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American Movie Execs Could Face Aussie Jails For Hacking

pegacat points to a story in the Melbourne Age which says that "American movie, recording and software executives could be arrested if they travel to Australia, could be prohibited from entering Australia, or could be extradited to face criminal charges if Californian Democrat congressman Howard Berman's copyright protection bill, which allows cracking of computers, passes into law." That's because "Under section 9a of the Victorian Summary Offences Act (1966), 'a person must not gain access to, or enter, a computer system or part of a computer system without lawful authority to do so'. The penalty if convicted is up to six months' jail."

410 comments

  1. Let the punishment fit the crime by Anonymous Coward · · Score: 0

    Let 'em hang at dawn!

  2. Amendment by mrbrown1602 · · Score: 4, Funny

    One can only begin to imagine what this will bring - an amendment to the bill prohibiting extradition of media company execs to Australia.

    1. Re:Amendment by martissimo · · Score: 2

      either that, or a whole slew of checks made payable to Aussie politicians insuring that those "silly" pro-consumer laws get fixed

    2. Re:Amendment by YeeHaW_Jelte · · Score: 5, Insightful

      Yeah, and a law permitting the US armed forces to invade Australia to free captured media company execs.

      --

      ---
      "The chances of a demonic possession spreading are remote -- relax."
    3. Re:Amendment by spongman · · Score: 4, Interesting

      yeah, like the chief of staff needs a vote in congress (a law) anymore to go to war. the constitution has long gone out the window...

    4. Re:Amendment by driptray · · Score: 4, Insightful

      Yeah, and a law permitting the US armed forces to invade Australia to free captured media company execs.

      Since when did the US need a law to invade foreign countries? Hell, they do it even where there are international laws forbidding them from doing it.

    5. Re:Amendment by rodgerd · · Score: 3, Insightful

      Australia is trying to negotiate a free trade agreement with the US (you know, that country which is so fond of free trade that it erects massive tarrif and subsidy barriers to all and sundry). I imagine implementation of all so-called intellectual property laws that are in the US but not yet in Australia will be one of the first requirements for such an arrangement, and I imagine the Howard government will bend over so quick that half the country will get whiplash.

    6. Re:Amendment by Anonymous Coward · · Score: 0

      Yeah, and a law permitting the US armed forces to invade Australia to free captured media company execs.

      Soon followed by treaty to also cover Israel.

    7. Re:Amendment by tunah · · Score: 2

      And a law to prohibit dingoes from eating said armed forces' babies.

      --
      Free Java games for your phone: Tontie, Sokoban
    8. Re:Amendment by tanveer1979 · · Score: 2

      yes, a war should be declared on australia. Movie execs are such honourble citizens and such great contributors to the society. Any body daring to arrest them should be nuked!

      --
      My Aurora : http://www.youtube.com/watch?v=o91ZsGwJYyg
      FB : https://www.facebook.com/TanveersPhotography
    9. Re:Amendment by YeeHaW_Jelte · · Score: 3

      Well, maybe they only need laws to invade allied countries like the Netherlands.

      --

      ---
      "The chances of a demonic possession spreading are remote -- relax."
    10. Re:Amendment by stephenbooth · · Score: 1

      If they think that the terrain is tough in Afghanistan, wait till they see the outback.

      Stephen

      --
      "Don't write down to your readers, the only people less intelligent than you can't read" - Sign on Newspaper Office Wall
    11. Re:Amendment by Anonymous Coward · · Score: 0

      Hi I need to know what country you live in for a survey.

    12. Re:Amendment by Anonymous Coward · · Score: 0

      Allah will destroy you, then there won't be any more surveys.

    13. Re:Amendment by ProfKyne · · Score: 2

      Perhaps in an amazing instance of precognition, media execs have already made a movie about it!

      --
      "First you gotta do the truffle shuffle."
    14. Re:Amendment by Anonymous Coward · · Score: 0
      of course, hollywood execs are our most valuable resource.

      Now I'm gonna go burn down an Outback Steakhouse and put a shrimp on the barbie.

    15. Re:Amendment by 0x0d0a · · Score: 2

      I suspect that the MPAA/RIAA might actually manage to push something through like this, if they really needed to. But it would be silly to do so.

      Actually breaking into computers has way too many legal issues. No one is proposing that -- they simply want to DoS computers, and the *only* method I've seen proposed so far is by eating up download slots by trickling out many, many downloads. Polluting the network with bogus files doesn't need the "DoS immunity" law, and that's already being done.

      So, sexy as it may sound to have the RIAA/MPAA trying to "hack" into computers, they really aren't. They aren't trying to gain any form of additional access that a normal random computer on the Internet doesn't already have (at least last I've heard :-) ). They just want to eat up downloads. The Aussie law is probably not going to cover it, unless it also covers things like ping-flooding people.

    16. Re:Amendment by Angry+White+Guy · · Score: 1

      A DINGO STOLE MY BABY!

      I miss the Tick. It was one of the best cartoons on TV, along with Eek the Cat

      --
      You think that I'm crazy, you should see this guy!
    17. Re:Amendment by IXI · · Score: 1

      Movie execs are such honourble citizens and such great contributors to the society.
      Yes, they are making those great military ad's like windtalkers.

      --
      He saw some dirty arabs and fired. Too bad it was just some friendly kurds, BBC reporters and his fellow cowboys.
    18. Re:Amendment by Fat+Casper · · Score: 2
      yeah, like the chief of staff needs a vote in congress (a law) anymore to go to war.

      The best part is that the JCS have been totally cut out of planning for this Iraq thing. It's less of a true national policy than a nostalgia thing among some administration members. It's also getting quite tiring.

      Australia's safe until Paul Hogan starts attending NSC meetings.

      --
      I spent a year in Iraq looking for WMD and all I found was this lousy sig.
    19. Re:Amendment by Pig+Hogger · · Score: 2
      Well, maybe they only need laws to invade allied countries like the Netherlands.
      Or Australia. Er, wait, since Australia could jail movie execs, it must no longer be an ally...
    20. Re:Amendment by Sj0 · · Score: 4, Insightful

      hacking does't fall under consumer law. It falls under criminal law.

      To put it in a way that makes sense to the impressionable out there, these execs are seeking immunity from acts of cyber-crime on regular individuals(like you...you never used napster or kazaa though, right?).

      to put in a way the rest of us can comprehend, this amalgamation of corporations is seeking the legal permission to the equivilant of vigilante justice. Unfortunately, while this is generally illegal(especially when this form of 'justice' takes the form of an especially illegal act itself) for the common man, it's a-okay for a huge, irresponsible, amoral corporation to have, because they have the money to bribe the oh-so-bribable US polititans. The results of this law passing would be far reaching, possibly setting precident down a long road where corporations begin to gain more and more rights to seek vigilante justice, first on-line, but someday, perhaps in the real world.

      While I disagreed with the imprisonment of dimitry, because it was due to a law which did not make sense, was immoral, and was obviously bought, the thought of imprisoning criminals who happen to be rich enough to get an exemption appeals to me.

      --
      It's been a long time.
    21. Re:Amendment by tomhudson · · Score: 3, Interesting
      They also can face up to 5 years in jail and up to $1,000,000 in fines per incident in Canada under existing laws regarding destruction of other peoples' data, which (your data) is protected under copyright law.

