On 28 Mar 2003 at 17:25, Julia Thompson wrote: > The Fool wrote: > > > > http://www.freedom-to-tinker.com/archives/000336.html > > > > The states of Massachusetts and Texas are preparing to consider > > bills that apparently are intended to extend the national Digital > > Millennium Copyright Act. (TX bill; MA bill) The bills are obviously > > related to each other somehow, since they are textually similar. > > > > Here is one example of the far-reaching harmful effects of these > > bills. Both bills would flatly ban the possession, sale, or use of > > technologies that "conceal from a communication service provider ... > > the existence or place of origin or destination of any > > communication". Your ISP is a communcation service provider, so > > anything that concealed the origin or destination of any > > communication from your ISP would be illegal -- with no exceptions. > > I took a look at the Texas bill, and someone who knows more about what > he's talking about WRT internet issues than I do took a look as well, > and there's a key provision in there that's being overlooked: > > SECTION 2. Sections 31.12(a), (b), and (e), Penal Code, are > amended to read as follows: > (a) A person commits an offense if, with the intent to harm > or defraud > > In other words, if you're not intending to harm or defraud, it's OK. > > Text of Texas Senate Bill 1116 at > > http://www.capitol.state.tx.us/tlo/78R/billtext/SB01116I.HTM > > (Also, section 4 of the bill begins: > > SECTION 4. Sections 31.13(a), (b), and (d), Penal Code, are > amended to read as follows: > (a) A person commits an offense if, with the intent to harm > or defraud a communication service provider, the person possesses or > uses a communication device or unauthorized access device > > which again, has the "intent to harm or defraud" clause in it.)
Fine. The problem is that "harm or defraud" is not defined. If you use an "excessive" amount of bandwidth they could argue that's harming the service. Ditto if say for whatever reason some idiot DDoS's you... I don't TRUST them not to use it that way. Andy Dawn Falcon _______________________________________________ http://www.mccmedia.com/mailman/listinfo/brin-l
