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920	5360	Welcome, welcome everybody to a very unusual DEF CON.
5360	8620	Lots of things are different, lots of things are staying the same,
8620	13740	including, as always, the open organization of Lockpickers, Lockpick Village.
13740	15460	We're so glad you're here.
15500	20740	We hope that you can learn some things, have some fun, walk out more fired up
20740	23480	about hacking and lockpicking than you arrived.
23580	28300	My particular part of this today is law school for lockpickers.
28300	30060	What even is that?
30140	34760	Well, by way of background, I'm Preston Thomas, a former board member of TOOL.
34760	38460	I'm a licensed attorney barred in the District of Columbia and in California,
38460	42480	which is, importantly, different than barred from D.C. and California.
42580	45200	I've done this talk before, including at DEF CON,
45200	48520	but 2020 has brought this topic into a new light.
48520	52420	Security research of all kinds, from hacking, reverse engineering,
52420	55800	social engineering, lockpicking, these all rely on civil liberties
55800	58240	of an open society with rule of law.
58240	61740	Hacking is, by nature, subversive. Lockpicking is no different.
61740	66160	So, like journalists and priests and security researchers,
66160	70060	our job is to comfort the afflicted and afflict the comfortable.
70440	72680	We can do things many people don't understand.
72680	75660	For certain types of people, encountering something they don't understand
75660	80080	makes them nervous, irrational, maybe even angry.
80680	83360	I should note, I've worked with TOOL for almost ten years
83360	87180	and been a lawyer for longer, and when people get nervous,
87180	89860	irrational, or angry about lockpicking topics,
89860	92940	it often ends up on my plate. Falls to me to explain.
92960	96700	I've had this particular conversation hundreds of times.
96700	101080	So, this talk today, it isn't for you. It's for me.
101080	105040	I want to recruit all of you into my crusade to push back
105040	110440	on the tide of bullshit about laws and lockpicking and how the two interact.
110440	114220	I'm tired. I want to be done talking about this,
114220	118120	but people won't let me. Help me. Please.
118540	119880	Let's do this.
121400	124260	To begin with, I am a lawyer.
124260	126640	I am not, however, your lawyer.
127200	131380	This is so, so not legal advice. The only advice I'm going to give you today is
131380	134060	don't get your legal advice from a guy at a con.
134060	138720	Also, my opinions are my own. They don't represent TOOL or anyone I work for.
138720	142420	Standard disclaimer. Law & Order was a great show because
142420	146840	half was the cops and half was the lawyers. For the law part,
146840	150940	you can just Google what the laws are in a specific jurisdiction or how to talk
150940	154060	to a law enforcement officer. There's great stuff on YouTube about that.
154060	158060	This is not that talk. This talk is more the second part,
158060	162760	the order part, about why lockpicking laws are the way they are.
162880	166700	And what it means for you as a practitioner dealing with
166700	171140	lots of non-practitioners. Everyone has legal theories
171140	174240	about lots of parts of daily life, not just lockpicking.
174240	177920	Most of them are workable. Some of them are nonsensical.
177920	181760	Some of them are absolutely bananas. And where do loopy legal theories
181760	185660	tend to come from? Armchair lawyers.
185680	189680	Armchair lawyers everywhere with their good old University of Wikipedia
189680	194080	law degree. And their specialty area is something I like to call
194080	198420	folk law. These are guys' ideas about law that everyone seems to know,
198420	201380	but no one really seems to know where they came from. This is,
201380	204920	I want my one phone call, or if you ask someone if they're a cop,
204920	207780	they have to tell you, or I don't have to pay income taxes
207780	210500	because I live in the free state of Jefferson.
211820	215480	Because of folk law and all the people opining about it
215480	218920	and spouting off about it, Googling about lockpicking laws on the Internet
218920	221900	is worse than Googling about that weird rash.
221900	225580	So let's get real. Today, let's do this
225580	229860	law school style. We're going to be concrete, specific,
229860	232320	and clear in how we use words.
