[wplug] Super-DMCA laws

Dave Neuer mr_fred_smoothie at yahoo.com
Tue Apr 15 16:23:31 EDT 2003


Yep, it's true (follow the "text" link and look at the
bill history). It's law in PA.

Most of it deals w/ theft of Telco service, but the
really troubling part is paragraph 1, section II "TO
CONCEAL OR TO ASSIST ANOTHER TO CONCEAL FROM ANY
TELECOMMUNICATION SERVICE PROVIDER OR FROM ANY LAWFUL
AUTHORITY THE EXISTENCE OR PLACE OF ORIGIN OR OF
DESTINATION OF ANY TELECOMMUNICATION"

Who is a lawful authority? The cops? A copyright
holder? It's not clear until you read down farther in
the definitions section where they talk about telcos,
radio, satellite, cable and TV broadcasters.

So basically, this is designed to protect the owners
of digital TV content.

But that above paragraph would seem to make
VPN/Firewall software, hardware, and information
illegal as well.

I seriously doubt the legistlature knew just how dumb
that provision is (for instance, most Telcos
themselves would be guilty just by offering VPN
service; even if you argued that their intent clearly
isn't concealing the origin or destination from
*themselves*, you could argue that they were
concealing the data transmitted from "lawful
authorities" if someone passes a song or movie file
over the VPN). Linux is conceivably illegal under the
section.

It's a crappy law. It's bad for Telcos, bad for
equipment manufacturers, bad for customers...

As the activists in the MA legistlative hearing
pointed out, it's really only good for the digital
broadcasters.

Hopefully the first time it gets used it will be
struck down as overly broad and criminalizing a wide
array of current, accepted practices.

I guess we'll either have to wait and see, or organize
a campaign to repeal it (it would have been nice to
know about the law ahead of time, though).

It's getting to the point that I feel remiss as a
citizen for not spending all day combing the Thomas
Project site, the PA legislature, etc. looking for
dangerous legislation.

Dave

--- "Romano, Chris" <CRomano at AtlasBD.com> wrote:
> I know that it's not Linux or Open Source, but it
> affects us all.
> 
>  
> 
> Has anyone been following this?  It looks like it
> might have been passed in
> PA.  Is it true?
> 
>  
> 
>
http://www.legis.state.pa.us/WU01/LI/BI/BT/1999/0/SB1173P2313.HTM
> 
>  
> 
> more info:
> 
> http://www.eff.org/IP/DMCA/states/
> <http://www.eff.org/IP/DMCA/states/> 
> 
> (look under the "Affected States" section)
> 
>  
> 
>  
> 
> Chris Romano
> 
>  
> 
> 


__________________________________________________
Do you Yahoo!?
The New Yahoo! Search - Faster. Easier. Bingo
http://search.yahoo.com



More information about the wplug mailing list