Richard M. Smith
09/04/04, 19:55
Would this new French law apply to an American (or other foreigner) who
travels to France for business or on a vacation if this person has published
exploit code on a Web site?
Richard
Amer Karim
10/04/04, 20:05
Sorry mate - you're confusing English common law and the Napoleonic
Code. Under the former, a person is presumed innocent until proven
guilty, placing the burden of proof on the accuser.
Under the latter, a person is presumed guilty until proven otherwise,
and implicitly places the burden of proof on the accused.
Many modern judicial systems nowadays have the presumption of innocence
written into their legal code, but in those countries (mainly former
French colonies) which base their legal code on the Napoleonic form, the
tradition of presumed guilt still takes precedence. And under the
European Union code, it the Napoleonic Code which is followed, as
opposed to English common law. (In fact, there is concern right now in
the UK as to what this means for their legal code and the UK civil
rights code.)
Also, I believe you may be confusing the Declaration of the Rights of
Man with the Napoleonic Code. These are two separate documents, the
former an ideological outcome of the French Revolution and published in
1789, and the latter a unified codification of French law initiated and
completed under Napoleon's rule and published in 1804.
(enough said on this particular sidetrack)
-- and now, back to your regular scheduled programming=20
Regards,
Amer Karim
Nautilis Information Systems
e-mail: amerk@nautilis-sys.com
=20
=20
-----Original Message-----
From: Romain Francoise [mailto:romain@orebokech.com]=20
Sent: April 9, 2004 1:15 PM
To: Chris Johnson
Cc: bugtraq@securityfocus.com
Subject: Re: Full-Disclosure is now ILLEGAL in France ! (Vulnerabilties,
Technical details, Exploits ...)
Chris Johnson <johnson@nmr.mgh.harvard.edu> writes:
> The assumption of guilt before innocense is a part of French law and
> has been since Napoleonic times I believe.
Er... hello? France, the country of the Declaration of the Rights of
Man and of the Citizen?
You're wrong, presumption of innocence is the rule in all democracies,
and in particular in France. Get your facts straight before posting
that kind of misinformation to a public mailing-list.
Reading for the week-end:
http://en.wikipedia.org/wiki/Presumption_of_innocence
http://en.wikipedia.org/wiki/Declaration_of_the_Rights_of_Man_and_of_the
_Citizen
http://en.wikipedia.org/wiki/Democracy
--=20
Romain Francoise <romain@orebokech.com> | I've become someone else's
it's a miracle -- http://orebokech.com/ | nightmare...