[wplug] Super-DMCA laws

Frank W. Holden Jr. frankh at zelie.com
Tue Apr 15 20:55:47 EDT 2003


Well, for what I read it means that what use to be legal for us ham
radio operators throughout the world is now illegal!!! I sure did like
re-broadcasting NASA missions over the net and via radio for the
intent of educational purposes...

This piece of crap they have come up with is way to broad! By what it
says, if I was to re-broadcast a local radio station, as an example,
to a friend anyplace else on the net, it is illegal! If I record a
portion of a radio show and compress it with a password for
transmission, I have broken the law. When did it come to pass that
commercial broadcasts over the air waves was illegal??? Now I am NOT
allowed to talk on my radios anymore either, so my freedom of speach
is being attacked! There are just too many ways and angles to look at
this new law that impeeds on our constitutional rights...

Just some ramblings from a RF fried brain...
Frank


Dave Neuer wrote:
> 
> 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
> >
> >
> >
> >
> 
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-- 

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<->                           frankh at zelie.com                  <->
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