"Do Not Duplicate" - Legality of Coping a DND Key?

[godxilla]

Hello

I am looking for information regarding the legality of duplicating a key that says "Do Not Duplicate" on it.

Does anyone know of any laws (federal, state, or city) governing keys that say "Do Not Duplicate" or "Do Not Copy".

Is it illegal or is it just a code among locksmiths?

Anyone ever hear of any legal action taken against a locksmith for duplicating a DND key?

thx

[freakparade3]

It's not illegal unless it says US GOVT somewhere on it. It is unethical to dupe the key unless you know the full story. There is a reason why the key says Do not duplicate.

[WOT]

It's not illegal unless it says US GOVT somewhere on it. It is unethical to dupe the key unless you know the full story. There is a reason why the key says Do not duplicate.

Some keys, particularly Best are stamped DND by default regardless of owner choice.

USPS and some DoD keys are unlawful to duplicate at federal level.

Check your state & local ordinance about laws regarding duplicating keys to facilities belonging to or used by the state or schools.

Finally, some localities have an ordinance about duplicating DND keys.

The answer is out there quite easily. The OP should do some research on his own in my opinion.

[jpb06080]

So long as the keyway is not protected under patent, its totally legal to duplicate a key thats stamped DND.

[globallockytoo]

So long as the keyway is not protected under patent, its totally legal to duplicate a key thats stamped DND.

This is correct!


DND is one way to attempt to hoodwink people into believing their product is secure when it's not.

I will continue to duplicate keys with DND on them if I have access to the blanks......no love in business.....especially in this competitive landscape.

[MacGyver101]

So long as the keyway is not protected under patent, its totally legal to duplicate a key thats stamped DND.

A patent on a key blank protects against someone creating their own new blanks... but doesn't restrict what you do with blanks after they're made. (e.g., creating your own iPod would violate several Apple patents, but running an Apple-manufactured iPod through your table saw would not.) The manufacturer could require you to sign an restricted-use agreement before they sell you the blanks, but violating that agreement would be a civil matter (which is neither "illegal" nor a patent violation).

There are, however, numerous county, state and federal laws that govern the duplication of keys in the United States. For example:

Section 469: Any person who knowingly makes, duplicates, causes to be duplicated, or uses, or attempts to make, duplicate, cause to be duplicated, or use, or has in his possession any key to a building or other area owned, operated, or controlled by the State of California, any state agency, board, or commission, a county, city, or any public school or community college district without authorization from the person in charge of such building or area or his designated representative and with knowledge of the lack of such authorization is guilty of a misdemeanor.

Section 13-3715: Unauthorized manufacture, duplication, use or possession of key to a public building; classification

A. A person who knowingly causes to be manufactured or duplicated or who possesses or uses a key to any building or other area owned, operated or controlled by this state or any agency, board, commission, institution or political subdivision of this state without authorization from the person, or his designated representative, in charge of such building or area is guilty of a class 3 misdemeanor.

B. A person who manufactures or duplicates a key for himself or another to any building or other area owned, operated or controlled by this state or any agency, board, commission, institution or political subdivision of this state, with knowledge that he or the person requesting the manufacturing or duplication of such key does not have authorization from the person or his designated representative in charge of such building or area, is guilty of a class 3 misdemeanor.

Section 1704: Keys or locks stolen or reproduced

Whoever steals, purloins, embezzles, or obtains by false pretense any key suited to any lock adopted by the Postal Service and in use on any of the mails or bags thereof, or any key to any lock box, lock drawer, or other authorized receptacle for the deposit or delivery of mail matter; or

Whoever knowingly and unlawfully makes, forges, or counterfeits any such key, or possesses any such mail lock or key with the intent unlawfully or improperly to use, sell, or otherwise dispose of the same, or to cause the same to be unlawfully or improperly used, sold, or otherwise disposed of; or

Whoever, being engaged as a contractor or otherwise in the manufacture of any such mail lock or key, delivers any finished or unfinished lock or the interior part thereof, or key, used or designed for use by the department, to any person not duly authorized under the hand of the Postmaster General and the seal of the Postal Service, to receive the same, unless the person receiving it is the contractor for furnishing the same or engaged in the manufacture thereof in the manner authorized by the contract, or the agent of such manufacturer --

shall be fined under this title or imprisoned not more than 10 years, or both.

