Re: Bugfinder Being Indicted As Criminal ("Counterfeiter") in France

[K-OTiK Security <Special-Alerts@xxxxxxxxxx>]

In-Reply-To: <20040403225951.GA3424@xxxxxxxxxx>


>From: Renaud Deraison <deraison@xxxxxxxxxx>
>Subject: Re: Bugfinder Being Indicted As Criminal ("Counterfeiter") in France
>
>This article now reads (roughly translated) :
>
>"Art. 323-3-1. - The fact of offering, of yielding or of placing at the
>disposal a data-processing program conceived to commit the offences
>envisaged by articles 323-1 to 323-3 is punished sorrows planned for the
>infringement itself or the infringement most severely repressed "
>
>This article is not applicable when the offering, the yelding or
>the placing at disposal is justified by the needs of scentific or
>technical research or by the needs of the security or protection
>of communication networks or information systems"
>
>[http://www.telecom.gouv.fr/internet/projet_len.html]
>
>Of course, the "needs" in question are a purely subjective notion, 
>which means that if a french citizen publishes an exploit, 
>he must expects to argue in front of a judge why doing so was 
>needed.

The second part of the article "..is justified by the needs of scentific or 
technical research .." do not exist any more (removed during the last vote).

They just added "This article is not applicable when the offering, the yelding 
... is not intentional" (to protect hacked, or infected people).

http://www.senat.fr/leg/pjl03-144.html

Chaouki Bekrar - Security Consultant
http://www.k-otik.com