233380	235880	Let's start off this law school for lockpickers
235880	239720	by building a law. Let's build a criminal statute called
239720	243420	the Possession of Burglary Tools, because that's almost always what we're talking about
243420	245780	when we're talking about the legality of lockpicks.
245900	250060	Criminal laws are constructed of elements. These elements are what need to be proven
250060	254640	beyond a reasonable doubt before someone can be legally found guilty of a crime.
254640	258320	In the case of a burglary tool statute, there's usually two elements.
258540	262520	Possession is physically having a tool or device, including lockpicks,
262520	266240	and intent means criminal mindset, i.e., you intend
266240	269460	to do something that is against the law. You can call this formula
269460	272200	Possession plus Intent.
272840	276620	Now, intent is difficult to get at. It's in your head.
277040	279240	It's not something the court has access to.
279240	282840	So, typically in a court of law, it's shown through circumstances.
282840	286920	In other words, part of the district attorney's job is to show circumstances
286920	290640	that make it beyond a reasonable doubt that a person had crime in mind
290640	293000	at the time they possessed lockpicks.
293000	297160	No circumstances, no intent, no intent, no crime.
297380	300220	In most states, it's as simple as that.
300220	304320	Mere possession of lockpicks without any circumstances indicating unlawful intent,
304880	306260	not a crime.
307800	311580	You look across, you can see that is the vast majority of states.
311580	315100	We colored them green just because it's nice, it's soothing,
315100	317040	it sends the right message across.
317320	320900	But what about those shadowy places you say in your best
320900	324420	Jonathan Taylor Thomas 1994 Simba voice?
325320	328760	Remember how I said intent was really hard to get at?
328760	330860	The court can't know it's in someone's mind.
330860	334540	So, who better to provide evidence about the state of someone's mind
334540	336680	than the person themselves?
336760	340740	That is the thinking behind that minority of states that just throw up their hands
340740	343540	and say, you tell me.
343840	347980	I'm looking at you, Virginia, Ohio, Mississippi, Nevada.
348160	349660	Laws change over time,
349660	352940	but they pretty much solidify down to these four
352940	356260	as having the possession plus intent formulation.
356800	358600	So, these states, they write their burglary tools
358600	362220	so that possession of lockpicks is prima facie
362220	364500	evidence of intent to commit a crime.
364500	366380	We'll talk about prima facie here in a second.
366620	368740	Here's an example from the Code of Virginia.
369240	371360	For those of you who like to follow along,
371360	374060	this is Criminal Code 18.2-94.
374140	378160	The possession of such burglary as tools, implements, or outfit by any person
378160	381380	other than a licensed dealer shall be prima facie evidence
381380	384940	of an intent to commit burglary, robbery, or larceny.
386280	389080	So, let's talk about that prima facie word.
389080	393080	It's not law school without some Latin. Let's dive into it.
393080	395320	Prima facie, Latin, literally means
395320	399080	on first face, or on first impression, you can figure.
399880	401980	In plain English, that means
401980	404580	if I didn't know better,
404580	406840	I'd say something.
406840	409120	I'd say you're up to no good.
409680	412080	Turning that back into legal language,
412080	415380	that's referred to as a rebuttable presumption. It's a presumption
415380	418600	because it starts off set to true. Default value, true.
418600	422080	It's rebuttable because that default value can be changed.
422400	424440	Which means the ball
424440	428020	is in your court. Or, in more colloquial terms,
428020	430540	prima facie means splainer.
430540	433380	And I put this gif up there and I'm increasingly surprised
433380	436550	how few people know what it's from. If you don't recognize this gif,
437820	439360	congratulations on your
439360	441900	high school graduation, I guess.
443240	446860	Okay, so people will often say,
446860	449680	but I have a presumption of innocence,
449680	452440	but my Constitution, I've got rights.
452440	455580	And you're right, you do have rights, at least for the time being.
