His latest editorial over at [link|http://www.byte.com/documents/s=857/byt20010816s0003/0820_pournelle.html|Byte] discusses the case of the Russian programmer arrested at the instigation Adobe for creating the decryption tool that allows "fair use" of purchased eBook content.
Some selected quotes-
[quote]
Sklyarov is unlikely to be convicted if this case ever comes to trial. In addition to heavy-duty Constitutional issues, there are a number of practical legal matters. Take, for example, the issue of "effectiveness." Suppose, for example, that Congress makes it a Federal crime to pick a lock. You now "secure" your cabinet with a paper clip. If I remove your paper clip, can you accuse me of picking your lock? The DMCA covers only "effective" protection; if your software can be broken by a single programmer in Russia, how was it "effective?"
snip
Sklyarov is free on bail, but forbidden to leave Northern California. I predict that if the case ever comes to trial the law will be thrown out, either on Constitutional grounds or on the narrower principle that it is too hopelessly vague to be enforceable. If the matter is ever put to a grownup in the Department of Justice, the only question will be "How do we get out of this with a minimum of egg on our faces?"
It's worse for Adobe. Brad Templeton, Chairman of the Electronic Frontier Foundation, suggested to Adobe (once he found a grownup to talk to) that not only ought they withdraw from the case (they did that) but also offer to pay for Sklyarov's defense. That would show they had learned a lesson. Of course they declined to do that. I'm willing to bet they will one day wish they had.
At a minimum, Adobe has made sworn enemies of a number of people I certainly would not want to have as my enemies. Many very clever people will now be devoted to the principle that Adobe will never, ever, have an unbroken encryption scheme: . . .
[endquote]
He then rambles on about his seemingly endless troubles with highspeed internet access-- dull, I won't bore you with details. Next comes a write up on virus outbreaks concentrating on the most recent stuff.
[quote]
July was the month of the virus and worm. First came Code Red, which only affected servers, and was so badly written that it was killed off by a simple address change on the whitehouse.gov server. That was a warning. Code Red phase II, which wasn't really related to the first one except for a similarity in names, was much worse and, as I write this, still eats a lot of time and resources.
Both of these affected Microsoft IIS servers, and the patch for fixing the security hole in those servers, had been out for a month. Any IIS Administrator who hadn't bothered to download and apply that patch and reset the server \ufffd it took all of five minutes at the slowest possible hookup speed \ufffd deserves an exciting new career in concrete breaking. I have no sympathy for worm farmers, but I have even less for "professionals" who can't be bothered to do what they are paid for . . .
[endquote]
I suppose it never occured to him that IIS is not necessarily under the control of an administrator or, for that matter, even known to be installed.