2 Fast 2 Legal: How EFF Helped a Security Researcher During DEF CON 32

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This year, like every year, EFF sent a variety of lawyers, technologists, and activists to the summer security conferences in Las Vegas to help foster support for the security research community. While we were at DEF CON 32, security researcher Dennis Giese received a cease-and-desist letter on a Thursday afternoon for his talk scheduled just hours later for Friday morning. EFF lawyers met with Dennis almost immediately, and by Sunday, Dennis was able to give his talk. Here’s what happened, and why the fight for coders’ rights matters.

Throughout the year, we receive a number of inquiries from security researchers who seek to report vulnerabilities or present on technical exploits and want to understand the legal risks involved. Enter the EFF Coders’ Rights Project, designed to help programmers, tinkerers, and innovators who wish to responsibly explore technologies and report on those findings. Our Coders Rights lawyers counsel many of those who reach out to us on anything from mitigating legal risk in their talks, to reporting vulnerabilities they’ve found, to responding to legal threats. The number of inquiries often ramp up in the months leading to “hacker summer camp,” but we usually have at least a couple of weeks to help and advise the researcher.

In this case, however, we did our work on an extremely short schedule.

Dennis is a prolific researcher who has presented his work at conferences around the world. At DEF CON, one of the talks he planned along with a co-presenter involved digital locks, including the vendor Digilock. In the months leading up to the presentation, Dennis shared his findings with Digilock and sought to discuss potential remediations. Digilock expressed interest in these conversations, so it came as a surprise when the company sent him the cease-and-desist letter on the eve of the presentation raising a number of baseless legal claims.

Because we had lawyers on the ground at DEF CON, Dennis was able to connect with EFF soon after receiving the cease-and-desist and

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