> From: Julia Thompson <[EMAIL PROTECTED]> > > 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.)
(b) Offense defined.--Any person commits an offense if he knowingly: (1) possesses, uses, manufactures, develops, assembles, distributes, transfers, imports into this state, licenses, leases, sells or offers, promotes or advertises for sale, use or distribution any communication device: (i) for the commission of a theft of a communication service or to receive, intercept, disrupt, transmit, re-transmits, decrypt, acquire or facilitate the receipt, interception, disruption, transmission, re-transmission, decryption or acquisition of any communication service without the express consent or express authorization of the communication service provider; or (ii) to conceal or to assist another to conceal from any communication service provider, or from any lawful authority, the existence or place of origin or destination of any communication --- Model legislation that thr MPAA is spoonfeeding to state legislatures. _______________________________________________ http://www.mccmedia.com/mailman/listinfo/brin-l
