.

Let's see if the Bundesrat will use his revocation right on this or
if they let it pass :(

More information (in german) can be found here:
http://www.heise.de/newsticker/meldung/90223

Regards,
Chris

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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-28 Thread Doug McGarrett
On Monday 28 May 2007 14:55, Rauch Christian wrote:
 Thomas Meindl wrote:
  Reading the news I came across the legal issue of a new law in Germany.

 Because of this, I removed today one piece of software from my (small)
 repository.

 Let's see if the Bundesrat will use his revocation right on this or
 if they let it pass :(

 More information (in german) can be found here:
 http://www.heise.de/newsticker/meldung/90223

 Regards,
 Chris

 --
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All of you in Germany should write to the Bundesrat and explain the technical
problems this law would cause, as a number have submitted to this list 
already.  BTW, it has been discovered in the USA that handwritten letters to
Congresspersons and Senators are much more effective than either typed or
e-mailed communications.  I don't know if there is any such data for Germany,
and I really don't know what the Bundesrat is--it sounds like some kind of a 
council, from the name.  Guten Glueck!  --doug
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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-28 Thread Rauch Christian
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Doug McGarrett wrote:
 All of you in Germany should write to the Bundesrat and explain the technical
 problems this law would cause, as a number have submitted to this list 
 already.  

There were already several hearings from experts aswell at the Bundestag (who 
passed this law)
and the Bundesrat and they stated that this law should be discarded, but the 
Bundestag decided
the other way.

There is already a lot of protest from several sides including the Chaos 
Computer Club and the ISP's lobby.

 Guten Glueck!  --doug

Thank you!
Chris

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RE: [opensuse] opensuse repositories now illegal in Germany

2007-05-28 Thread Michael S. Dunsavage
I'm confused. Can someone sum this up for me? I'm from USA.

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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-28 Thread Randall R Schulz
On Monday 28 May 2007 01:24, Thomas Meindl wrote:
 Reading the news I came across the legal issue of a new law in
 Germany. It is now illegal to own, write or distribute preventive
 software which can test the security of a computer by using the
 internet. ...

Could you provide some pointers to on-line information regarding this 
law?


 Tom


Thanks,

Randall Schulz
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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-28 Thread Randall R Schulz
On Monday 28 May 2007 13:52, Michael S. Dunsavage wrote:
 I'm confused. Can someone sum this up for me? I'm from USA.

One means of assessing a system's security against break-in attempts 
that originate outside the machine and use the Internet (or, more 
precisely, an IP-based protocol or, simply, IP packets as such) as the 
avenue of attack is to scan the IP ports of a host's IP address(es). 
This means to attempt to establish connections or elicit some kind of 
response by sending test packets to the subject system.

As it turns out, this activity is very similar to those employed in 
break-in attempts themselves, for the obvious reason.

Judging from what the OP wrote, posessing software which can perform 
such scans has been made illegal in Germany.

If that's an accurate characterization, then this law is going to be a 
problem, both for diligent, security-conscious system administrators 
and for anyone trying to enforce it, since even without purpose-built 
port-scanning software, one can still pretty easily cobble together 
some scripts to perform the same essential tests.


Randall Schulz
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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-28 Thread Thomas Hertweck

Michael S. Dunsavage wrote:
 I'm confused. Can someone sum this up for me? I'm from USA.

Last Thursday, the German parliament passed a concept that had been
proposed by the German government parties. The concept concerns the
German criminal code and is meant to tighten laws against cybercrime.

According to the new §202c, anybody who prepares a crime by building,
supplying, distributing or making available passwords or security codes
for data access or typical computer programs whose purpose is to prepare
or commit such a crime, can be fined or sent to jail for up to one year.
There were other changes concerning §202, but the one mentioned above is
the one most criticized.

Many people say that it's not possible to distinguish between programs
that might be used to prepare a crime and programs that serve to detect
vulnerabilities and secure computer systems (I personally agree with
that statement). Therefore, §202c could criminalize many tools that are
frequently used these days, for instance port scanners etc. There is no
clear definition given in §202c and at the end of the day a German court
might have to decide in individual cases. The intention of §202c,
however, seems to be to criminalize only software that might cause a
damage.

In order to become a law, the concept has to pass the German Bundesrat
(upper house of the German parliament) as well. This could happen in
July. Then the new concept would become a law shortly thereafter.

It could affect openSUSE (in Germany) since the distribution of programs
that fall into above mentioned category (yet to be clearly defined) is
then forbidden.

HTH,
Th.

PS: This topic is not of technical nature and should be discussed on
opensuse-project.


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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-28 Thread Fajar Priyanto
On Tuesday 29 May 2007 05:20, Thomas Hertweck wrote:
 Michael S. Dunsavage wrote:
  I'm confused. Can someone sum this up for me? I'm from USA.