Section 1386: Keys and keyways used in security applications by the Department of Defense

(a) (2)(A) [Whoever] knowingly and unlawfully makes, forges, or counterfeits any key, knowing that such key has been adopted by any part of the Department of Defense, including all Department of Defense agencies, military departments, and agencies thereof, for use in protecting conventional arms, ammunition or explosives, special weapons, and classified information or classified equipment [...] shall be punished as provided in subsection (b).

(b) Whoever commits an offense under subsection (a) shall be fined under this title or imprisoned not more than 10 years, or both.

(c) As used in this section, the term "key" means any key, keyblank, or keyway adopted by any part of the Department of Defense, including all Department of Defense agencies, military departments, and agencies thereof, for use in protecting conventional arms, ammunition or explosives, special weapons, and classified information or classified equipment.

So... is it illegal to duplicate a key to your apartment that's labeled "Do Not Duplicate"? It might be, if you're living in a University residence in California, or the Arizona Department of Housing owns your building, or...

I can't point to any examples of successful enforcement... but there's certainly a confusing patchwork of laws on the books. In general, if it is your lock, then a "Do Not Duplicate" mark will not be a deterrent to duplication; if it is not your lock, then it might be illegal, depending on where you live and who the actual owner is.

[jpb06080]

Thanks Macgyver, thats very helpful. I was always under the impression that unless you have specific permission from the company, that you couldn't cut they're blanks. For instance the newer best keyways and certain high security locks. I guess not. Thanks.

[godxilla]

So long as the keyway is not protected under patent, its totally legal to duplicate a key thats stamped DND.

A patent on a key blank protects against someone creating their own new blanks... but doesn't restrict what you do with blanks after they're made. (e.g., creating your own iPod would violate several Apple patents, but running an Apple-manufactured iPod through your table saw would not.) The manufacturer could require you to sign an restricted-use agreement before they sell you the blanks, but violating that agreement would be a civil matter (which is neither "illegal" nor a patent violation).

There are, however, numerous county, state and federal laws that govern the duplication of keys in the United States. For example:

Section 469: Any person who knowingly makes, duplicates, causes to be duplicated, or uses, or attempts to make, duplicate, cause to be duplicated, or use, or has in his possession any key to a building or other area owned, operated, or controlled by the State of California, any state agency, board, or commission, a county, city, or any public school or community college district without authorization from the person in charge of such building or area or his designated representative and with knowledge of the lack of such authorization is guilty of a misdemeanor.

Section 13-3715: Unauthorized manufacture, duplication, use or possession of key to a public building; classification

A. A person who knowingly causes to be manufactured or duplicated or who possesses or uses a key to any building or other area owned, operated or controlled by this state or any agency, board, commission, institution or political subdivision of this state without authorization from the person, or his designated representative, in charge of such building or area is guilty of a class 3 misdemeanor.

B. A person who manufactures or duplicates a key for himself or another to any building or other area owned, operated or controlled by this state or any agency, board, commission, institution or political subdivision of this state, with knowledge that he or the person requesting the manufacturing or duplication of such key does not have authorization from the person or his designated representative in charge of such building or area, is guilty of a class 3 misdemeanor.