      Unlike mafiaboy, these are supposedly adults. They won't get the benefit of going through the juvenile court system.

    22. Re:Amendment by Anonymous Coward · · Score: 0

      Yeah, but there is only, what, like 15 people living in Australia?

    23. Re:Amendment by Anonymous Coward · · Score: 0

      Does that mean Matrix II & III, Lord of The Ring will be finished behind bars ?

      Would this law extend to Microsoft Exec because of their new 'user agreement' ?

    24. Re:Amendment by kadehje · · Score: 2, Insightful
      yeah, like the chief of staff needs a vote in congress (a law) anymore to go to war. the constitution has long gone out the window...
      The way things are today, it can be pretty unclear what "war" is. When U.S. Armed Forces invaded Afghanistan to attack the Taliban and al-Queda, one can justifiably claim that the invasion was an act of war against the de facto government of that country. But is the U.S. still involved in a war with Afghanistan when the U.S. continues its operations against al-Queda and remnants of the Taliban after that government was overthrown and a new coalition government installed? When another nation asks the U.S. for military assistance against a specific subnational (i.e. not a sovereign state) threat or another nation gives the U.S. permission for U.S. forces to perform unilateral action against a group like al-Queda, who is the U.S. really at war with? Certainly not the nation on whose territory the military action is occuring. And at least the traditional sense of war is an exchange of hostilities among sovereign states; that is, it would not make traditional sense to claim that the U.S. could "declare war" on al-Queda, the Irish Republican Army, or the Michigan Militia, even though most would agree the U.S. has the right to defend itself from such subnational entities.

      It is this confusion that justifies the President's right (not necessarily the Joint Chief of Staff's right, though presidents have often accepted their advice) to order limited military action against specific threats without the approval of Congress. When Presidents Kennedy, Johnson, and Nixon abused their right to perform "limited" military actions in the ridiculously long Vietnam conflict, Congress passed a law exerting its power of the purse over future military operations lasting six months or more. The President must now get Congress's approval before launching such substantial operations or else risk running out of money for his war machine. Former President Bush received permission from Congress for the Gulf War. While the resolution may not have contained the word "war" in it, Congress did everything except declar war on Iraq when it gave the commander-in-chief carte blanche in carrying out Persian Gulf area operations.

      Personally, I believe that it is crucial to the seperation of powers to allow the president to have a substantial amount of leeway in controlling the military. If the president needed Congress's approval for everything regarding the armed forces, the president would become little more than a figurehead and the U.S. federal government would essentially be a parlimentary system. However, Congress's power over the federal budget does serve as a check against the president abusing his right to unilaterally order huge military operations that can end up costing the nation tremendously, both in dollars and in lives.
    25. Re:Amendment by Sygnus · · Score: 1
      Does that mean Matrix II & III, Lord of The Ring will be finished behind bars ?

      The filming of Lord of the Rings is already finished, and has been since last year.

      --
      First posting isn't trolling. It's...first posting. :) -- Illiad
    26. Re:Amendment by HiThere · · Score: 3, Insightful

      A declaration of war requires a 2/3 vote of the Senate to approve it. No House vote is required.

      All funding measures, however, are required to be initiated in the House of Representatives.

      This was not even similar to the consititutional protocols. Not even similar. Now I will grant that it's harder to get a 2/3 vote out of 100 people than out of 26. It's even harder to get them together quickly. But it shouldn't really be that difficult if it's a matter that really is urgent, and if it isn't, what are we doing going to war over it?

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    27. Re:Amendment by Anonymous Coward · · Score: 0

      "Free Kevin!"

      Oh... no... never mind...

    28. Re:Amendment by Ig0r · · Score: 1

      Yep, it's in the Axis o' Evil now.

      --
      Soma: because a gramme is better than a damn.
    29. Re:Amendment by Anonymous Coward · · Score: 0

      Since when did the US need a law to invade foreign countries? Hell, they do it even where there are international laws forbidding them from doing it.

      since when are there international laws? treaties are the closest thing i can think of to that, and best case they are laws within the repective countries. but there is hardly any world government (though the UN may well be headed that way) to enact/enforce any such agreements as a codified law. that nations seek to enforce them as such on their own is a different issue.

    30. Re:Amendment by InadequateCamel · · Score: 1

      2/3 of 26 is no harder nor easier to get than 2/3 of 100, or 2/3 of 1000. For matters as serious as war, 2/3 is a very slim margin of majority. It SHOULD be that war is not used except in urgent matters, but a 66% vote defeats that. It is not too difficult to stretch a 50/50 draw into a 66/34 "majority".

    31. Re:Amendment by WowTIP · · Score: 2

      hacking does't fall under consumer law. It falls under criminal law.

      Uhm, actually, the previous guy didn't say that the laws were consumer laws, he didn't even mention what kind of laws they were. He just said that they were "pro-consumer".

      --

      --

      "I'm surfin the dead zone
      In the twilight, unknown"
    32. Re:Amendment by themurray · · Score: 1

      Hell with that! They can rot for several lifetimes in jail. It would clean out stupid corporations.

    33. Re:Amendment by majestyk2000 · · Score: 1

      You joke now....

    34. Re:Amendment by Anonymous Coward · · Score: 1, Informative

      Handing that kind of power to *anyone* who isn't strictly controlled by the government(of the people) is dangerous, not just to individuals(ie. consumers), but to companies as well. Remember when Blizzard got hit for their internal MP3 server? Remember (for computer techs out there) how many people stuck napster or kazaa or winmx or audiogalaxy satellite in their work machines? Allowing the music industry free reign over who can get hit means that an entire company(like blizzard) can get hit for the crime of a single user. It also opens up the threat of abuse("oops, we thought the MP3 server inside IndyRecords.com was hosting our content -- our bad").

      As you can see, the consumer is not the only one who stands to be harmed. It's really "pro-anyone but the RIAA/MPAA" to have laws like "you can't hack into another persons computer -- PERIOD.", why this falls out of the realm of merely pro-consumer law and into the realm of criminal law. It hurts everyone to allow such behaviour.

    35. Re:Amendment by Capsaicin · · Score: 1
      a whole slew of checks made payable to Aussie politicians insuring that those "silly" pro-consumer laws get fixed

      The way it's done is this:

      • Megacorp use the representatives they already own in the US, to put up some international agreement written by their in-house lawyers.
      • Using its international economic and media clout, MegaCorg lobbies hard to have that agreement tied to some other international club so that all countries will have to ratify it to be members. (Real World example TRIPS -- the IP agreement attached to WTO membership -requiring certain minimum copyright, trade mark and patent provisions from WTO member countries -- called the DMCA in its US version, and the Copyright (Digital Agenda) Amendment Act in Australia -- whose agenda is that anyway?).
      • The Australian Federal Govt, passes a law bringing the agreement into federal law, and s109 of the Constitution means that Victoria's law is overridden insofar as it is inconsistent with the laws drawn up by MegaCorp.
      problem solved ... (and not just for Australia)
      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
  3. Maybe I need to RTFA by JPriest · · Score: 0

    So US American Movie Execs can face legal charges in Australia if a Bill is passed inj the US?