456340	458020	But the presumption of innocence
458020	461060	is not one of the rights that's guaranteed in the Constitution.
461060	464540	You can read it, it's not that long. You should read it, it's worth the read.
464680	466960	And one of the things you'll notice, there's no
466960	469540	presumption of innocence mentioned in the Constitution.
469540	474060	It flows indirectly from the 5th, 6th, and 14th Amendments.
474060	476700	Coffin v. United States is one of the first cases you study
476700	479540	in law school. And that shows how, even though
479540	482340	it's not actually in the text, it was discovered
482340	485600	as a necessary implication of the rights guaranteed
485600	487960	explicitly in the 5th, 6th, and 14th Amendments.
487960	491920	More importantly, though, this formulation of burglary law
491920	494340	just won't be challenged in court because
494340	497820	it's too much of an edge case to ever make it to trial.
497820	500940	There's two things DAs hate. They hate crime and they
500940	503600	hate losing cases. And because
504740	507900	this formulation, even if it
507900	510380	is arguably unconstitutional or might be,
510380	513180	it'll never get tested because if it's such
513180	516880	an edge case that you might be able to make a constitutional argument,
516880	519420	the DA will shrug his hands and throw it out.
519420	522020	He doesn't want to go down that route. That's not what his job is.
522020	523660	He's got much bigger fish to fry.
523660	526940	So, these kinds of problems
527500	529720	where the law is a little
529720	532740	unclear and common sense doesn't seem to quite
532740	536080	match up with the way the law is written, that's why humans are in the loop.
536080	539020	There's district attorneys with prosecutorial discretion,
539020	542000	there's judges sitting over each trial,
542000	544140	they're specifically there to handle exceptions
544660	547720	where the law as written doesn't quite match up
547720	550520	with the facts on the ground. So,
550520	553580	even if you might be able to have a constitutional problem with this
553580	556820	formulation, know that it will probably never come to trial
556820	559740	because no one's going to care enough about a fact pattern like that
559740	561480	to actually push it.
563000	565700	Now, there's kind of a sense
565700	568480	of boo-hit about
568480	571320	these states that have possession
571320	573700	implies intent formulation.
575700	577460	And a lot of people think, oh, they're
577460	580540	just wrong or they're nonsensical or they're anti-hacker,
580540	583800	anti-lockpicker. But, if you look at actually
583800	586940	what they're thinking is, it begins to make a little bit more sense
586940	589460	and you have more sympathy for them. So, I decided
589460	592360	let's look at some of them. First of all,
592360	595340	I didn't know what the Nevada flag looked like. I had to look that up
595340	598440	just for this presentation. Here's what Nevada
598440	599500	decided.
601260	604640	They said in a case, 1965,
605720	608120	they said it is consistent
608120	611140	with all the constitutional protections of accused men
611140	614320	to throw on them the burden of proving facts
614320	617320	particularly within their knowledge and hidden
617320	619100	from discovery by the government.
619440	622600	This is an illustrative example of the kind of reasoning
622600	626020	that motivates possession implies intent state.
626400	629700	You don't have to agree with it, but you can see what their thinking is.
629700	632000	If we're having trial
632000	634720	and the goal of the trial is to find out what the truth is
634720	637760	and whether someone is guilty and that person has information
637760	641080	they say is relevant to the case, they should be able to provide it.
641080	644960	If they have it, then the least they can do is show it to the court.
645460	646640	It kind of makes sense.
646640	649720	It's very simple. Maybe it makes some of our
649720	652200	civil liberties impulses a little squeamish,
652200	656220	but it's not unreasonable. Especially when you consider
656220	658760	the one we collectively like a little bit better
658760	662020	which is the possession plus intent formulation
662020	664760	the more liberal version.
665780	668560	So why shouldn't we imply intent?
