As has been argued on the Samizdata in previous articles, liberty is not genuinely advanced by legal maneuvers but by cultural shifts. I am all for the overturning of laws that infringe civil liberty on-line and certainly I wish well to groups like the Electronic Frontier Foundation which fights the good fight against attempts to censor the Internet and the monstrous Digital Millennium Act in the USA… but this is not an American or a British or an Australian problem. It is a global problem and the solution is a global one.
Encryption cracks, DVD decoders and all that good stuff can be made illegal in the USA but so what? If it can be found on a server in Romania or Taiwan or Indonesia, who cares what the law says in America? You want what the US called non-exportable ‘weapons grade encryption’? No problem, if you know where to look: there are several servers in Eastern Europe that offer you crypto as good as or better than what is commercially available in the USA, plus it is less likely to have a NSA or GCHQ backdoor. Much of the good stuff of that nature is written outside the USA and EU to begin with. If a server gets shut down, there will be another with the same software up and running a day or a hour later somewhere else. Peer-to-peer transfers make this an even more robust process.
Liberty is furthered by simply making unreasonable laws unworkable and this happens when enough people refuse to comply and find viable ways to circumvent them. This can take form from minor disobedience all the way up to Boston Tea Parties. Let the democratically sanctified congresses and parliaments of thieves spew out ever more regulations: if the reality is that continually evolving technical means of distributing the codes of liberty continue, then we win and they lose regardless of who wins in the courts.
Sure, they can find a few people using these unauthorized things and throw them in jail, but if a code crack for a DVD can be downloaded for free in a matter of seconds off some off-shore server and used in the privacy of your own home, the fact is 99.999% of the people who do that will go undetected regardless of the huffing and puffing of the large US media companies and the finest politicians their money can buy.
But no, do not write to Samizdata asking where to find this stuff… that is what UseNet and Search Engines are for.