    --
    Saying Java is nice because it works on all OS's is like saying that anal sex is nice because it works on all genders.
    1. Re:Maybe I need to RTFA by Mart76 · · Score: 1

      Of course! USA law is not world law! So if the bill is passed in the US, it is legit in the US, and not all over the world. So if movie companies hack Ausie computers, they can be charched under Australian Law... Not too difficult, I thought...

      --
      So you want to be a rock singer, huh?
    2. Re:Maybe I need to RTFA by Anonymous Coward · · Score: 0

      *ahem* "me too."

      like, what?

    3. Re:Maybe I need to RTFA by Anonymous Coward · · Score: 0

      Yes you do ;-)

      IF they make use of their "right" to hack a site located in Australia, they have broken the Australian law and therefore can be punished.

      Thats it and thats that!

    4. Re:Maybe I need to RTFA by skotte · · Score: 2

      "Berman's bill immunises copyright holders from civil litigation or criminal prosecution if they invade US PCs connected to the international P2P networks to take down their own copyrighted materials."

      in other words. a movie exec can, by us law, enter a computer to delete their own property. if that computer happens to be in aussie, then that movie exec is breaking the aussie law.

    5. Re:Maybe I need to RTFA by ColaMan · · Score: 2

      So US American Movie Execs can face legal charges in Australia if a Bill is passed inj the US?

      No need to pass the bill - the law against unlawful computer access is already present in Australia (or Victoria , anyway). If someone can prove that said media execs did indeed get unlawful entry into an Australian computer system, then regardless of whether it is legal in the U.S., they're still breaking Australian law.

      Break pretty much *any* sovereign country's law (in their own country) and you can expect to face the consequences if they have an extradition treaty with your country, and they're irritated enough to go through the paperwork.

      --

      You are in a twisty maze of processor lines, all alike.
      There is a lot of hype here.
    6. Re:Maybe I need to RTFA by Library+Spoff · · Score: 0

      lets say for example you are a citizen of a country that isn't the USA - say Russia.

      lets say you break the copy protection on a US product, for example an Adobe electronic book format.

      you travel to the states and whoops! you get arrested...

      The americans are happy to arrest you - but then one of their citizens goes to Australia and the same happens to him. cue all sorts of Shit hitting the fan...

      --
      Acid House saves Souls
    7. Re:Maybe I need to RTFA by BobSutan · · Score: 1

      Maybe I'm not seeing the point to all this, but how is this different than when Dimitry Slykarov (sp?) was arrested no so long ago for the e-books fiasco. In Russia he didn't do anything wrong, but in the US he broke the DMCA. So when he came over to the US they snatched him up and held him for trial. How is this any different than what the Aussies are proposing?

      --
      "On a scale from 1 to 10, people are stupid"
    8. Re:Maybe I need to RTFA by Anonymous Coward · · Score: 0

      The point is, the average slashdot reader is being hypocritical here. When Sklyarov got arrested, they said it was a violation of sovereignty, human rights, and so on. But when it is suggested that Australia will do this to music execs, everyone is all in favor of it.

      Sorta like the way slashdot users think copyright law shouldn't apply to digital media... unless it is someone modifying a GPLd program, in which case they're only too happy to go to court over it.

    9. Re:Maybe I need to RTFA by Anonymous Coward · · Score: 0

      It's not any different. thats the point...
      but you just know that in their eyes it will be.

      My favourite USAism was when Budweiser tried to stop Budvar from calling their beer Budweiser...

      oh and how can you have a `World Series` in Baseball ? do the cubans/japanese/S.Koreans get to enter ?

    10. Re:Maybe I need to RTFA by hype7 · · Score: 1
      Break pretty much *any* sovereign country's law (in their own country) and you can expect to face the consequences if they have an extradition treaty with your country, and they're irritated enough to go through the paperwork.
      IIRC, the basic premise of extradition is that both countries need to have a similar law - if it's not illegal to do it in the country where the person is residing, chances are that there won't be extradition.

      I could be wrong - but it boils down to this - if the US has an extradition agreement with Indonesia, and an Indonesia citizen commits a crime in the US that would not have been a crime in Indonesia, then Indonesia is within its rights not to give up the person in question.

      I could be wrong however ;)

      -- james
    11. Re:Maybe I need to RTFA by viperblades · · Score: 1

      personaly i think adobe had no grounds the autralian law realy isn't like the dmca. it's actualy a rather sane one, just says you crack one of our systems then come visit us......well prepare to meet Bubu. comparing this to the dmca isn't right realy considerig the dmca is on a while different level...........

    12. Re:Maybe I need to RTFA by dossen · · Score: 1

      This raises an interesting question (OK, more of a minor nitpick, but that sounds less like a reason to post), since the law in question is an exception to another law. So right now it is a crime, both in the US and in Australia, but in the US it will be legal under certain circumstances.
      Would this differ from the situation where only the aussie law exists?

    13. Re:Maybe I need to RTFA by FunkyChild · · Score: 2

      It's different because of where the actions occurred. Dimitiri was doing his thing, in Russia, under the laws of Russia, which don't criminalise him. No illegal activity was taking place in the US - the only shaky argument the US officials had was that ElcomSoft was making the software available for US citizens to purchase (even though the server itself was in Russia).

      Now if the RIAA hack my computer (which is right here in Australia), the crime is taking place in Australia, and thus falls under Australian law's jurisdiction. They have committed a crime within the nation of Australia, and they can be arrested for it.

    14. Re:Maybe I need to RTFA by nalfeshnee · · Score: 1

      "the only shaky argument the US officials had was that ElcomSoft was making the software available for US citizens to purchase (even though the server itself was in Russia)." (emphasis added)

      you have heard of this phenomenon called 'e-commerce', that uses the 'internet', right?

      nalfy

      --

      -- Despair is an operating system that ANY human being can run, sort of a psychological JAVA --

    15. Re:Maybe I need to RTFA by Xaoswolf · · Score: 3, Interesting

      I thought that this went for any country other than Australia. I mean, if you commit a crime in another country, you can be charged there if you ever go there. Is Australia the only country speaking up, or are there other countries talking too?

    16. Re:Maybe I need to RTFA by ranulf · · Score: 2
      I think... I read the article and it's not particularly clear. But,

      American movie, recording and software executives could be prohibited from entering Australia or extradited to face criminal charges if a copyright protection bill before the US Congress passes into law.

      The difference is that this bill allows the executives to face charges for acts made by anonymous employees at their companies. I really don't see that this has any prior legal precedent in any country and strikes me that it's unlikely to be passed as it would mean that people would be charged for crimes they themselves didn't commit. Ozzie law already allows for the companies themselves to be tried, although as they are US based in this case and you can't actually extradite a company, the law is effectively useless as it stands only allows daughter companies that are based in .au to be tried.

      I think.

      But whatever, I think charging someone who you know did not personally perform the crime, simply because you don't know who did, is wrong.

    17. Re:Maybe I need to RTFA by topham · · Score: 2

      According to atleast one article I saw, but which was hinted at in others, ElcomSoft did distribute copies of the software before or after the demonstration within the U.S. That was a significant mistake. Although, nortmally that would have simply resulted in confiscation...

    18. Re:Maybe I need to RTFA by Anonymous Coward · · Score: 0

      Sorry, but law has always often been and *should* be in my opinion to punish the responsible, not only the slave-worker hired to do so.

