Much of the debate over the Lynn case has arisen in the context of "responsible disclosure," which asks whether Lynn should have told Cisco of the vulnerability, allowed them to fix it, and be done with it. The reports are that he did just that. But according to the terms of the lawsuit, both Cisco and ISS's legal claims against him arose long before the Black Hat conference. It was the very act of decompiling the code -- an act Lynn took on as an employee in good standing with ISS -- that apparently constituted the violation of the law, although what they sought to enjoin was the disclosure of the decompiled code.

The lawsuit alleges a somewhat convoluted legal theory of liability, and the facts spelled out are particularly turbid. Essentially, Cisco and ISS's claim is as follows: Lynn worked for ISS under a standard "non-disclosure" agreement. His employer ISS presumably bought a Cisco router, which came with software subject to an End User License Agreement (EULA). The EULA stated that the licensee (ISS) specifically agreed not to, "reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Software to human-readable form, except to the extent expressly permitted under applicable law," or to, "disclose... trade secrets contained in the Software or documentation in any form to any third party..."

Cisco's theory, then, was that by decompiling the source code to find the vulnerability, Lynn (and presumably his employer, ISS) violated the terms of the EULA -- a contract. This contract violation then meant that the license to acquire or use the software was violated, and Lynn was using a copyrighted work (the software) without the consent of the copyright holder -- thus a copyright violation -- which gets Cisco into federal court rather than state court. When Lynn and Black Hat sought to publish the bits of source code in the presentation, they were alleged to be distributing the code in violation of the EULA and copyright law, and also violating Cisco's right to protect its trade secrets. Finally, Lynn was alleged to have violated the terms of his ISS non-disclosure agreement by disclosing information at the conference that he learned "in secret" from ISS under the NDA -- presumably information that ISS obtained by unlawful reverse engineering!

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