 Last Thursday, the German parliament passed a concept that had been
 proposed by the German government parties. The concept concerns the
 German criminal code and is meant to tighten laws against cybercrime.

 According to the new §202c, anybody who prepares a crime by building,
 supplying, distributing or making available passwords or security codes
 for data access or typical computer programs whose purpose is to prepare
 or commit such a crime, can be fined or sent to jail for up to one year.
 There were other changes concerning §202, but the one mentioned above is
 the one most criticized.

 Many people say that it's not possible to distinguish between programs
 that might be used to prepare a crime and programs that serve to detect
 vulnerabilities and secure computer systems (I personally agree with
 that statement). Therefore, §202c could criminalize many tools that are
 frequently used these days, for instance port scanners etc. There is no
 clear definition given in §202c and at the end of the day a German court
 might have to decide in individual cases. The intention of §202c,
 however, seems to be to criminalize only software that might cause a
 damage.

 In order to become a law, the concept has to pass the German Bundesrat
 (upper house of the German parliament) as well. This could happen in
 July. Then the new concept would become a law shortly thereafter.

 It could affect openSUSE (in Germany) since the distribution of programs
 that fall into above mentioned category (yet to be clearly defined) is
 then forbidden.

A knife can be used to kill someone. So, does that mean that we are not 
allowed to have a knife?
This is so stupid. I can't believe it.
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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-28 Thread Pueblo Native
Fajar Priyanto wrote:
 On Tuesday 29 May 2007 05:20, Thomas Hertweck wrote:
   
 Michael S. Dunsavage wrote:
 
 I'm confused. Can someone sum this up for me? I'm from USA.
   
 Last Thursday, the German parliament passed a concept that had been
 proposed by the German government parties. The concept concerns the
 German criminal code and is meant to tighten laws against cybercrime.

 According to the new §202c, anybody who prepares a crime by building,
 supplying, distributing or making available passwords or security codes
 for data access or typical computer programs whose purpose is to prepare
 or commit such a crime, can be fined or sent to jail for up to one year.
 There were other changes concerning §202, but the one mentioned above is
 the one most criticized.

 Many people say that it's not possible to distinguish between programs
 that might be used to prepare a crime and programs that serve to detect
 vulnerabilities and secure computer systems (I personally agree with
 that statement). Therefore, §202c could criminalize many tools that are
 frequently used these days, for instance port scanners etc. There is no
 clear definition given in §202c and at the end of the day a German court
 might have to decide in individual cases. The intention of §202c,
 however, seems to be to criminalize only software that might cause a
 damage.

 In order to become a law, the concept has to pass the German Bundesrat
 (upper house of the German parliament) as well. This could happen in
 July. Then the new concept would become a law shortly thereafter.

 It could affect openSUSE (in Germany) since the distribution of programs
 that fall into above mentioned category (yet to be clearly defined) is
 then forbidden.
 

 A knife can be used to kill someone. So, does that mean that we are not 
 allowed to have a knife?
 This is so stupid. I can't believe it.
   

This is what happens when you let the politicians who have been reading
Computer security for dummies try to pass legislation. 
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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-28 Thread Fajar Priyanto
On Tuesday 29 May 2007 07:30, SOTL wrote:
 You over estimate politicians ability.

 Since breaking in is illegal then obviously tools used to break in must be
 illegal too.

 Given that then I have a garage that has such tools as a hammer, saw, crow
 bar, pliers et it it which are obviously burglary tools even though I am a
 construction engineer as was my father.

 So software is now up to the same level as the the physical world.
 Possession of tools to do work is a\makes you a criminal.

Absolutely agree. It's the action that needs to be account of, not the tools.
As an even more extreme example, people can trick someone into giving money 
just by talking. So, talking is illegal. Better yet, there are a lot of scams 
in the form of email, so typing letters into computer is illegal too. In the 
end, this very email is illegal. Ooopss!
LOL.
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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-28 Thread Darryl Gregorash
On 2007-05-28 13:44, Doug McGarrett wrote:
 snip
 and I really don't know what the Bundesrat is--it sounds like some kind of a 
 council, from the name.
Federal German equivalent of the Senate (House of Lords for those from
the UK :-) ).

-- 
Moral indignation is jealousy with a halo. -- HG Wells

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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-28 Thread Moby



Darryl Gregorash wrote:

On 2007-05-28 13:44, Doug McGarrett wrote:
  

snip
and I really don't know what the Bundesrat is--it sounds like some kind of a 
council, from the name.


Federal German equivalent of the Senate (House of Lords for those from
the UK :-) ).