    19. Re:Maybe I need to RTFA by ranulf · · Score: 2
      Sorry, but law has always often been and *should* be in my opinion to punish the responsible, not only the slave-worker hired to do so.

      Sure, but how do you go about proving who gave the order to do it? This article suggests that the bill doesn't care who was responsible, instead just arbitrarily assigning guilt to any exec who works for the company.

    20. Re:Maybe I need to RTFA by FunkyChild · · Score: 2

      Yes I have. Har har.

      From reading other articles on online law issues, AFAIK, the way current US law (and that of most other countries too) sees things is that the content of a server is under the jurisdiction of the country that the server is located in. To try and make an analogy to the offline world, outsiders were coming into Russian 'online territory' to buy, rather than Elcomsoft going out into other countries (other countries' servers) and selling it there. Perhaps if Elcomsoft had put it up for auction on ebay, or started a Yahoo! shop or something, it would have been quite different.

      The point I was making is that Dmitry's case is quite different and much less cut-and-dried than outsiders coming in and willfully damaging an Australian's personal property on sovereign Australian soil.

    21. Re:Maybe I need to RTFA by Anonymous Coward · · Score: 0

      oh and how can you have a `World Series` in Baseball ? do the cubans/japanese/S.Koreans get to enter ?

      No, but the Canadians do, fucktard.

    22. Re:Maybe I need to RTFA by Golias · · Score: 1
      The proposed action could have more grave consequences than not being allowed into Australia (oh, gawd no! not that!)

      For example, if megacorporation x happens to have a mission-critical file on their server, which needs to be up-to-the-second to have full value, and is called "matrix.h", imagine if some hacker working for the movie company notices their LAN is connected to a P2P network (because a 2nd Shift help-desk was downloading his favorite anime theme songs). They hack into the network, find what looks to them like a copy of a popular movie (matrix.h), and delete every iteration of it from the network, forcing the company to go to a 12-hour old back-up tape, which the studio also erases remotely while the night-cycle operator, who who just got done restoring the file, takes a bathroom break before removing the tape.

      Shortly after megacorp x's admins work out what happened, the studio is sued for a lot more money than piracy ever cost them.

      Okay, not a likely scenario, but fun to imagine.

      --

      Information wants to be anthropomorphized.

    23. Re:Maybe I need to RTFA by sn00ker · · Score: 1
      I thought that this went for any country other than Australia. I mean, if you commit a crime in another country, you can be charged there if you ever go there. Is Australia the only country speaking up, or are there other countries talking too?
      huh?
      The way I read what you're saying is that breaking another country's law, even if your actions are legal in the country where the event occurred, opens you up to legal sanctions in the event you ever visit that other country.

      I thought it was only Yanks who were that stupid.
      What you're saying is that I can't go to most of the Middle East, because I've been drinking and fornicating - Both highly illegal activities in countries like UAE and Saudi Arabia - in my home country, even though I'm over the age of consent and the age of majority.

      The reason the Aussies can do this is that the event might originate in the US but the affected device would be on Aussie soil - Meaning that Aussie law applies. When I'm at home, getting my brains screwed out and consuming alcohol, the only law that applies to me is NZ law. No other country would try and charge me for those things, unless I were to do them in that other country and break the law in the process.

      --
      "God, root, what is difference?" - Pitr, userfriendly
    24. Re:Maybe I need to RTFA by Xaoswolf · · Score: 2

      No, it's more like if I were to send a mail bomb to australia, when the bomb kills people, I become a wanted man in australia. If the country of my residence has extradition laws, then I get sent to australia for trial. If you living in NZ were to hack into a computer here in america, and proceede to do damage to it, you would then become wanted for computer crimes in america.

  4. lol by Anonymous Coward · · Score: 0

    A dingo's got my TV Exec.

    1. Re:lol by Anonymous Coward · · Score: 0

      nah .. even wild dogs have standards.
      movie execs have rabies, eh

  5. go aussies go!!! by hummer357 · · Score: 2, Interesting

    Well, since a lot of movies are being made in Aussieland, maybe wel'll get to see a lot of visiting MIAA and RIAA people being thrown in the slammer!

    Go Aussies Go!!!

    or maybe they'll blackmail the Australian government into passing similar legislation, on the threat that there won't be any more films made in their country (so: bye bye dollars...)

    1. Re:go aussies go!!! by Crosis · · Score: 1

      A lot of big-budget movies are now made in Australiasia (Australia and New Zealand) including the Matrix series (Oz), and The Lord Of The Rings series (NZ). Apparently it is cheaper down here. There is also a lot of acting talent from this part of the world. Only problem is those damn Australians claim them all as their own.

    2. Re:go aussies go!!! by mozmozmoz · · Score: 1

      No need to blackmail, the arse-licker in chief will no doubt pass federal legislation to honour the wishes of our closest friends and allies, that great nation that is the USA. After all, he's done it on the war on whoever it is this week, the US farm subsidies bill, Kyoto, the anti-torture bill, you name it.

      Excuse me while I puke.

    3. Re:go aussies go!!! by Anonymous Coward · · Score: 0

      Here in kiwiland (NZ) I've heard Australia called 'America for beginners'.

    4. Re:go aussies go!!! by adamjaskie · · Score: 3, Interesting

      Another big reason is the scenery. In NZ i have heard that there is great varaity of scenery. I.E. it goes from grassy plains -> forest -> rocky etc very quickly. Good for making a movie that has many different environments. Also, much of the land looks very "ancient" so it is ideal for movies such as LOTR.

      --
      /usr/games/fortune
    5. Re:go aussies go!!! by Anonymous Coward · · Score: 0

      Like it matters. Australia makes much better movies than the US. Always have and always will. They don't need the US to make their crappy movies there.

  6. Does Australia have an extradition treaty ? by a_peckover · · Score: 1

    If so, does it apply here ? Could the Australian authorities legitimately request the extradition of said media executives ?

    1. Re:Does Australia have an extradition treaty ? by Steve+Cox · · Score: 2

      IANAL, but I'm pretty sure it would and I am pretty sure that Oz has an extradition treaty wiht the US.

      Think of the reverse - if you live in Australia and hack into the Pentagon, I wouldn't consider yourself too safe from prosecution.

    2. Re:Does Australia have an extradition treaty ? by a_peckover · · Score: 1

      Good point.

      Think of all those viruses that emerge from Asia. I'd bet that more than a few of them never touched a computer in their home country, yet the authors will still be arrested by the local authorities.

      The US needs to realise that Joe Evilmediaguy is not above the laws of other nations.

    3. Re:Does Australia have an extradition treaty ? by unoengborg · · Score: 1

      I hope not. That would mean that if you set up
      a service that is illeagal some where in the world
      you could be extradited to that country.

      --
      God is REAL! Unless explicitly declared INTEGER
    4. Re:Does Australia have an extradition treaty ? by spongman · · Score: 3, Insightful

      the problem is that the australian authorities are unlikely to charge these americans under this law. the question is whether extradition is available for civil charges brought by (possibly many) autralians against said americans?

    5. Re:Does Australia have an extradition treaty ? by Fussy+Part · · Score: 1

      That's why you set up shop in a place like Sealand

    6. Re:Does Australia have an extradition treaty ? by Anonymous Coward · · Score: 0

      yeah, and murderous famous sports stars will face the law. just like OJ.

      and greedy drunken traitors will never be allowed to acquire any power. just like george dubya.

