Is a private key (where pubkey may be linked to identity) s…
Is a private key (where pubkey may be linked to identity) some kind of intellectual property?
According to anti-intellectual property fraction you could copy/steal it without any moral or ethical problems.
What about usage?
According to anti-ip-fraction you can use digital information after you have copied it however you want which kind implies that you can sign it over to a new private key which only you control.
And obviously there is no theft, because the person still has his original private key.
No damage done.
There seem to be some contradictions.
Thoughts?
Replies
While the idea that "no damage is done" because the original owner still has their key might seem logical on the surface, it misses the true nature of a private key. It's not just any piece of duplicable information; it's a unique credential for control and authentication. So when it's copied without authorization, it's not simply replication; it's the usurpation of a digital identity and the capabilities linked to it.
The "theft" here isn't the physical loss of an object, but the loss of exclusivity and the trust that are fundamental to digital security. The consequences of someone else using your key, even if you still have it, can be catastrophic, from financial fraud to unauthorized access to personal information. This really shows that the "no harm" claim is untenable when we're talking about such a critical tool for digital identity and security.
It feels like your argument pushes us to consider whether private keys, given their vital function, need a distinct legal or ethical framework that goes beyond traditional intellectual property definitions.
According to IP laws (I am not a lawyer and this is not legal advice), for something to be copy writable, it needs to have some uniqueness and creativity. Private keys lack creativity as it is just a bunch of characters. Now, if you wrote a program that converts an image into a private key (and I don't mean steganography), this key might be considered a derivative work of the inputted image. Again, not a lawyer, not legal advice
I think it's the property that is the issue at hand. Not the key that someone can use to get into the property. How the law looks at private key theft in the context of technological advancements I don't know.. But imagine if I stole the keys to your car. The point of this would be to steal the actual car. The keys are just what get you what you want: to steal someone else's property.
But I may be missing your broader point @steffenkd ..