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    Is It Really Encrypted When the Key Is Public and Automatic?

    IT Discussion
    encryption software legal
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    • ObsolesceO
      Obsolesce @scottalanmiller
      last edited by

      @scottalanmiller said in Is It Really Encrypted When the Key Is Public and Automatic?:

      @Obsolesce imagine if you were a lock smith, and you sold someone a lock and key. And you told them about the strength of the key and promoted the lock as being so tough to break into. And then secretly made a kept a copy of that key, and then sold those copies to other people!

      If you were a locksmith, everyone would demand you go to jail, of course. Exactly the same here.

      Sure, that sounds illegal to me... but again, I don't know exactly what they are claiming to do, actually doing, selling, tos/eula/etc.

      scottalanmillerS 1 Reply Last reply Reply Quote 0
      • scottalanmillerS
        scottalanmiller @Obsolesce
        last edited by

        @Obsolesce said in Is It Really Encrypted When the Key Is Public and Automatic?:

        @scottalanmiller said in Is It Really Encrypted When the Key Is Public and Automatic?:

        @Obsolesce imagine if you were a lock smith, and you sold someone a lock and key. And you told them about the strength of the key and promoted the lock as being so tough to break into. And then secretly made a kept a copy of that key, and then sold those copies to other people!

        If you were a locksmith, everyone would demand you go to jail, of course. Exactly the same here.

        Sure, that sounds illegal to me... but again, I don't know exactly what they are claiming to do, actually doing, selling, tos/eula/etc.

        They are selling their system as described: they are promoting the customer's data as being encrypted. Then selling that same encryption key to their competitors.

        DustinB3403D 1 Reply Last reply Reply Quote 0
        • J
          JasGot
          last edited by

          My thoughts.

          Legally, the data is encrypted and can be advertised as such. No laws broken.

          Now, here is where you can go after the vendor, with a single word: "Negligence."

          The vendor will be found profoundly negligent in the way they designed their software.

          scottalanmillerS 2 Replies Last reply Reply Quote 1
          • DustinB3403D
            DustinB3403 @scottalanmiller
            last edited by

            @scottalanmiller said in Is It Really Encrypted When the Key Is Public and Automatic?:

            @Obsolesce said in Is It Really Encrypted When the Key Is Public and Automatic?:

            @scottalanmiller said in Is It Really Encrypted When the Key Is Public and Automatic?:

            @Obsolesce imagine if you were a lock smith, and you sold someone a lock and key. And you told them about the strength of the key and promoted the lock as being so tough to break into. And then secretly made a kept a copy of that key, and then sold those copies to other people!

            If you were a locksmith, everyone would demand you go to jail, of course. Exactly the same here.

            Sure, that sounds illegal to me... but again, I don't know exactly what they are claiming to do, actually doing, selling, tos/eula/etc.

            They are selling their system as described: they are promoting the customer's data as being encrypted. Then selling that same encryption key to their competitors.

            It's all still encrypted, just with a horribly thought out process for encryption.

            scottalanmillerS 1 Reply Last reply Reply Quote 0
            • scottalanmillerS
              scottalanmiller @DustinB3403
              last edited by

              @DustinB3403 said in Is It Really Encrypted When the Key Is Public and Automatic?:

              @scottalanmiller said in Is It Really Encrypted When the Key Is Public and Automatic?:

              @Obsolesce said in Is It Really Encrypted When the Key Is Public and Automatic?:

              @scottalanmiller said in Is It Really Encrypted When the Key Is Public and Automatic?:

              @Obsolesce imagine if you were a lock smith, and you sold someone a lock and key. And you told them about the strength of the key and promoted the lock as being so tough to break into. And then secretly made a kept a copy of that key, and then sold those copies to other people!

              If you were a locksmith, everyone would demand you go to jail, of course. Exactly the same here.

              Sure, that sounds illegal to me... but again, I don't know exactly what they are claiming to do, actually doing, selling, tos/eula/etc.

              They are selling their system as described: they are promoting the customer's data as being encrypted. Then selling that same encryption key to their competitors.

              It's all still encrypted, just with a horribly thought out process for encryption.

