FC: More ways I could be violating the DMCA by writing this column

From: Declan McCullagh (declanat_private)
Date: Thu Jan 02 2003 - 11:55:28 PST

  • Next message: Declan McCullagh: "FC: Will this column land me in federal prison under the DMCA?"

    [Gerard is an attorney at Wiley Rein & Fielding, who points out even MORE 
    ways I can be liable. Thanks a lot! :) In my column 
    (http://news.com.com/2010-1028-978636.html) Lee Tien points out still 
    another. To answer the folks who said government documents are not password 
    protected and therefore the DMCA does not apply, generally that would be 
    correct. But in this case other MS Word documents that were not password 
    protected on the same web page were prepared by Deloitte Consulting, as I 
    noted in the column. If these documents were also prepared by a contractor, 
    presumably they would be copyrighted and the DMCA would apply. --Declan]
    
    ---
    
    Subject: RE: Will this column land me in federal prison under the DMCA?
    Date: Thu, 2 Jan 2003 14:20:19 -0500
    From: "Stegmaier, Gerard" <gstegmaiat_private>
    To: <declanat_private>
    
    Declan,
    
    I seldom post but very much enjoy politech.
    
    Your latest rant caught my attention for several reasons.
    
    There are a host of other statutes and laws that using a surreptitiously 
    acquired password could cause one to run afoul of.
    
    Forgetting for the moment that FOIA or some other law might enable you to 
    lawfully access the documents, and that they are in effect within the 
    public domain (e.g. it would be difficult to violate whatever copyright the 
    government possesses), just a few of the provisions and/or laws to be wary 
    of include:
    
    1) Computer Fraud and Abuse Act;
    2) Various state computer crime codes relating to unauthorized access and 
    computer trespass;
    3) Trespass to chattels;
    4) Misappropriation;
    5) Unfair competition;
    6) Fraud (after all one probably would have to misrepresent who one is to 
    use the password)and
    
    a parade of other similar horribles.
    
    Nevertheless, passwords and related authentication still have some simple 
    elegance for erstwhile libertarians and free marketeers - by putting up 
    what Maureen O'Rourke has referred to as "digital fences" content providers 
    can choose with whom and how they do business AND at the same time content 
    users can choose not to do business on those terms and conditions.
    
    Just a thought.
    
    
    
    
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