Section 1704: Keys or locks stolen or reproduced

Whoever steals, purloins, embezzles, or obtains by false pretense any key suited to any lock adopted by the Postal Service and in use on any of the mails or bags thereof, or any key to any lock box, lock drawer, or other authorized receptacle for the deposit or delivery of mail matter; or

Whoever knowingly and unlawfully makes, forges, or counterfeits any such key, or possesses any such mail lock or key with the intent unlawfully or improperly to use, sell, or otherwise dispose of the same, or to cause the same to be unlawfully or improperly used, sold, or otherwise disposed of; or

Whoever, being engaged as a contractor or otherwise in the manufacture of any such mail lock or key, delivers any finished or unfinished lock or the interior part thereof, or key, used or designed for use by the department, to any person not duly authorized under the hand of the Postmaster General and the seal of the Postal Service, to receive the same, unless the person receiving it is the contractor for furnishing the same or engaged in the manufacture thereof in the manner authorized by the contract, or the agent of such manufacturer --

shall be fined under this title or imprisoned not more than 10 years, or both.

Section 1386: Keys and keyways used in security applications by the Department of Defense

(a) (2)(A) [Whoever] knowingly and unlawfully makes, forges, or counterfeits any key, knowing that such key has been adopted by any part of the Department of Defense, including all Department of Defense agencies, military departments, and agencies thereof, for use in protecting conventional arms, ammunition or explosives, special weapons, and classified information or classified equipment [...] shall be punished as provided in subsection (b).

(b) Whoever commits an offense under subsection (a) shall be fined under this title or imprisoned not more than 10 years, or both.

(c) As used in this section, the term "key" means any key, keyblank, or keyway adopted by any part of the Department of Defense, including all Department of Defense agencies, military departments, and agencies thereof, for use in protecting conventional arms, ammunition or explosives, special weapons, and classified information or classified equipment.

So... is it illegal to duplicate a key to your apartment that's labeled "Do Not Duplicate"? It might be, if you're living in a University residence in California, or the Arizona Department of Housing owns your building, or...

I can't point to any examples of successful enforcement... but there's certainly a confusing patchwork of laws on the books. In general, if it is your lock, then a "Do Not Duplicate" mark will not be a deterrent to duplication; if it is not your lock, then it might be illegal, depending on where you live and who the actual owner is.

Thanks for this great answer, but my follow on question is...

even if a locksmith does duplicate a key from a public building, but did not know it was from a public building (school or DoD), is he liable? or is it his customer who is liable? the locksmith is just duplicating the key like he would any other key, how is he to know what the key is for? public or private building? it would seem that the legal responsibilty would fall on the costumer requesting the key duplication, not the locksmith, right?

thanks

[digital_blue]

I believe the answer to that question, though completely convoluted and dependent on local and state laws, is basically going to come down to the word "knowingly".

If the locksmith knowingly duplicates a key when he should not, I suppose he could be held accountable for that action. However, proving that he knew that he was illegally duplicating a key would be a pretty tough case to make.

All in all, I'd have a tough time imagining a locky seeing any negative consequence for duplicating a key that was stamped DND.

db

[WOT]

I believe the answer to that question, though completely convoluted and dependent on local and state laws, is basically going to come down to the word "knowingly".

If the locksmith knowingly duplicates a key when he should not, I suppose he could be held accountable for that action. However, proving that he knew that he was illegally duplicating a key would be a pretty tough case to make.

All in all, I'd have a tough time imagining a locky seeing any negative consequence for duplicating a key that was stamped DND.

db

Laws and ordinances vary from location to location and as with any business, the owner has the responsibility to be aware of them.

As far as the US is concerned, unless visibly obvious but you feel it is questionable, just ask if the key belongs to something Postal Service or DoD related. If it is, don't duplicate it.

If you're in one of those states prohibiting keys that work the locks on state/governmental agency buildings, simply ask if it operates anything owned by the state owned, leased or controlled bldgs such as state universities, public housing, etc.

So, in CA when someone comes in with a key marked "Property of UCLA", then you obviously turn him away since it's clearly obvious, but if it isn't marked clearly as such and the customers indicate it isn't, then why wouldn't you?

I bet people duplicating non-specialized keys have just as much, if not greater chance of not being authorized to do so. Someone comes in asking a restricted out-of-patent Medeco key duplicated and claims to be a business owner.. how do you know he's authorized or not?

Someone comes in with an ordinary wafer car key or a KW1. Well, are you going to make sure he brings in his ID and registration/proof of home ownership to make sure he/she's not a babysitter or a valet driver making unauthorized copies?