              It is, but the key is stored with it. If you weld a key in a lock, it becomes a door knob. That's the scenario here, there is never a time that the data is encrypted without the ability to read it.

              DashrenderD 1 Reply Last reply Reply Quote 0
              • scottalanmillerS
                scottalanmiller @JasGot
                last edited by

                @JasGot said in Is It Really Encrypted When the Key Is Public and Automatic?:

                Legally, the data is encrypted and can be advertised as such. No laws broken.

                Is this true? In no other context would this be legal. Using "encryption" to refer to something that requires nothing secret to read has never been legal. If it was, you could use it to refer to all data, because everything has to be encoded to be on a computer. Whether it is stored in ASCII or in a file system or XML, that's all encryption by that definition. That's all that it is here, just a weird format but one that involves zero security.

                If you pulled that with HIPAA it would be black and white lying about the encryption. Why would this case be different than all other legal cases? What makes this special?

                DashrenderD 1 Reply Last reply Reply Quote 0
                • scottalanmillerS
                  scottalanmiller @JasGot
                  last edited by

                  @JasGot said in Is It Really Encrypted When the Key Is Public and Automatic?:

                  Legally, the data is encrypted and can be advertised as such. No laws broken.

                  If a system uses a password, but enters the password automatically and never asks for it, is it still a password? In this case, uses never need the key to use the data... not even other users. The key is always presented automatically even if you separate the key from the data. The encoding is like ASCII, not like what the IT industry calls encryption.

                  1 Reply Last reply Reply Quote 0
                  • DashrenderD
                    Dashrender @scottalanmiller
                    last edited by

                    @scottalanmiller said in Is It Really Encrypted When the Key Is Public and Automatic?:

                    @JasGot said in Is It Really Encrypted When the Key Is Public and Automatic?:

                    Legally, the data is encrypted and can be advertised as such. No laws broken.

                    Is this true? In no other context would this be legal. Using "encryption" to refer to something that requires nothing secret to read has never been legal.

                    flip that on its ear - has it been specifically illegal? I'm guessing not.

                    scottalanmillerS 1 Reply Last reply Reply Quote 0
                    • DashrenderD
                      Dashrender @scottalanmiller
                      last edited by

                      @scottalanmiller said in Is It Really Encrypted When the Key Is Public and Automatic?:

                      @DustinB3403 said in Is It Really Encrypted When the Key Is Public and Automatic?:

                      @scottalanmiller said in Is It Really Encrypted When the Key Is Public and Automatic?:

                      @Obsolesce said in Is It Really Encrypted When the Key Is Public and Automatic?:

                      @scottalanmiller said in Is It Really Encrypted When the Key Is Public and Automatic?:

                      @Obsolesce imagine if you were a lock smith, and you sold someone a lock and key. And you told them about the strength of the key and promoted the lock as being so tough to break into. And then secretly made a kept a copy of that key, and then sold those copies to other people!

                      If you were a locksmith, everyone would demand you go to jail, of course. Exactly the same here.

                      Sure, that sounds illegal to me... but again, I don't know exactly what they are claiming to do, actually doing, selling, tos/eula/etc.

                      They are selling their system as described: they are promoting the customer's data as being encrypted. Then selling that same encryption key to their competitors.

                      It's all still encrypted, just with a horribly thought out process for encryption.

                      It is, but the key is stored with it. If you weld a key in a lock, it becomes a door knob. That's the scenario here, there is never a time that the data is encrypted without the ability to read it.

                      I think this is the closest analogy you've put forth so far - but welding is a bit to far, I simply think saying "leave the key in the lock" Because in that case, the key can be removed - just like the key can be removed from the local computer - doesn't matter than others have copies, or can get copies...

                      so run it from there - what are the legal liabilities?

                      scottalanmillerS 2 Replies Last reply Reply Quote 0
                      • scottalanmillerS
                        scottalanmiller @Dashrender
                        last edited by

                        @Dashrender said in Is It Really Encrypted When the Key Is Public and Automatic?:

                        @scottalanmiller said in Is It Really Encrypted When the Key Is Public and Automatic?:

                        @DustinB3403 said in Is It Really Encrypted When the Key Is Public and Automatic?:

                        @scottalanmiller said in Is It Really Encrypted When the Key Is Public and Automatic?:

                        @Obsolesce said in Is It Really Encrypted When the Key Is Public and Automatic?:

                        @scottalanmiller said in Is It Really Encrypted When the Key Is Public and Automatic?:

                        @Obsolesce imagine if you were a lock smith, and you sold someone a lock and key. And you told them about the strength of the key and promoted the lock as being so tough to break into. And then secretly made a kept a copy of that key, and then sold those copies to other people!

