Earlier quoted context omitted.
The problem with your first line is that it leaves the definition of black hat open to interpretation, when that is not how the word is actually used in the security industry or in popular reporting. Black hat activity specifically refers to criminal activity, which we can demonstrably perceive and attribute. By your reasoning, I am free to call security researchers black hats if they don't give vendors advance notic…
> Black hat activity specifically refers to criminal activity, which we can demonstrably perceive and attribute stock manipulation is clearly criminal, if you want to take the 'letter of the law' approach.. beyond this, this gets into the same debate as letter of the law vs spirit of the law, which has both nothing and everything to do with this topic.. black hat is not 'defined exclusively' anywhere, and of course o…
That wasn't the distinction I was making. A law is a positive statement. An argument of what should be lawful, or an interpretation of a law, is of course normative. But I already said that in this thread.
By the "letter of the law" (section 9(4)(a) of the SEC act and existing case law), stock manipulation involves promulgating outright falsehoods. Case law shows us that exemplary falsehoods have to be categorically untrue; a biased presentation of something that is true does not pass the bar. Being that there is a vulnerability here, the material we have to go on does not paint a favorable outlook on the researchers being indicted. Activist investors routinely present facts to the media with a clear agenda, but the SEC virtually never prosecutes them if there is an inarguable, material kernel of truth to their allegations. There's a vulnerability here. Reasonable people can disagree on the severity of the vulnerability and how it should have been disclosed. But it's not fraud.
> how does acting completely unethically yet entirely within the law for malicious purposes fit into your framework?
Your question has a presupposition; if the security researchers traded on their knowledge of this vulnerability, I find that to be neither unethical nor illegal stock manipulation.