668560	670740	And here's an example from the District
670740	673540	of Columbia that shows the kind of reasoning involved
673540	676840	in arriving at the idea that possession plus intent should be
676840	679780	the proper formulation. And what they say is
679780	681780	and this is great
683440	685640	close parsing by the judge
687460	691040	although the sledgehammer, axe and hacksaw
691040	694040	which the appellant had quite clearly can be used criminally
694040	697200	they also may and for the most part are
697200	699600	used for legitimate purposes.
699600	702100	Since the mere fact of possession of such implements
702100	705580	has no relevance to guilt, it may not be made
705580	708640	the occasion of casting on the defendant the obligation
708640	711520	of exculpation. In other words,
711520	714880	unless what you're carrying are literally drugs or something else
714880	717120	that's similarly illegal just for existing
717120	720560	then the cops have to introduce additional facts to overcome
720560	724040	the statistical likelihood that you intend to use them
724040	726260	for a legal purpose.
726700	730220	Most people carrying axes, sledgehammers
730220	732620	hacks, hammers, etc.
732620	735780	are using for legal purposes. So why
735780	738800	in this case would we infer that they're using it for
738800	741920	anything other than legal purpose? When you walk through it
741920	744860	like that, it's kind of tortured logic. You have to
744860	748100	suddenly appreciate the people who say, hey, you know what
748660	750960	it's probably what it looks like unless you tell us
750960	753840	otherwise. I have a lot, after doing the research for this, I have a lot
753840	756860	more sympathy for the jurisdictions that decide to throw
756860	759300	up their hands and say, you tell us.
759920	762740	I know some of you in the back are saying, hey, aren't there
762740	765920	different types of intent under the law? Yes,
765920	768700	but that's not relevant here. Any intent will do
768700	770320	for this particular formulation.
771540	774880	Now, this kind of close parsing and close analysis
774880	777900	of the way laws are written and what's the meaning behind
777900	780660	them leads to some really funny
780660	783640	outcomes, including my favorite lockpicking case. It turns out
783640	786560	I have a favorite lockpicking case. We are once again back
786560	789640	in the District of Columbia. This is a D.C. appeals court, still
789640	792580	relatively recently, from 2014. In re
792580	795560	J.W. means there was a minor involved. So some kid
795560	798600	under 18 got nicked by the cops. Funny
798600	802040	circumstances. Here's what happened. J.W.
802040	804900	was arrested red-handed trying to steal a
804900	808660	Vespa with a pair of bolt cutters. He was charged
808660	811020	with possession of implements of a crime, which is the usual statute
811020	814500	that applies to lockpicking. Both elements are satisfied,
814500	817780	no question. He's sitting there, middle of the night,
817780	820880	by the Vespa, bolt cutters in hand,
820880	822760	definition of caught red-handed. Absolutely possession,
822760	825820	absolutely intent. However,
825820	828580	there's an inartful drafting of the statute because the statute
828580	831640	specified, doesn't usually specify, but in this case it does,
831640	834960	it specified tools for picking locks.
835740	837520	A meticulous appeals court
837520	840500	judge observed that picking a lock is
840500	843920	generally understood to require skill rather than brute force
843920	846740	and to turn the lock without damage
846740	849320	to the lock. He literally went and looked up the definition of
849320	852800	picking a lock in the dictionary and came back
852800	855840	with that and entered it in the record. As a result
855840	858840	of reading the statute across from the
858840	861580	definitions, it was, the judge
861580	864980	concluded, not physically possible to pick
865360	867820	a lock with bolt cutters, nor is it legally
867820	871020	possible to convict J.W. under the statute as
871020	873920	written, because try as you might,
873920	876780	those big old bolt cutters will not fit into the lock and
876780	879160	turn it in a non-damaging fashion.
880080	882180	Conclusion, no
882880	885740	possession of tools designed for picking locks
886260	888840	and J.W. goes free and anyone
888840	891860	who complains about that gets to go back and write the statute a little bit more
891860	894800	carefully. I think that is a great example
894800	898080	of a judge carefully parsing the statute, holding the state
898080	900880	to what they said they wanted, and then telling them if you want
900880	903480	something different, you have to be a little bit more careful.
