RE: new bill being passed in Congress

From: McCall, Bill (BMccall@private)
Date: Tue Oct 16 2001 - 08:43:20 PDT

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    In this flurry of counter-terrorism, I think we should take note that the
    police power is reserved to the states, at least in the Constitution, and
    powers not specifically granted to the federal government are reserved to
    the states, or the people (paraphrase of the 10th amendment).
    
    If we really are going to have a national police force, lets be honest about
    its formation and make it conform with the law.
    
    bill mccall
    
    
    
    
    -----Original Message-----
    From: Kuo, Jimmy [mailto:Jimmy_Kuo@private]
    Sent: Monday, October 15, 2001 9:52 PM
    To: 'crime@private '
    Subject: RE: new bill being passed in Congress
    
    
    People, please read the law before you comment!
    
    There are plenty to not like about the bill.  But this interpretation is
    incorrect.  The hacking has to be against certain govt entities.
    
    With regard to computer crime, I think the primary issues are:
    
    1) There is to be the concept of a national warrant for chasing electronic
    evidence.  Currently, this system is very disjoint, having to get a warrant
    in every jurisdiction you want to wiretap.
    
    2) Interfering with govt communications can be treated as a crime of
    terrorism.  This is what can yield to a lifetime sentence.  In my "not a
    lawyer" interpretation, releasing a worm could also fall under this clause.
    
    3) Materially aiding the above could also yield a terrorism charge.  To head
    off the "oh no" from the full disclosure crowd, again, IANAL but our highest
    court has said that it was legal to publish how to create an A-bomb, but you
    can't make or sell the components.  But here, you ought to ask your own
    lawyer since so much is at stake.
    
    And then there are a LOT of other things, mostly about treatment of
    non-citizens.
    
    The situation will have changed by November.  But this is in my presentation
    as well.
    
    3OCT01: PATRIOT Passed Judiciary Committee 36-0.
    
    12OCT01: USA Act of 2001, rewritten PATRIOT, passes House 337-79, Senate
    96-1.
    
    If you wish to read it yourself, it's at:
    
    http://www.house.gov/rules/sensen_028.pdf
    
    Jimmy
    
    -----Original Message-----
    From: Heidi
    To: crime@private
    Sent: 10/15/01 7:53 PM
    Subject: RE: new bill being passed in Congress
    
    "A new bill being considered in Congress calls for life in prison
    without
    a possibility of parole for people who engage in computer trespass, also
    known as hackers." 
     
    Now isn't this great!!!!  Life in prison without parole for hacking, yet
    pointing a loaded firearm at someone and threatening to kill them is
    only a misdemeanor, no jail time, just cite and release, a slap on the
    hand!!!! This may not be C.R.I.M.E. related but who are they kidding?
    Hacking into a company website may cost a lot of money, but if that guns
    goes off, how many life's will it cost, and in my book, this is a form
    of terrorism!!! Hacking into a company website digs into peoples
    pockets, that is the difference and where the strength comes from
    obviously when getting bills passed through Congress.  If a guy points a
    loaded firearm at someone that is nothing, what about the next time when
    the gun goes off and kills innocent people?  Obviously it does not dig
    into enough pockets to matter.  Very sad scenario.   
    Heidi Henry
    mcps@private  
     
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