> Similarly, if hacking is legal, every legitimate software vendor will be happy to put backdoors in their product - and use those backdoors against those too weak to fight back.
That isn't necessarily true. It is, for instance, not illegal to make shitty quality products that break down, or provide low quality services. But companies that do that develop a reputation for doing so, and are penalized for it in the market place.
That is to say, if you were to legalize cybercrime, yes, some companies would try to capitalize on that. But others would then move to fill that hole in the market place by being honest. And once their credibility and therefore future profits are predicated on that honesty, they will be highly incentivized to protect it.
This is vaguely analogous to the argument that security by obscurity is bad. If our computer networks and systems are secure due to the threat of violence of the state and not due to their inherent security, are they really secure?
Now, I think the nuance here is that sometimes this sort of argument is correct and sometimes it is not. When two forms of safety compete, they crowd each other out.
- When the state prevents murder, people don't have to.
- When the state prevents cybercrime, vendors don't have to.
- When your security procedures are secret, they're harder to exploit (until they become known).
Sometimes the tradeoffs involved are good, and sometimes they are bad. In the cases of the two cited instances on the ends, which is which is pretty clear. But #2 pretty clearly falls somewhere in the middle. Why that is true can be seen by analyzing the likely components of that value equation:
- How good is the state at preventing thing X?
- What would the cost of that burden be on the private sector?
In the case of murder, the state is pretty good at preventing it - not nearly as much in the case of cybercrime. The cost of everyone protecting themselves from murder at all times would be astronomical, as there is no scalable way to do that. The cost of software security on the other hand, is not nearly as high.
So, while it likely still ends up to be a bad idea on balance, I think there is an interesting case to be made in that direction, at least as a thought experiment.