903480	906580	Another thing I like about this is this means that we have it
906580	909600	on record that all those savages and reprobates
909600	912540	at conferences who destroy the locks
912540	915280	and tie the lock picks into pretzels are not
915280	918360	legally speaking, picking locks.
920500	921260	So,
921260	924700	here's the part that I think a lot of people show up for.
924740	927560	The A number one absolute main area of
927560	930480	shouting and nonsense regarding locks and lock picking
930480	933220	is speculation on breaking the link between
933220	936860	possession and intent. So, let's talk about it.
936860	939860	This is in those states where possession
939860	943340	implies intent. Those minority of states.
944080	946000	Well, what can we do to protect ourselves?
946020	948840	There's a thought that these are the places where lock
948840	951440	picks are illegal and we have to be on our guard and we have to have
951440	954700	an answer ready. So, what do we do
954700	957500	about it? And something that often comes up is
957500	960740	have a card. Have some kind of self-made
960740	963680	card or a more professional card. Poof.
963680	966860	Problem solved. This is that fantasy of holding it up
966860	970360	to the officer and saying, don't worry, officer. I have a permit for this.
971780	972740	That couldn't
972740	975940	be further from the truth. There is no such thing as a
975940	978640	get-out-of-jail-free card because
979720	982240	they're absolutely allowed to have that conversation
982240	985080	with you. And by the time you're having that conversation, it is
985080	988060	not in your interest to try to avoid that conversation.
988860	991300	Instead, I want you to think of
991300	994420	if you're having a conversation about lock
994420	997660	picks with a cop, you now
997660	1000400	is in your interest to engage
1000400	1003440	in and expand in and own that conversation rather
1003440	1006000	than trying to flash some kind of card and
1006000	1009380	avoid it. The tool membership card, which is
1009380	1012380	forthcoming, contains a few carefully
1012380	1015580	crafted paragraphs to help you achieve a productive tone
1015580	1018460	in that conversation. Essentially,
1018460	1021600	as it acts as a conversation starter. It's a way
1021600	1024440	to help you have the conversation effectively rather
1024440	1027080	than avoid the conversation.
1028580	1030120	It explains that
1030120	1033080	tool is an organization that exists, that recreational
1033720	1036520	locksport is a thing that exists, that the holder of the
1036520	1039700	card is a member of tool, and it gives a gloss
1039700	1043020	on the general state of overall laws.
1043340	1045870	It doesn't overplay its hand. It basically
1046940	1049160	digs down to the idea that what we
1049160	1051840	teach and what we do at tool is legal
1051840	1054900	everywhere in the United States by definition because
1055400	1058100	locksporters and researchers have a legitimate use for their
1058100	1060980	picks. And they follow the two rules, the two rules
1060980	1063980	which are quite famously in tool. Don't pick a lock that you
1063980	1066800	don't own. Don't pick a lock upon which you rely. If you're following
1066800	1069880	those rules, then you don't fall afoul of either
1069880	1072440	formulation of the state law, no matter where you are.
1073200	1075940	So that helps
1075940	1079020	set the right tone. If you're a conscientious locksport
1079020	1082100	practitioner, you know, don't hide them.
1082100	1085040	Don't lie about why you have them. Essentially, don't act guilty
1085040	1087740	if you aren't guilty. People sometimes come
1087740	1090940	to me and say, Preston, that's all well and good, but
1090940	1093960	what if I'm doing this or that or the other thing? What about
1093960	1097120	this circumstance? And what I always tell them is
1097120	1100440	if what you're doing is a crime, then you are literally
1100440	1103520	doing what the crime of possession of burglary
1103520	1106140	tools says, and you have no basis to complain.