                        If you were a locksmith, everyone would demand you go to jail, of course. Exactly the same here.

                        Sure, that sounds illegal to me... but again, I don't know exactly what they are claiming to do, actually doing, selling, tos/eula/etc.

                        They are selling their system as described: they are promoting the customer's data as being encrypted. Then selling that same encryption key to their competitors.

                        It's all still encrypted, just with a horribly thought out process for encryption.

                        It is, but the key is stored with it. If you weld a key in a lock, it becomes a door knob. That's the scenario here, there is never a time that the data is encrypted without the ability to read it.

                        I think this is the closest analogy you've put forth so far - but welding is a bit to far, I simply think saying "leave the key in the lock" Because in that case, the key can be removed - just like the key can be removed from the local computer - doesn't matter than others have copies, or can get copies...

                        so run it from there - what are the legal liabilities?

                        You can't remove the key from the app, though. It's literally welded in. You'd have to remove the door, to remove the key.

                        1 Reply Last reply Reply Quote 0
                        • scottalanmillerS
                          scottalanmiller @Dashrender
                          last edited by

                          @Dashrender said in Is It Really Encrypted When the Key Is Public and Automatic?:

                          so run it from there - what are the legal liabilities?

                          Can't. Key is required to be with the data for the app to run. It's inside the app, can't he separated.

                          DashrenderD ObsolesceO 2 Replies Last reply Reply Quote 0
                          • scottalanmillerS
                            scottalanmiller @Dashrender
                            last edited by

                            @Dashrender said in Is It Really Encrypted When the Key Is Public and Automatic?:

                            @scottalanmiller said in Is It Really Encrypted When the Key Is Public and Automatic?:

                            @JasGot said in Is It Really Encrypted When the Key Is Public and Automatic?:

                            Legally, the data is encrypted and can be advertised as such. No laws broken.

                            Is this true? In no other context would this be legal. Using "encryption" to refer to something that requires nothing secret to read has never been legal.

                            flip that on its ear - has it been specifically illegal? I'm guessing not.

                            Using a standard term to mean the complete opposite? Yes, that's generally illegal.

                            1 Reply Last reply Reply Quote 0
                            • DashrenderD
                              Dashrender @scottalanmiller
                              last edited by

                              @scottalanmiller said in Is It Really Encrypted When the Key Is Public and Automatic?:

                              @Dashrender said in Is It Really Encrypted When the Key Is Public and Automatic?:

                              so run it from there - what are the legal liabilities?

                              Can't. Key is required to be with the data for the app to run. It's inside the app, can't he separated.

                              OK I misunderstood then.. gotcha..

                              scottalanmillerS 1 Reply Last reply Reply Quote 0
                              • scottalanmillerS
                                scottalanmiller @Dashrender
                                last edited by

                                @Dashrender said in Is It Really Encrypted When the Key Is Public and Automatic?:

                                @scottalanmiller said in Is It Really Encrypted When the Key Is Public and Automatic?:

                                @Dashrender said in Is It Really Encrypted When the Key Is Public and Automatic?:

                                so run it from there - what are the legal liabilities?

                                Can't. Key is required to be with the data for the app to run. It's inside the app, can't he separated.

                                OK I misunderstood then.. gotcha..

                                You CAN remove the key and make the data unreachable, even by yourself. but only by deleting the app entirely.

                                1 Reply Last reply Reply Quote 0
                                • scottalanmillerS
                                  scottalanmiller
                                  last edited by

                                  But anyone else with the app will have your key, so you can stop yourself from reading it, but you can't stop anyone else.