      D'oh!

    7. Re:Does Australia have an extradition treaty ? by acb · · Score: 2

      In 2007, a stealth bomber drops a laser-guided glide bomb on the Sealand platform, destroying it. The White House announces the successful destruction of a major terrorist cell/child pornography syndicate. As usual, FOXNews and CNN don't question the party line, though various lunatic fringe sites soon reveal that evidence of such activities was fabricated.

      If you want a secure data haven, build it underground. Deep underground, out of reach of bunker-busting nukes. Or distribute it in orbit, as a network of millions of tiny, highly redundant satellites, so that killing them all without damaging "legitimate" satellites would be next to impossible. Or a global mesh network of nanobots, running a FreeNet-style protocol of some sort.

    8. Re:Does Australia have an extradition treaty ? by SweetCyanide · · Score: 1

      IANAL but... Under English common law (as Australia's system is based on) there has to be reciprocality, i.e. there has to be an equivolent law in the country to which you you apply for extradition.

      So because the action would be legal in the US, OZ would not have a case for extradition, though they could legitimately arrest the perp. if s/he travelled to OZ.

    9. Re:Does Australia have an extradition treaty ? by will_die · · Score: 2, Insightful

      Generally not, most extradition treaties require that it be a crime in both places, and since it would be legal in the US they would good.
      This is the same way that various gambleing site work, the owners all live in places where a gambleing site is legal, but as soon as they would return to the US they would be in trouble.
      It could be interesting if the australian law allowed for payment of monies because then I presume you could sue in the australian courts for the money and since most large corporations have an office in australia the could get money from that.
      The other thing is now some countries have started to be stupid and pass law that say that will arrest people who have commited crimes anywhere in the world. Now if they ever actually do that could cause alot of problems.

    10. Re:Does Australia have an extradition treaty ? by Steve+Cox · · Score: 2

      IANAL again, but the law that would be broken in Oz would be that of hacking a computer system. The US has laws against that (rather draconian ones now as well).

      Does the get out clause for RIAA/MPAA apply? If the laws are now not reciprical, does this mean that the US cannot extradite an Australian for hacking into a computer system in the US?

      Another thing I want to ask is if the new US law gives anyone the right to hack&remove material copyrighted by them, or just the MPAA/RIAA? Hasn't there been rumours of MS using portions of GNU software in Windows?

    11. Re:Does Australia have an extradition treaty ? by Anonymous Coward · · Score: 0

      Actually I think if someone hacked the pentagon from Australia, they would have to be worried about far more then prosecution.

      The CIA and Dept. of Defence do not take very highly to hackers who invade their systems.

    12. Re:Does Australia have an extradition treaty ? by adamjaskie · · Score: 1

      Actually, if you look at the HavenCo website, in their AUP, it says:

      Unacceptable publications include, but are not limited to:

      1. Material that is unlawful in the jurisdiction of the server. For instance, if a customer's machine is hosted on Sealand by HavenCo, content which is illegal in Sealand may not be published or housed on that server. Sealand's laws prohibit child pornography. Sealand currently has no regulations regarding copyright, patents, libel, restrictions on political speech, non-disclosure agreements, cryptography, restrictions on maintaining customer records, tax or mandatory licensing, DMCA, music sharing services, or other issues; child pornography is the only content explicitly prohibited. At the present time, child pornography is not precisely defined; HavenCo is obeying rules similar to those of the United States, specifically a prohibition on any depiction of those under 18 in a sexual context.

      So, they are NOT a "child pornography syndicate" as you say.

      --
      /usr/games/fortune
    13. Re:Does Australia have an extradition treaty ? by Ngwenya · · Score: 1

      Under English common law (as Australia's system is based on)

      Just to be nit-picky, I think Australian law is more akin to Scots law, which is not the same as English. When my mother studied (Scots) law at University, many of the test cases they used were Australian test cases, because the frameworks were so similar.

      --Ng

    14. Re:Does Australia have an extradition treaty ? by funky+womble · · Score: 1
    15. Re:Does Australia have an extradition treaty ? by Dyolf+Knip · · Score: 2

      Since when did a little thing like fact ever stop a powerful government from saying whatever the hell it wants to?

      --
      Dyolf Knip
    16. Re:Does Australia have an extradition treaty ? by Anonymous Coward · · Score: 0

      Australia already has laws that allow someone to be persucuted in Australia for some offenses even though they were commited in foreign countries.

      So far its only been applied to people travelling to south east asia and committing child sex offenses. Mostly because some of the other governments in question have proven unwilling or unable to do anything. In a rather sick twist there are some places where this constitutes a big part of their tourist trade.

      I dont see it ever been applied to US media execs. Likely allegations will be made, money will change hands and then we'll pretend like it never happened.

  7. Whoohoo. by jmd! · · Score: 1, Troll

    This silly law would be worth it if I got to see Valenti behind bars.

    Besides, the whole thing is rather childish. Heck, if the MPAA thinks they can "hack" me, they're welcome to try.

    1. Re:Whoohoo. by Anonymous Coward · · Score: 0

      No shit. This whole thing seems like hot air. There are ways to make systems almost completely secure to any 'hacking'. The only thing they can't guard against are DoS attacks, but if the MPAA starts doing that you know the government will come down on them like a ton of bricks. Hog expensive bandwidth and risk preventing access to online commerce sites that contribute to the American economy *just* to stop a few people from distributing mp3s and movies? Yeah, right. I know our government has its pitfalls, but I'm sure even they have their limits.

    2. Re:Whoohoo. by skotte · · Score: 2

      really? you have more fFaith than i.
      see, i would imagine them doing so without hesitation. and then when it goes to "trial", the defense (you) would claim your computer was shutdown by means of ....... and at this point the judge and everyone else stops listening, just sort of writing it off as some complex technical term. like "a 'denial of service', you say, mm-hmm. clogged ports. right. mm. indeed." the prosecution counters with "how many movies do you have illegally pirated on your system?" "case closed."

      sorry dude, i just dont think the guv'ment has the ability to understand really technical concepts. if they could, there would be no DMCA, fFor example.

    3. Re:Whoohoo. by g4dget · · Score: 2

      They will be able to, after they change the law so that it mandates that you use the next generation Windows running on the next generation Intel chip.

    4. Re:Whoohoo. by withnothingtodo · · Score: 1

      And see, isn't that one of the biggest problems of the government, especially as related to technology and issues affecting and involving technology (which have gotten very prominent and will only continue to do so as technology because more and more intertwined with everythign that we do)?? We need techies to start thinking about politics and becoming politicians. Crazy, i know, but possible, I think.

    5. Re:Whoohoo. by Saint+Fnordius · · Score: 2

      If you think about it, all it takes is the following:

      An Australian ISP suffers an attack originating from Sony Entertainment in the US. A Sony spokesman claims the attack was a legal application of the Berman Law*, directed at a "pirate" on a peer-to-peer network. The ISP files suit, as its legitimate customers suffered from the bandwidth-flooding as well as the accused "pirate".

      As for getting the executives, if they try to hide their attacks behind the Berman Law, then they are assuming responsibility for their company's actions, and thus culpable. It could also well be that one of the programmers hred to carry out the attack could blow the whistle.