1106920	1109140	If, on the other hand, you are not
1109140	1111940	and you're practicing good locksport ethics and you're following
1111940	1115040	tools' rules, then you can be
1115040	1117780	safe in knowing that what you are doing is legal
1117780	1121100	in every state in the union and you have a card to
1121100	1124180	help explain that concept to anyone who's asking.
1125060	1127520	Now, we are very serious about
1127520	1130760	keeping our members and our friends on the right side of the law.
1130840	1133520	Nonetheless, and I want to emphasize, this is not
1133520	1136640	legal advice. This is just wisdom that any person in the society
1136640	1139740	should know. Let me give you a rule of thumb.
1139740	1142440	Call it the one crime at a time rule. If you
1142440	1145520	choose to break the law, don't break the law while you're
1145520	1148280	breaking the law. Don't accidentally turn a legitimate hobby into
1148280	1151640	an indictable offense by carrying lockpicks along on a time
1151640	1153640	when you shouldn't have them.
1154180	1157060	In the words of legal philosopher William Smith
1157060	1160940	in the matter of Earth vs. Giant Bug, 1997,
1160940	1164200	don't start nothing won't be nothing.
1164240	1166580	I have heard from many police
1166580	1169060	officers in many different jurisdictions.
1169060	1172180	I've asked them. I have been on public transit sitting there
1172180	1174560	picking on my practice locks and
1175940	1179320	I said, hey guys, I'm sitting here picking locks.
1179780	1182540	I'm pretty sure that's acceptable. Do you have any problem with it?
1182540	1185740	And they say, planning on picking locks on the train? Are you planning
1185740	1188880	on picking locks on the airplane? They don't care.
1188900	1191740	They have actual crimes to worry about. If you're sitting there as a
1191740	1195620	law-abiding citizen doing something that's not bothering anybody,
1195620	1199540	it's not worth their time.
1199540	1202280	So don't be nervous about it
1203640	1204480	and don't worry about
1204480	1206760	ignorance of the law becoming a problem for you
1206760	1209540	because you're willing to have that conversation.
1210280	1213400	Another area that people oftentimes ask about
1213400	1216640	is federal law, particularly
1216640	1217880	TSA.
1218860	1222540	DEFCON is one of the most common sources of that question
1222540	1225160	because people say, well, I just bought lockpicks
1225160	1227060	but now I can't take them on an airplane.
1230620	1231620	Well,
1231620	1233400	it's not a factor.
1233400	1234480	It is literally
1235580	1239860	not a factor
1239860	1242320	because TSA has a set of things that they're looking for
1242320	1244820	and a set of things that are not on their list.
1245320	1248420	Because a lockpicking tool is a non-sharp tool
1248420	1251480	less than 7 inches, it's carry-on approved.
1251480	1255660	It's simply not disallowed, which means it's allowed.
1256140	1258600	And don't say this to TSA if you're having that conversation
1258600	1261840	but the locks on the cockpit doors are not even pin tumbler locks
1262560	1266220	so all the more reason for it not to be on their list.
1267320	1268760	After years and years
1268760	1271820	of asking them, we've got a Twitter conversation
1271820	1273140	from a bunch of different people here
1274800	1276600	they finally, their agents
1276600	1279600	finally added lockpicks
1280560	1281760	explicitly to their
1282440	1285680	can I bring my self-service site on the website.
1287160	1289340	So if this is a concern for you
1289340	1291060	and you'd like a little extra backup
1291640	1294360	then feel free, go on the website, take a screenshot
1294360	1296700	print it out, throw it in your lockpick kit.
1297140	1300560	I've done it, I know a lot of friends of mine in tool have done it
1300560	1303500	we carried around our lockpick kit for years and years
1303500	1307360	until it got ratty and torn up, then we threw it away and we never used it.
