Re: [swinog] "Hackerparagraph" (fwd)

I have a suggestion: I could draft a comment (regarding "hacking-tools") for the Vernehmlassung and submit it to the mailing-list for approval and input by SWINOG members. As the author of a doctoral thesis on Art. 143bis (the Swiss hacking provision), I might be able to add a certain academic weight to the SWINOG position.

I would be prepared to do this for free, it wouldn't be a paid "Gutachten", but rather a joint statement by an association of people who deal with this issues on a daily basis and a lawyer who has studied this provision in depth.

If SWINOG agrees (do you have any decision procedures?), I would submit a draft by 15 May 2009. The Vernehmlassung ends 30 June, so that would leave us enough time for discussion.

Regards,

Christa

Andreas Fink <afink@list.fink.org> 2009-03-17:
> Collegues,
>
> The federal adminstration wants to change the law about cyber crime.
>
> See also:
>
> >http://www.admin.ch/ch/d/gg/pc/pendent.html#EJPD
> (or especially Genehmigung und Umsetzung des Übereinkommens des
> Europarates über die Cyberkriminalität )
[...]

Note that according to the "Adressatenliste", SwiNOG was
explicitly invited to comment on the proposed change of law.

I guess SwiNOG should comment on Art. 143bis Abs. 2 and request a
clarification, in order to make sure that academical, commercial
and private IT security research will not be affected by the
change of law. The proposed wording of Abs. 2 currently does not
adequatly honour the fact that security tools are dual-use goods
by nature; i.e. they are not inherently good or evil. Or in
other words, there is no practical way to distinguish a tool used
by a professional penetration tester from a tool used by a
blackhat. The difference between the two is not in the tools,
it's in the contracts (i.e. approval of the target's owner).

--
Daniel Roethlisberger
http://daniel.roe.ch/

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