Re:CA assembly member introduces encryption ban disguised as...
by sathackr on Thursday January 21, 2016 @10:59PM
(#10950669)
Then the judicial system is tasked with case after case of having to discern the meaning of the law and how to interpret it legally within the confines of the state and federal constitutions.
I wish I had a dollar for every case I've reviewed where a judge had to interpret a poorly written(bad or ambiguous grammar) statute. Many of the judges got it wrong, probably intentionally in a few instances, and the decisions were later overturned, sometimes after the defendant had spent years in prison. And that's just the ones with happy endings.
Hanlon's Razor is usually a good idea, but it should only be used when all else is equal. That is not the case here, as we know there are long-term (since the first crypto wars) attempts to restrict encryption.
Whoever wrote this bill has a very good understanding of the subject matter. What you call "incoherent" is a feature in the eyes of anyone trying to restrict crypto. Poorly-specified laws provide room to selectively enforce the law or reinterpret what it means.