FC: Colorado state senate delays vote on "mini-DMCA" bill

From: Declan McCullagh (declanat_private)
Date: Tue Apr 01 2003 - 07:15:36 PST

  • Next message: Declan McCullagh: "FC: Satellite TV and Tivo owners, be warned: You have no privacy"

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    Date: Mon, 31 Mar 2003 15:39:14 -0700
    To: Declan McCullagh <declanat_private>
    From: Charles Oriez <coriezat_private>
    Subject: state DMCA - delayed in Colorado
    
    
    Thanks to the publicity on the politech list over the weekend, a couple of 
    state senators heard from their constituents yesterday, and the Colorado 
    version of the legislation (HB1303) was laid over for a week.  It had been 
    scheduled for final passage in the State Senate today.
    
    Of course now the folks who raised the issue in the first place have to 
    finish the job.  It isn't dead, merely delayed.
    
    http://www.leg.state.co.us/2003a/inetcbill.nsf/fsbillcont/A2F0DA113DF2BFC087256CC2006BFB94?Open&target=/2003a/inetcbill.nsf/billsummary/FFD96D398232513587256CBF00543930
    
    
    charles oriez          coriezat_private
    39  34' 34.4"N / 105 00' 06.3"W
    **
    
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    Date: Mon, 31 Mar 2003 00:10:40 -0500
    From: Peter Olsen <pcolsenat_private>
    Subject: RE: An analysis of Michigan and Colorado "mini-DMCA" bills
    In-reply-to: <5.1.1.6.0.20030330100203.01f1db70at_private>
    To: declanat_private
    Cc: balunisat_private, Charles Loukus <cloukusat_private>,
        Jon Christopher Olsen <joncolsenat_private>,
        Eric Carl Olsen <olsenecat_private>, Seth Olsen 
    <solsenat_private>,
        Jeff Olsen <jolsen@c-hmfg.com>, Randy Olsen <rolsen@c-hmfg.com>,
        James Beaupre <beaupreat_private>, Lou Marinelli <lmm1442at_private>,
        Ruben William Duran <duranrat_private>
    Message-id: <000a01c2f743$df899340$0301a8c0@waldo>
    
    Declan,
    
    Although I'm not (and never have been) a lawyer, I think there is a danger
    of these laws becoming "charges of opportunity"
    
    Suppose someone is accused of another crime for which there is not
    sufficient evidence to sustain a charge, but law enforcement finds evidence
    of a VPN or a router employing network address translation.  Would this
    evidence be enough to sustain a further search warrant?
    
    Suppose law enforcement authorities gain access to a computer for another
    purpose and find encrypted files.  Could those files be construed as an
    attempt to conceal the "origin or destination of a communication service"?
    
    This last example brings up the problem of "If you're not guilty, prove your
    innocence.  Just decrypt the files for us."  I understand that this is a
    common tactic, even though it seems to fly in the face of my (engineering)
    understanding of the Fifth Amendment
    
    Take these comments for what they're worth.  I have an agreement with some
    of my lawyer friends:  I don't practice law and they don't practice
    engineering.  We all believe the public is safer for both sides of the
    understanding.
    
    Peter Olsen, P.E.
    pc_olsenat_private
    
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    Date: Sun, 30 Mar 2003 15:13:04 -0800
    To: declanat_private
    From: "A.Lizard" <alizardat_private>
    Subject: Re: FC: An analysis of Michigan and Colorado "mini-DMCA" bills
    
    At 10:02 AM 3/30/03 -0500, you wrote:
    
    Sounds like making sure that this law is rigorously enforced against its 
    biggest violators would be the fastest way to get it off the books and to 
    make sure it doesn't get reintroduced anywhere else. The options for the 
    organizations in violation would be either to close down or move to 
    somewhere where they can do business.
    
    The biggest violators would be large corporations and the Michigan state 
    government. Are there any IT shops of substantial size that *don't* violate 
    this law?
    
    Collecting proof should be easy enough, but some organization to 
    systematically tell the rest of us what to look for and where to send it 
    would be helpful. Forcing government to act on this might be more difficult.
    
    Perhaps the EFF or one of the other activist organizations might have some 
    ideas about that.
    
    A.Lizard
    
    ---
    
    Date: Sun, 30 Mar 2003 22:44:55 -0500
    From: Dave Emery <dieat_private>
    To: Declan McCullagh <declanat_private>
    Cc: cypherpunksat_private
    Subject: Re: FC: An analysis of Michigan and Colorado "mini-DMCA" bills
    
    On Sun, Mar 30, 2003 at 10:02:12AM -0500, Declan McCullagh wrote:
    
    	There is another side to the MPAA's super-DMCA state
    legislation. In addition to its impact on use of encryption, vpns,
    firewalls and so forth it also sets forth new non-federal restrictions
    on possession and used of radio receiving equipment.
    
    	While some of your readership may have different perspectives on
    this, it appears that several of these mini=DMCA bills might well be
    read to ban ownership or use of Big Ugle Dish (BUD) type TVRO satellite
    dish setups, or at least those used for private viewing of unscrambled
    sports backhauls and newsfeeds as opposed to being subscribed to
    scrambled programming services.   This private viewing has been
    generally legal under federal law (Satellite Viewers Rights Act), but
    very few of the program providers have actually given any kind of
    express consent for the public to watch and thus the mini-DMCA
    provisions requiring such consent would possibly render even possession
    of such dishes illegal in states where such laws are in effect.
    
    	And while the argument is more stretched, it also seems that
    someone might argue that police scanners used to monitor public safety
    communications (expressly permitted under federal law) might fall under
    this rubric too, as the public safety agencies may not have give
    express consent.   Under the Mass. bill this would criminalize mere
    possession of such radio equipment.
    
    -- 
    	Dave Emery N1PRE,  dieat_private  DIE Consulting, Weston, Mass 02493
    PGP fingerprint 1024D/8074C7AB 094B E58B 4F74 00C2 D8A6 B987 FB7D F8BA 8074 C7AB
    
    
    
    
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