ABSTRACT
Despite the complex and conflicting relations between hackers and the law, their differences can be reconciled by building on their shared values, having a more empathetic view of and reaction to the other, and working as partners in the development of technology laws and policies. The recommended areas for law reform include: incorporating malicious intent as an essential element of computer security crimes; adopting the three-step test as a standard for determining limitations and exceptions to intellectual property rights; introducing more limitations and exceptions to anti-circumvention rules; and prohibiting contractual waivers of limitations and exceptions to intellectual property rights.