                                  1 Reply Last reply Reply Quote 0
                                  • ObsolesceO
                                    Obsolesce @scottalanmiller
                                    last edited by

                                    @scottalanmiller said in Is It Really Encrypted When the Key Is Public and Automatic?:

                                    @Dashrender said in Is It Really Encrypted When the Key Is Public and Automatic?:

                                    so run it from there - what are the legal liabilities?

                                    Can't. Key is required to be with the data for the app to run. It's inside the app, can't he separated.

                                    Have you successfully been able to use it to decrypt other people's data?

                                    DustinB3403D scottalanmillerS 2 Replies Last reply Reply Quote 0
                                    • DustinB3403D
                                      DustinB3403 @Obsolesce
                                      last edited by

                                      @Obsolesce said in Is It Really Encrypted When the Key Is Public and Automatic?:

                                      @scottalanmiller said in Is It Really Encrypted When the Key Is Public and Automatic?:

                                      @Dashrender said in Is It Really Encrypted When the Key Is Public and Automatic?:

                                      so run it from there - what are the legal liabilities?

                                      Can't. Key is required to be with the data for the app to run. It's inside the app, can't he separated.

                                      Have you successfully been able to use it to decrypt other people's data?

                                      I don't know if that would be ethical to do specifically. But since there is apparently a demo environment if you could use your key to decrypt the demo data the proof is already sufficient while not exposing someone else's environment and data.

                                      ObsolesceO scottalanmillerS 2 Replies Last reply Reply Quote 0
                                      • ObsolesceO
                                        Obsolesce @DustinB3403
                                        last edited by

                                        @DustinB3403 said in Is It Really Encrypted When the Key Is Public and Automatic?:

                                        @Obsolesce said in Is It Really Encrypted When the Key Is Public and Automatic?:

                                        @scottalanmiller said in Is It Really Encrypted When the Key Is Public and Automatic?:

                                        @Dashrender said in Is It Really Encrypted When the Key Is Public and Automatic?:

                                        so run it from there - what are the legal liabilities?

                                        Can't. Key is required to be with the data for the app to run. It's inside the app, can't he separated.

                                        Have you successfully been able to use it to decrypt other people's data?

                                        I don't know if that would be ethical to do specifically. But since there is apparently a demo environment if you could use your key to decrypt the demo data the proof is already sufficient while not exposing someone else's environment and data.

                                        Is that what he did?

                                        DustinB3403D scottalanmillerS 2 Replies Last reply Reply Quote 0
                                        • DustinB3403D
                                          DustinB3403 @Obsolesce
                                          last edited by

                                          @Obsolesce said in Is It Really Encrypted When the Key Is Public and Automatic?:

                                          @DustinB3403 said in Is It Really Encrypted When the Key Is Public and Automatic?:

                                          @Obsolesce said in Is It Really Encrypted When the Key Is Public and Automatic?:

                                          @scottalanmiller said in Is It Really Encrypted When the Key Is Public and Automatic?:

                                          @Dashrender said in Is It Really Encrypted When the Key Is Public and Automatic?:

                                          so run it from there - what are the legal liabilities?

                                          Can't. Key is required to be with the data for the app to run. It's inside the app, can't he separated.

                                          Have you successfully been able to use it to decrypt other people's data?

                                          I don't know if that would be ethical to do specifically. But since there is apparently a demo environment if you could use your key to decrypt the demo data the proof is already sufficient while not exposing someone else's environment and data.

                                          Is that what he did?

                                          I think he mentioned it in or near the OP, yes.

                                          1 Reply Last reply Reply Quote 0
                                          • scottalanmillerS
                                            scottalanmiller @Obsolesce
                                            last edited by

                                            @Obsolesce said in Is It Really Encrypted When the Key Is Public and Automatic?:

                                            @scottalanmiller said in Is It Really Encrypted When the Key Is Public and Automatic?:

                                            @Dashrender said in Is It Really Encrypted When the Key Is Public and Automatic?:

                                            so run it from there - what are the legal liabilities?

                                            Can't. Key is required to be with the data for the app to run. It's inside the app, can't he separated.

                                            Have you successfully been able to use it to decrypt other people's data?

                                            Yes, that's how we found it. Someone sent us their data asking us to decrypt it. Which we did so, without getting a key from them.

                                            travisdh1T 1 Reply Last reply Reply Quote 0
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