On Friday 31 October 2003 09:17 am, Tango Echo wrote:

> Ah! Here is the reference: http://www.hackbusters.net
> While it's possible it may deal directly with his
> LaBrea tar pit program, it appears to hinge around the
> tar pit technology.  Here's a quote from the site:
> Quote:
>
> This section of the Illinois Criminal Code was added
> on January 1, 2003 by Public Act 92-728 and defines an
> "unlawful communication device" as "any communication
> device which is capable of... facilitating the
> disruption... of a communication service without the
> express consent or express authorization of the
> communication service provider..."

This response actually brings up something that has been bugging me of late 
about some elements of the tech community.  I realize that there are a large 
number of clueless politicians and lawyers out there but tech people have a 
tendency to be just as clueless about laws and the judicial system as well.  
Rather than each trying to recognize the strengths of the other and work out 
realistic compromises, the tech community appears to be retreating with some 
type of egotistical attitude that politicians and lawyers are helpless to be 
anything other than completely clueless when it comes to tech matters and 
that any law is a bad law.

The fact is that tortured readings of laws and paranoid ravings about the 
possible clueless applications of laws does not do the  tech community any 
service.  It makes us all appear to be unreasonable and unwilling to work 
with others to create laws that can actually be of service to us.  This is 
more likely to make politicians and lawyers less likely to seek the tech 
community out for comment about proposals and will result in more clueless 
laws rather than less of them.  I think that we need to stop shooting 
ourselves in the foot.

The reality is that there are just as many clueless tech organizations as 
their are lawyers.  For instance, the EFF came out against anti-spam laws 
arguing that spam is free speech and that people have a right to contact 
others about whatever they want to, I suppose as frequently as they want to.  
Well, IMO, you have the right to say anything you want but you do NOT have 
the right to force me to listen.  There have to be practical limitations to 
rights or else we live under a tyranny of the individual.  We also have 
freedom of movement in the US, at least, and if you are following someone 
with the intent to harass or intimidate them, there are laws that can be used 
to force you to stop.  There need to be similar limitations to the free 
speech rights of email.

The law that was quoted appears to be an actually well written law that can be 
used by an ISP to target people who abuse their servers, munge addresses to 
get past authorization mechanisms, spoof IP addresses and the like.  Until 
such a time that it either becomes reasonably clear that the law doesn't work 
or is being abused in ways that it is not intended to be, or can be clearly 
shown to being open to abuse, I think that we should attempt to give it the 
benefit of the doubt.  Otherwise, we risk alienating ourselves from other 
people to the point that we are totally ignored.

"Of course, that is just my opinion, I could be wrong." - Dennis Miller

-- 
Bryan Phinney
Software Test Engineer


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