      *Yes, I know that Berman's bill isn't a law, but it's a mental exercise. And of course IANAL, but you knew that already.

    6. Re:Whoohoo. by DutchSter · · Score: 2
      Consider too - I have family in various parts of Australia and they all pay for their internet access by the kilobyte. As DOS attacks occur you are literally running both the ISP and customers' bills. On this pay-per-use basis, this is kind of like walking up to my house and turning on the hose faucets and letting them run full blast. The more/longer you do it, the more you are costing me, in real dollars. No imagined "losses" here - "Well I pay $30 a month for unlimited access, and you increased my bandwidth usage for a while..."

      It comes as no surprise that Australia doesn't take too kindly on massive wastings of bandwidth.

      I don't know if this $/kb is standard for internet access or not, but I'm fairly certain it is at least common in some parts. My uncle has been trying to get a flat rate service plan for the past year and it just isn't offered in his area, nor is it scheduled to be.

    7. Re:Whoohoo. by ThePilgrim · · Score: 2

      I thaught that a jury had to be made up of your Pears.

      keep challanging the Jury untill you get 12 geeks

      --
      Wouldn't it be nice if schools got all the money they wanted and the army had to hold jumble sales for guns
    8. Re:Whoohoo. by black88 · · Score: 0

      I caught this last night while surfing, I think it speaks for itself:

      "Then there's Microsoft's Palladium approach and the separate Trusted Computing Platform Alliance (TCPA) project, both of which anticipate the embedding of special security chips in PCs. Since Biden's bill prohibits "illicit authentication features" attached to software, it could become unlawful to distribute software that would run on a Palladium-outfitted computer without Microsoft's permission."

      http://news.com.com/2010-1071-946732.html?tag=fd _o ts

    9. Re:Whoohoo. by 42forty-two42 · · Score: 1

      All data send from my computer are copyright me (c) 2002. Attempts to illegaly gain access will void your licence, forcing me to erase said data from your computer. All rights reserved. Void where prohibited. Restrictions apply.

    10. Re:Whoohoo. by Anonymous Coward · · Score: 0
      I thaught that a jury had to be made up of your Pears.

      You have talking pears? Are they Bosc pears?

      mrg

  8. Let them pass it by Schmelvic · · Score: 1

    I want to see the nasty lashback programs that will be created if this bill goes through. Go ahead - hack my machine at your own risk.

  9. Symbolic threats are meaningless by twilight30 · · Score: 3, Insightful
    I doubt very much the executives themselves will be attempting any cracking of systems here, don't you?

    And please, don't quote the Gandhi 'First, they laugh at you' thing again. Without a concerted effort from other Western nations (at a minimum), the closest thing this approximates is a soggy spitball and straw against a tank.

    --
    ========================================
    Death will come, and will have your eyes
    -- Pavese
    1. Re:Symbolic threats are meaningless by stor · · Score: 1

      > I doubt very much the executives themselves will be attempting any cracking of systems here, don't you?

      Yes. However depending on the case that may not matter: being in a position of authority in a company that engages in these activities may be enough.

      >Without a concerted effort from other Western nations (at a minimum), the closest thing this approximates is a soggy spitball and straw against a tank.

      That's pretty asinine. There is no symbolic threat: this article is highlighting the potential ramifications in Australia if this US bill is passed.

      Irrespective of that I'd say in the (frankly unrealistic) scenario of *ONE* American media exec being arrested in Australia for hacking, there would be noise.

      This is all pretty speculative however. This whole scenario is based on "if" this bill gets passed, which despite my cynicism I can't see happening. It's just easier to say "No, you can't hack people's computers" and avoid facing all the consequences of this bill.

      Cheers
      Stor
      An Aussie 8)

      --
      "Yeah well there's a lot of stuff that should be, but isn't"
    2. Re:Symbolic threats are meaningless by Anonymous Coward · · Score: 0

      I would not care about that. Anyway, the interesting thing is that they can hit wrong computers, that would be considered collateral damage?

      So, they could hack .mil, whitehouse, cia, fbi, nsa, without any legal results?

      Damn, I want to join them!

  10. Lawful authority? by richie2000 · · Score: 5, Funny
    "without lawful authority to do so"

    Wouldn't the bill be considered lawful authority? If Australian law can be applied to US citizens, it's likely (though I ain't anal) that US law would apply to those same citizens.

    Then again, Australia has a long and distinguished record of being a penal colony for the British, maybe it's time to reinstate that concept and ship RIAA and MPAA execs, all of Arthur Andersen, and all Fortune 500 CEOs to a remote part of the Aussie outback. We can even turn it into a spectator sport - Survivor 2.0 - broadcasting it live with free Internet feeds from ROVs orbiting the area. "Will Bill Gates eat Steve Ballmer? Tune in tomorrow on Survivor 2.0, same time, same server!"

    --
    Money for nothing, pix for free
    1. Re:Lawful authority? by David+Byers · · Score: 1

      No, it would not. The law, should the bill pass, would not apply outside the USA.

      If an aussie hack a box in the USA, US courts will consider US law to apply. Conversely, if a damyankee hacks a box in Australia, aussie law applies.

      Australian courts don't care if people in the US hack boxes in the US, and US courts don't care if people in Australia hack boxes in Australia. It's when you start crossing borders that things get interesting.

      This is nothing new. If you travel to Yemen, Yemenite law applies. You can't do stuff and claim immunity because you're an american citizen (you could try, and I'm sure you'd find the experience ... interesting).

    2. Re:Lawful authority? by ColaMan · · Score: 5, Insightful

      Wouldn't the bill be considered lawful authority? If Australian law can be applied to US citizens, it's likely (though I ain't anal) that US law would apply to those same citizens.

      *snort* Laws passed by any sovereign country are only valid inside that country. The USA can pass as many crap bills as it wants - Australian courts would likely tell you to fuck off and give you six months jail for that kind of argument.

      And as for a "long and distinguished record of being a penal colony" 1788 (first landing) to 1868(last convicts shipped off to Australia) is 80 years, and 134 years ago now. So back off, pal.

      Although , we *do* have a lot of desert out there... maybe a survivor 2.0 as suggested would be ok.

      --

      You are in a twisty maze of processor lines, all alike.
      There is a lot of hype here.
    3. Re:Lawful authority? by Anonymous Coward · · Score: 0

      Yes, but we all know full well that the US has ways of circumventing those pesky restrictions. Unless US law really does apply in Norway and Wales!

      It would be interesting to see the FBI arresting a US citizen with the "help" of the Australian authories, and allowing their deportion to Australia for trial, now wouldn't it?

      Yeah, I couldn't keep a straight face while I wrote that, either.

    4. Re:Lawful authority? by chuckychesthair · · Score: 1
      If Australian law can be applied to US citizens, it's likely (though I ain't anal) that US law would apply to those same citizens.
      The US has no problem with applying US laws to citizens in other countries doing things that are legal in those countries (i.e. Sklyarov/Elcomsoft), so it would only make sense if other countries do the same.

      In this case it would ofcourse relate to acts performed in Oz that are illegal under Oz law..

      CC
    5. Re:Lawful authority? by Anonymous Coward · · Score: 0

      The country now-formally-known-as USA was also used as a British penal colony.