  
IMHO, there is more to it than stupid politicians - and most 
politicians are quite bright.  After all, why is the United States 
Postal Service not subject to the same regulations?  One can mail any 
contraband one wants without the USPS being held responsible.  As 
someone likes to say, follow the money  who stands to benefit from 
such regulations?  Who makes massive amounts of software covering a wide 
variety of topics and does not have a united legal or political front?  
If more and more open source software becomes harder and harder to get, 
who stands to have their competition lessened?  Answers are left as an 
exercise for readers.


--
--Moby

They that can give up essential liberty to obtain a little temporary safety 
deserve neither liberty nor safety.  -- Benjamin Franklin


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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-28 Thread Stevens

Writing law is like writing software -- very similar, really.
The really good stuff is few and far between and the bad stuff 
is too plentiful, smells like bovine excretions, reads like Redmond 
code and upon execution, too often locks up the system.
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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-28 Thread M Harris
On Monday 28 May 2007 16:57, Randall R Schulz wrote:
 Could you provide some pointers to on-line information regarding this
 law?
[ . . . ]

2. Creating, procuring for themselves or others, selling, distributing, 
   handing over or in any other manner making available to others 
   computer programs the purpose of which is the commission of such a 
   criminal offense will be punished with a prison term of up to one 
   year or with a fine.

As the wording of the draft makes clear the sole criterion here is the 
objective risks inherent in the software -- and not as one might expect 
the purpose for which it is meant to be used. Thus it says verbatim:

In particular the potentially widespread distribution of hacker tools 
made possible by the Internet, their easy availability, as well as their 
simple use, constitute a considerable danger, which can only be combated 
effectively by making the distribution as such of such inherently 
dangerous tools a crime.

Thus it is suggested in Section 1 Subheading 2 that the committing of an 
act or acts preparatory to the commission of a criminal offense as 
defined in 202a or 202b StGB by creating, procuring, selling, 
distributing, handing over or in any other manner making available to 
others computer programs the purpose of which is the commission of such 
a criminal offense be penalized.

The draft has been vehemently criticized by German industry associations 
such as the Association for Information Technology, Telecommunications 
and New Media (Bitkom) (PDF file) and eco (PDF file) as well as the 
Chaos Computer Club (CCC).




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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-28 Thread M Harris
On Tuesday 29 May 2007 00:27, M Harris wrote:
 2. Creating, procuring for themselves or others, selling,
 distributing, handing over or in any other manner making available to
 others
    computer programs the purpose of which is the commission of such a
    criminal offense will be punished with a prison term of up to one
    year or with a fine.

http://www.heise.de/english/newsticker/news/79230

Following the logic of 202c to its ultimate conclusion results in 
making the 
entire distribution of openSUSE (or any other distro) illegal--- because a 
computer system (kernel, ip stack, and utilities) all constitute the standard 
tools through which a cyber crime is committed. The ludicrous hyper 
interpretation of this section of the German penal code (StGB) must 
necessarily lead to the conclusion that the distribution of entire operating 
systems and utilities ( not just port scanners like nmap ) are dangerous 
because they can be used in the commission of a cyber crime. 

This is just about as silly as the judge who shocked the Woolwich Crown 
Court 
in the UK for not knowing what a web-site was. 

http://www.thesun.co.uk/article/0,,2-2007220614,00.html

Clearly technology has presented legal western culture with a serious problem 
for aging ( judicial and legislative ) dogs who are apparently not able to 
learn new tricks. 

Obviously education is needed; however, another thing that the 
community can 
do is to re-market certain tools in a positive light... perhaps even 
repackaging tools like nmap... giving nmap a new name like health-map, and 
packaging it with network security tools to be used for the expressed purpose 
of protecting local infrastructures, etc.  

On the other hand, nmap has been in the community for so long that to 
outlaw 
its distribution is very analogous to outlawing the distribution of firearms. 
If we outlaw the distribution of firearms only criminals will have firearms. 
If we outlaw the distribution of security tools like nmap, only crackers will 
have nmap. (well, along with the millions of other folks like myself who 
already have it)

sigh


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Re: [opensuse] opensuse repositories now illegal in Germany

2007-05-28 Thread John Andersen
On Monday 28 May 2007, M Harris wrote:
 2. Creating, procuring for themselves or others, selling,
 distributing, handing over or in any other manner making available to
 others  computer programs the purpose of which is the commission of such a
 criminal offense will be punished with a prison term of up to one
 year or with a fine.

 As the wording of the draft makes clear the sole criterion here is the
 objective risks inherent in the software -- and not as one might expect
 the purpose for which it is meant to be used. 

I've actually never seen a piece of software that stated anywhere in its
documentation that purpose of which was the commission of
a criminal offense.

It would seem that the current usage/purpose statements that accompany
things like Ethereal/wireshark are quite sufficient to protect
them from prosecution under this law.  

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John Andersen
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