On Fri, 3 Jan 2003, Michael Polak wrote:

>  >as long as you bought the speaker after the TCPA law introduction,
>  >there will
>  >be no problem, because they contain a TCPA chip ... if not, than ???
>  >who knows
>
> I know very little about that... so it will be illegal to sell pre-TCPA
> hardware in USA after introduction of that law?  Well, it is just the
> time to start building our independent czFree.Net using Wi-Fi, optical
> links, etc.... better build it now, while unregulated hardware is still
> available...

According to the usual and customary observances in US law, the
possession and sale of equipment which was legally manufactured
and marketed "before" it became "banned" is "grandfathered", meaning
it is still legal after the ban.  For example, it is legal to possess
and to sell and to drive old automobiles that were not originally
provided with modern pollution control equipment and safety devices such
as seatbelts.  Also it is legal to possess and to sell and to use
"high capacity" magazines for firearms provided they were manufactured
"before" they became "banned".  "Grandfathering" of commerce in things
that were legally manufactured and marketed "before" the
continued manufacture later became "banned" is a common practice in US
law.  I don't know how this philosophy might be extended to apply to
TCPA compliance.  For the sake of logic and consistency the
"grandfathering" philosophy ought to apply here as it does with other
used and old articles of commerce.

Sam Heywood
-- Message sent by Unix Pine, Version 4.44



Reply via email to