    6. Re:Lawful authority? by Anonymous Coward · · Score: 0

      "Then again, Australia has a long and distinguished record of being a penal colony for the British"

      yea typical responce from dumb ass fucken americans

    7. Re:Lawful authority? by gnalre · · Score: 3, Funny
      And as for a "long and distinguished record of being a penal colony" 1788 (first landing) to 1868(last convicts shipped off to Australia) is 80 years, and 134 years ago now. So back off, pal.

      However not quite long enough to remove the chip from the shoulder obviously

      --
      Choose your allies carefully, it is highly unlikely you will be held accountable for the actions of your enemies
    8. Re:Lawful authority? by flippet · · Score: 1

      "Will Bill Gates eat Steve Ballmer? Tune in tomorrow on Survivor 2.0, same time, same server!"

      I'm getting an image of them doing a Battle-Royale stylee thingy... 3 days, 1 survivor...

      --
      "Cattle Prods solve most of life's little problems."
    9. Re:Lawful authority? by Caged · · Score: 1

      Excuse me for sounding just a tad bitter however:

      a) If an Australian broke a US law, in Australia, the Australian courts would happily agree that the USA has jurisdiction if someone actually bothered to prosecute.

      b) If a US person with money/political power broke an Australian law *and came to Australia/or while in Australia* you can bet your sweet ass that the USA would block any such attempt or our own USA-ass-kissing govt would interfere and kill off any such action.

      Witness the increase of agricultural subsidies in the USA while trying to encourage us to lower OUR already small tariff's, mouthing the phrase 'free trade' as an example of 'one rule for us, different rules for the world'

    10. Re:Lawful authority? by mozmozmoz · · Score: 1

      Australia has a long and distinguished record of being a penal colony for the British, maybe it's time to reinstate that concept and ship RIAA and MPAA execs, all of Arthur Andersen, and all Fortune 500 CEOs to a remote part of the Aussie outback.

      Why not, we've already got the concentration camps set up and manned by sadistic prison guards. Run by the experts too (US multinational...).

      Sorry, I meant to say "processing centers for illegal immagrants", which are not like prisons (they're worse) and are definitely not concentration camps (because, um, the occupants kill themselves, that's it, we don't kill people in them).

    11. Re:Lawful authority? by nathanh · · Score: 5, Insightful

      Or continue the hypocrisy with...

      c) If an Australian broke an American law while in Afghanistan then the Americans will kidnap the Australian and hold him illegally without representation in a US military base.

    12. Re:Lawful authority? by EasyTarget · · Score: 5, Funny

      However not quite long enough to remove the chip from the shoulder obviously

      Be British, Go to America, make a comment about 'Visiting the Colonies', listen to reaction, smile knowingly to yourself.

      Be American, Go to Britain, make a comment about 'Having to save your asses in every war', listen to reaction, smile knowingly to yourself.

      Trolling had a long aural tradition before Usenet was invented.

      --
      "Oops, I always forget the purpose of competition is to divide people into winners and losers." - Hobbes
    13. Re:Lawful authority? by hplasm · · Score: 1

      Pay Per view!! I'd buy that for a dollar!!

      --
      ...and he grinned, like a fox eating shit out of a wire brush.
    14. Re:Lawful authority? by joshua404 · · Score: 0
      *snort* Laws passed by any sovereign country are only valid inside that country. The USA can pass as many crap bills as it wants - Australian courts would likely tell you to fuck off and give you six months jail for that kind of argument.

      That's very naive of you. Considering the amount of money big studios bring to Australia (several major films have been shot there including both parts of the latest Star Wars Trilogy, the Matrix trilogy, and many others). AU's government will go right along with whatever the MPAA types want, as long as it keeps the money flowing.

    15. Re:Lawful authority? by panurge · · Score: 1

      What on Earth have the native Australians, who have already been largely exterminated by the descendants of Brits, done to deserve RIAA execs? I thought Australia had signed the UN Declaration on Human Rights, which forbids that kind of thing.

      --
      Panurge has posted for the last time. Thanks for the positive moderations.
    16. Re:Lawful authority? by gatesh8r · · Score: 2
      Will Bill Gates eat Steve Ballmer?

      *shudders* I don't think I want to know...

      --
      Karma whorin' since 1999
    17. Re:Lawful authority? by SeanTobin · · Score: 1

      Absolutley correct. Its not like US law would apply to any visiting russian programmers or anything.

      --
      Karma: SELECT `karma` FROM `users` WHERE `userid`=138474;
    18. Re:Lawful authority? by nolife · · Score: 1

      Ever see the "Running Man" with Arnold Schwarzenegger? Does not appear to be as much a fictional as it once was.

      --
      Bad boys rape our young girls but Violet gives willingly.
    19. Re:Lawful authority? by FeatherBoa · · Score: 1

      Explain this to James Sabzali. Mr Sabzali ran his own business in Canada, selling water purification equipment to Cuban institutions. Later he moved to Philadelphia to work directly for the chemical company Brotak, which had supplied most of the materials. Mr Sabzali was convicted of breaking trade embargo against Cuba on seven charges relating to his years in Canada and now faces a maximum sentence of more than 200 years in jail.

    20. Re:Lawful authority? by shri · · Score: 2

      Specially if its this monkey boy!

    21. Re:Lawful authority? by ruhk · · Score: 3, Interesting
      Then again, Australia has a long and distinguished record of being a penal colony for the British...
      One thing I hate about the American educational system is the way in which we cover history. America was used more extensively by Britain as a penal dumping ground than any other Crown colony bar none. Further, Australia was barely used as a penal colony. The vast majority of colonists in Australia were neither indentured nor criminal. They chose to go. Of course, teaching history in such a way that we don't paint ourselves as The Greatest Country In The World (Now With Extra Freedom!) (tm) would be unpatriotic.
      --



      404 Error: .sig not found.
    22. Re:Lawful authority? by Anonymous Coward · · Score: 0

      Be Australian: Know that anybody with a long family tree in your nation was a murderer or some other variety of thug....

      Revel in your national heritage, I guess.

    23. Re:Lawful authority? by PTBarnum · · Score: 1

      The article you cite is very sparse on detail, but it sounds as if Mr Sabzali's Canadian company was still exporting purification equipment to Cuba while Mr Sabzali was a US resident. If I am reading this correctly, he was not prosecuted for his actions while in Canada, but for his actions while in the US.

      Without a lot more detail, it is hard to judge just how much involvement and control Mr Sabzali had with the exporting which happened after he moved to the US, which in my mind is key to determining how much legal merit this case has.

      Mind you, I think the whole Cuba embargo law is extremely silly, so I don't think there is any moral merit to this case, but I'm just trying to figure out the legalities.

    24. Re:Lawful authority? by Anonymous Coward · · Score: 0

      Actually the United States is reducing the farm subsidies program in conjunction with the Doha agreement. Australia is happy about that. Australia is NOT happy about the EU raising their farm subsidies though.
      Australia is also VERY happy about the possibility of a USA - AUS free trade agreement (it's coming sooner than you think)

    25. Re:Lawful authority? by c13v3rm0nk3y · · Score: 1
      Be Australian: Know that anybody with a long family tree in your nation was a murderer or some other variety of thug....

