On October 12, 1998, the U.S. Congress passed the digital Millennium Copyright Act, two weeks later on October 28, 1998, President Clinton signed the Digital Millennium Copyright Act and it became part of our law.

The Act makes it a crime to circumvent anti-piracy measures built into most commercial software. It outlaws the manufacture, sale, or distribution of code-cracking devices used to illegally copy software. It permits the cracking of copyright protection devices, however, to conduct encryption research assess product interoperability, and test computer security systems. It limits Internet service providers from copyright infringement, liability for simply transmitting information over the Internet. Service providers; however, are expected to remove material form users' websites that appears to constitute copyright infringement. (The Digital Millennium copyright Act).

It is not illegal to manufacture, sell or buy surveillance equipment and lock-picking devices, so why are software 'hacking' devices illegal to create and market? Anyone in this country can purchase surveillance equipment and locksmith tools. Any of these devices could be used for criminal purposes, but they are legal to own. Surveillance cameras are used in many businesses and help identify persons suspected of committing crimes. These same devices can and are being used illegally.

So where do "software hacking devices" come into play? It is currently illegal to manufacture, sell, or otherwise distribute devices that could break the code of software which enables others to create copies of software for free. So our question is, "If other-types of "cracking" devices are legal to sell, why not software hacking devices? Why is it illegal to manufacture and sell 'hacking' software?