In most places, duplicating a DND key is not as bad as spitting a gum on the street. Former is just impolite to whoever stamped DND, latter is offensive littering in violation of law.

[globallockytoo]

I bet people duplicating non-specialized keys have just as much, if not greater chance of not being authorized to do so. Someone comes in asking a restricted out-of-patent Medeco key duplicated and claims to be a business owner.. how do you know he's authorized or not?

This is the primary benefit of locksmith companies generating their own systems. The locksmith company will have the suitable authority signature on file to compare to the one being tendered. If it's no match (even remotely similar) no keys are issued.

At times where a new tennancy requires additional keys, it is an opening for that locksmith company to rekey the locks and set up a new system.

If the customer only wants keys, authorization must be obtained by one of the former signatories to vouch for the transfer in ownership.

If no previous signatory can be contacted, then some companies have a policy of proof that the property has been transferred ownership....like a lease agreement or bill of sale or something.

[WOT]

I bet people duplicating non-specialized keys have just as much, if not greater chance of not being authorized to do so. Someone comes in asking a restricted out-of-patent Medeco key duplicated and claims to be a business owner.. how do you know he's authorized or not?

This is the primary benefit of locksmith companies generating their own systems. The locksmith company will have the suitable authority signature on file to compare to the one being tendered. If it's no match (even remotely similar) no keys are issued.

At times where a new tennancy requires additional keys, it is an opening for that locksmith company to rekey the locks and set up a new system.

If the customer only wants keys, authorization must be obtained by one of the former signatories to vouch for the transfer in ownership.

If no previous signatory can be contacted, then some companies have a policy of proof that the property has been transferred ownership....like a lease agreement or bill of sale or something.

I think we're in the era to move away from physical custody control to electronic for security, cost and convenience. If the electronic access can be controlled from the central office either through a series of wireless network or hardwired connection, you don't make keys to work the door.

You make the system/door work with the key and lost key is merely the cost of lost user device + administrative cost if reported immediately.

For individual resident rooms, rekeying for a lost key is practical, but for common areas, it's absolutely impractical to rekey the common area and issue new keys to everyone affected. With electronic lock, you just delete that person's list.

For apartments, individual tenant rooms could even be setup with a five-minute delay or lockout for delinquent rent to forcing the dead beat to see the landlord.

[n2oah]

As far as the US is concerned, unless visibly obvious but you feel it is questionable, just ask if the key belongs to something Postal Service or DoD related. If it is, don't duplicate it.

Or just don't take it to a locksmith to duplicate it.

[globallockytoo]

As far as the US is concerned, unless visibly obvious but you feel it is questionable, just ask if the key belongs to something Postal Service or DoD related. If it is, don't duplicate it.

Or just don't take it to a locksmith to duplicate it.

I have many blanks in my truck with "duplication prohibited" on them (mostly Best profiles of course)......if they are available for purchase as blanks by anyone....why shouldnt locksmiths duplicate them for anyone?

Only take your keys to a locksmith for duplication. Most locksmith guarantee their keys.

I had a customer get some keys cut at Sears, but of course they didnt work. I cut them and they were perfect. When examining the Sears keys, I could tell with a naked eye, they were cut too deep.

The sales assistants wouldnt know how to adjust their machines.....but people still get taken in by the convenience of being already there.

[WOT]

I have many blanks in my truck with "duplication prohibited" on them (mostly Best profiles of course)......if they are available for purchase as blanks by anyone....why shouldnt locksmiths duplicate them for anyone?

I can see this being an issue if there's a conflict of interest or a threat.

i.e. they're a contract locksmith for an institution. It's probably in their contractual agreement or in commercial interest to decline a key user of that institution. I wouldn't be surprised if the institution asks them to confiscate the keys(which are the property of the lockshop's customer) as their designee.

A major cash cow customer in the area has a contractual stipulation that a bidder will be declined future bidding privileges if it is discovered that they don't respect that customer's key control policy.