1307460	1309860	Once again, because TSA agents
1309860	1311660	just don't care. But remember
1312420	1314200	like anything that you want to carry on a plane
1314200	1317600	the TSA agent gets the last call. So be polite
1317600	1319640	be friendly, be patient with them
1320640	1323740	whether you're doing an opt-out or bringing something unusual
1323740	1326840	through carry-on, just make sure you have enough time to have the discussion
1326840	1329880	without being rushed or being flustered. Yes, I like
1329880	1332600	opting out, there's good ethical reasons to it
1332600	1335720	even though sometimes it's a pain in the butt. If I'm in a hurry, I don't want to
1335720	1337780	miss my flight, yeah, I'll go through the scanner
1339700	1340960	carrying lockpicks is likewise
1340960	1343420	if I'm really in a hurry, I'll just check them
1343420	1346400	but for the most part, I like carrying them on A, because I know where they are
1346400	1348500	because they're valuable and make sure they don't get broken
1348500	1352180	but also to make sure that I'm practicing what I preach and telling people
1352180	1355700	yes, it's not a problem and on the rare occasion I have those conversations
1355700	1358920	then I can make it that much easier for the next person coming behind me
1358920	1361900	that's bringing lockpicks. One of the best
1361900	1364580	pieces of advice I get when I got in law school
1364580	1367040	when you're having conversations like this is
1367580	1370480	always try to seem like the most reasonable person in the room
1370480	1373760	seem like the most reasonable person in the room
1373760	1376860	if you seem like you're prepared for the conversation, if it's not a surprise
1376860	1379620	for you, then that
1379620	1382400	really helps them be that much more calm about it
1384780	1385800	As a last resort
1385800	1388820	many airports will give you the option to mail something home rather than
1388820	1391780	trashing it. Another great option if you've got time to take
1391780	1393080	advantage of it.
1394160	1397300	Here's what I do when I'm taking my lockpicks
1397300	1400800	through an airport. This is my bin on the inside
1400800	1403280	of security at San Francisco
1403780	1405720	note the gigantic bag of lockpicks
1405720	1409500	including the fuzzy handcuffs right on top just in case anyone wants to
1409500	1412000	get curious. That's all totally legal
1412000	1415960	as are the Bogotas in my wallet which is there on the right
1415960	1417360	no one ever notices that
1418360	1420800	Ironically, the illegal thing in the picture
1421240	1423080	is that little bottle of crack and rum
1423080	1426160	I totally did not know that you're not allowed to bring little bottles
1426160	1429420	through security or under the airplane. You're not allowed to provide your own booze
1429420	1432580	So yes, there is something illegal going on in that picture. No, it's not the
1432580	1435580	lockpicks. Yes, it is the booze. A note on having fun with
1435580	1438820	TSA. I like putting the handcuffs on top
1438820	1441680	because if they're going to open up the bag
1441680	1444460	I like to put a smile on their face. It gives them the problem
1444460	1447680	of do they dig around the handcuffs? Are they allowed
1447680	1450540	to pick the handcuffs up? This is a dildo
1450540	1453460	versus your dildo territory. So
1454220	1456400	as long as they're going to have the conversation, there's no reason
1456400	1458920	we can't make it a little bit fun. And before you ask
1459460	1461140	yes, handcuffs are also legal
1461140	1465580	are also permitted in carry-on. Lots of good reasons for that including
1466100	1468380	security officers and police officers that always travel
1468380	1471340	with handcuffs. A few years ago
1471440	1473640	a lady Gaga brought her own fuzzy handcuffs
1473640	1476620	and there was a bit of a hullabaloo about it. But
1476620	1479580	they were of course allowed on. So
1480600	1482880	fun lockpick tricks. Just
1482880	1486340	carry fuzzy handcuffs as well. It helps
1486340	1489300	set the conversation on the right mode. A comment that I
1489300	1491980	got from Max who works with
1491980	1494920	TOOL. He said always remember that
1494920	1498040	you can help the conversation along by
1498040	1500800	giving some framing. So if you see
1500800	1503980	your bag of lockpicks go through the x-ray
1503980	1507200	and the person's eyes kind of light up and they shunt it off to the
1507200	1509760	side for further inspection, wave at the guy
1510880	1513000	as you're walking over. So that's the
1513000	1515940	conversation just right. I see you've got my bag of lockpicking
1515940	1519200	equipment there. I do this, that, or the other thing.
