Is there a legal paradox in this?
If tools for hacking and the actual hacking regardless of intent are made illegal then would not forensic scientists, the security services and other governmental hacking protagonists become prosecutable were they to use computer technology to forcefully access other hardware and software? And how would the law that forces a person to reveal decryption keys be interpreted? Surely that same law is tantamount to hacking: it may not entail software utilization to obtain any decryption key but the principle is the same as that of hacking; namely, to forcefully access software by circumventing protection mechanisms.
On a lighter note, in an online game, when someone hacks a virtual computer (as part of the game) would that person be prosecutable? Laws and regulations governing cyberlife need to be developed within its Cyberworld context using a totally new concept: commonsense. Only those whom have gained Cyberworld citizenship through long term experience can truly develop those Cyberworld laws and regulations. Geeks are the ruling class of Cyberworld and as such should guide governance of it.
Would America allow an Indian citizen to govern American law; would the EU allow an American to govern EU law; would any country allow a non-citizen to vote in its elections or even become an elected member of state governance? No. Why? Because only longtime members of a state can understand the workings of that state. And likewise with any other group and discipline. Computer technology is best understood by its practitioners (and five year olds); and cyberlife is best understood by those that live it often. Should a group of geeks ever declare intention to gain independence of Cyberworld from the physical world then I will support them.
Opinion
David McLeman
Tim Worstall
Chris Mellor
Popular Stories
Features