Since (1) does not specify 501(c)3 certification of nonprofit status, I would think that we might qualify under that, as well (caveat: I am not a lawyer either). Perlmonks, to the best of my knowledge is not run to make money, and we are an archive of sorts, as well as an institution (among ourselves) for education (or perhaps many of us need to be institutionalized). I think it could be considered fair under the terms of (1) for us to evaluate the strength of the encryption to determine whether we think it is worthwhile for our use.

Just a thought ... my case here would probably never stand up in court.