1519200	1522080	I do locksport as a hobby. Inside you will find
1522080	1525140	the following things. You can help them get
1525140	1527320	in the right frame and there's kind of an art to
1527840	1531200	helping them arrive at their own conclusions rather than dictating to them
1531200	1533960	in a way that might make them suspicious.
1534420	1537300	Don't avoid the conversation. Welcome the chance to practice
1537300	1540520	the conversation. It's almost always no big deal
1540520	1543920	because again, it's a non-sharp tool less than 7 inches.
1545200	1546320	We will pass
1546320	1549280	handcuffs and we will go to the rest of the world
1549280	1551940	and people often ask me now
1551940	1555320	that I've talked about the United States, what about the rest of the world?
1555320	1558280	And the answer is the rest of the world does not differ materially
1558280	1561240	from the United States for the most part.
1561400	1563200	Everywhere around the world you'll find
1563920	1567480	countries and individual jurisdictions with both formulations.
1567480	1569920	The most common formulation is possession plus intent
1569920	1573400	but there are some places that have possession implies intent.
1573480	1576500	So Commonwealth, UK, Australia, New Zealand,
1576500	1579220	Canada, they're all legal. Some of them
1579220	1582880	are possession plus intent. Some of them are possession implies intent
1582880	1585700	but none of them make it strictly illegal.
1585700	1588660	Netherlands, as we know, Tool having started in the Netherlands
1588660	1592380	perfectly legal and there's quite a robust culture there.
1592440	1594440	Israel, a little bit more tightened down.
1594440	1597720	They're definitely in the possession implies intent camp
1597720	1600180	and I'm given to understand that in China
1600180	1603600	they are fairly illegal but like many things in China
1603600	1606620	it depends on who your patron is. So yes, when Tool
1606620	1609520	goes to China we do take lockpicks with us.
1609520	1612460	We teach lockpicking there and we get it all cleared
1612460	1615240	through the proper authorities and we haven't had a problem yet.
1615820	1618640	Now there's one last thing that needs to be said
1618640	1621520	before I round this out which is 2020
1621520	1624360	is in some ways different than other years.
1624360	1627360	In some ways no different than it ever was. We're just
1627360	1630360	learning more about it now. The Black Lives Matter movement
1630360	1633360	has really drawn a lot more attention
1633360	1636400	to the interaction between young
1636400	1639140	black people, people of color, and law enforcement
1639140	1642500	and it wouldn't be right to finish this talk
1642500	1645040	without mentioning that all the advice I gave
1645040	1648360	works great if you are a
1649260	1652140	white reasonably well-educated male
1652140	1654720	lawyer. Does it work as well if
1654720	1658060	you're not some of those things? And the only answer I can tell you is
1658060	1660140	all the principles remain the same but it is
1660140	1663540	absolutely hard mode. It's no surprise
1663540	1666640	that you might have to speak
1666640	1669680	better, understand better, make yourself heard better
1669680	1672540	to get the same results and there's nothing
1672540	1675600	that I can say to make that okay in this talk or to really
1675600	1678120	give a lot of insight from a perspective other than mine
1678120	1681440	but I do want to acknowledge that the law
1681440	1683720	is the same and many of the same principles apply
1684540	1687240	but it's hard mode. So
1687240	1690620	that is the laws of lockpicking. I understand as we end
1690620	1693520	this I'll have a chance to take questions. So for anyone who has questions
1693520	1696460	about lockpicking in the U.S., around the world, who has stories they
1696460	1699640	want to tell, who has hypotheticals that they want to get insight
1699640	1702040	on, I would be happy to share them. Mostly
1702040	1705540	thank you for showing up for this conversation. Happy lockpicking.
1705540	1706720	Look forward to seeing you around.