      Or simply owed a lot of money to some asshole land-owner. Usually after you were evicted from your land and taking a job in one of the newly industrialized factories. Working for shit pay, no doubt.

      Many of the "crimes" that got a lot of poeple shipped off to the colony-du-jour by the British Empire were no more heinous than the ones that /.ers have such healthy discussions over. You know, things like: Looking at source code. Exploring firmware. Making a few copies of some songs to see if you want to buy the CD/DVD.

      Really thuggish things like that.

      --
      -- clvrmnky
    26. Re:Lawful authority? by Vlad_the_Inhaler · · Score: 1

      At a guess, the executives would not even need to go to oz. If their companies indulged in such activities against computers in Australia, then conspiracy laws could be applied. In an extreme case, the company could be held to be a criminal organisation.
      Wonder if that would really work.

      --
      Mielipiteet omiani - Opinions personal, facts suspect.
    27. Re:Lawful authority? by Reziac · · Score: 2

      Actually, I sometimes wonder if being too long since it was a penal colony has given rise to some of the more-absurd political practices we read about in Australia today -- what was that flap last year about your new internet restrictions, backed by some politico who is notorious for fence-sitting?

      134 years ago, like as not such nonsense would have been laughed at and duly ignored, just as 200 years ago, the crap pulled in current American politics (DMCA etc.) would have been shouted down. Seems when life gets easier all around, and gov't takes on a life of its own, the spine tends to be removed from the people.

      I'm reminded of this tagline:

      "Eat the rich. The poor are tough and stringy."

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    28. Re:Lawful authority? by StevenMaurer · · Score: 2, Flamebait
      a) If an Australian broke a US law, in Australia, the Australian courts would happily agree that the USA has jurisdiction if someone actually bothered to prosecute.

      Really? Do you see the Dutch being pressured to turn over drug addicts to US courts?

      Maybe you mean someone committing a crime in the US and fleeing to Australia? In that case you're correct - the US and Australia have an extradition treaty, effective since 1976.

      b) If a US person with money/political power broke an Australian law *and came to Australia/or while in Australia* you can bet your sweet ass that the USA would block any such attempt or our own USA-ass-kissing govt would interfere and kill off any such action.

      You mean, like this?

      Actually, you have it quite the reverse. Before an American murderer will be shipped back to the US, the Aussie Attorney-General must be assured that the person will not be subject to the death penalty. The US imposes no such non-reciprocal conditions on the Australians.

      c) If an Australian broke an American law while in Afghanistan then the Americans will kidnap the Australian and hold him illegally without representation in a US military base.

      Illegally?

      According to who, pal?

      Legalities are nicities that we all talk about to deal with civilian misbehavior during peacetime. During wartime (I hope I'm not shattering your worldview) groups of people systematically plot to go find groups of other people and commit what would otherwise be called first degree murder - not only without "representation", without even a trial!.

      In war zones, enemy combatantants are lucky to be merely detained. In the real (third) world, they are quite often quietly and unceremoniously killed. Only first-world armies such as the US actually follow the Geneva convention.

    29. Re:Lawful authority? by richie2000 · · Score: 2
      It just said "lawful authority", would it not at least be possible that an Australian court could recognize even the corrupt and substandard American legal system[1] as being a "lawful authority". It does not specify "lawful Australian authority only, mate".

      So back off, pal.

      I'm not saying that Australia didn't turn out real good - I just used that as an excuse to ship them off somewhere and Australia has a lot of outback - some of it has even already been used as a nuclear testing ground by the filthy Pommies[2]. I guess we could ship them to Greenland, but the inuits would probably be pissed.

      That leaves the Arctic, the Sahara desert, Siberia and launching them in a degrading orbit around the Sun. The last is too expensive (I personally think it would be worth it) and if we poison the Polar Bears, Greenpeace will come after us with their impounded harpoons. The Sahara? Too many innocent nomadic tribes. Siberia it is, then. They have a long and distinguished record of being a penal colony for (in chronological order) the Russians, the Soviet Union and the Russians[3]. If we're lucky, we may be able to find an old camp still in working order (=no food, no heat, how difficult can it be?).

      Oh and BTW, just for the record: I'm not an American imperia-/capitalist swine either[4]. ;-)

      [1] Another torch! Feel the heat!
      [2] Turn it up, baby!
      [3] Striiiike three!
      [4] Off the scale!

      --
      Money for nothing, pix for free
    30. Re:Lawful authority? by arkanes · · Score: 2

      Pay Per view!! I'd buy that for a dollar!!p. No, no, no. You would "aquire a license to view that", for $19.95, plus tax, per viewing, per viewer.

    31. Re:Lawful authority? by kst · · Score: 1

      *snort* Laws passed by any sovereign country are only valid inside that country.

      Tell that to Manuel Noriega.

    32. Re:Lawful authority? by Anonymous Coward · · Score: 0

      >Be American, Go to Britain, make a comment
      >about 'Having to save your asses in every war',
      >listen to reaction

      Would it go over better if we phrased it as "Having to save and/or kick your asses in every war"?

    33. Re:Lawful authority? by Anonymous Coward · · Score: 0

      Sorry, but here in Australia we don't support Guilt by Association, we require such things as Evidence, Due Process and the Judiciary.

      Meanwhile David Hicks can't even get a lawyer to come and see him, as the US government keeps saying that under THEIR law he isnt entitled to one. Yet all the US citizens picked up in Afghanistan have been able to get their day in court.

      Don't try to talk clever about issues you dont understand.

    34. Re:Lawful authority? by oh · · Score: 1
      Legalities are nicities that we all talk about to deal with civilian misbehavior during peacetime. During wartime (I hope I'm not shattering your worldview) groups of people systematically plot to go find groups of other people and commit what would otherwise be called first degree murder - not only without "representation", without even a trial!.

      In war zones, enemy combatantants are lucky to be merely detained. In the real (third) world, they are quite often quietly and unceremoniously killed. Only first-world armies such as the US actually follow the Geneva convention.

      If a country (even a third world country) held US soldiers after the end of the colflict there would be hell to pay. Look at the US attitude to vietnam. Even though the rate or MIAs in vietnam was much less then in other conflicts (such as wwII) the US used it as an excuse for sanctions for something like 15 years.

      The thing that really gets me is automatically assuming that the Taliban are terrorists. They were a government that the US was prepared to deal with, and supply money to (search one of the major news sites, it was early september 2001).

      Now even if you think the afghans should have handed Bin-Laden over without the US presenting evidence (think if it had been the other way arround, see below), the US invaded.

      I can't blame some one for defending their country. If some other country landed troops because GWB refused to hand over a war criminal, would you pick up a gun and defend your country?

      Does that make you a war criminal to?

      Interesting links. If you want information, search for Union Carbide in you favorite news site

      summary of India-US extradition treaty

      An article on court procedings. How can some one refuse to be extradited?

      Articly critical of the indian governments handeling

      --
      Democracy isn't about no one telling you what to do. It's about everyone telling you what to do.
    35. Re:Lawful authority? by Anonymous Coward · · Score: 0

      Is that why the US won't approve of US citizens [their soldiers] being subject to the International Court of Haag? American and Israel are the only western countries refusing to obey International Law.

      Do you think that is because their soldiers never commits any warcrimes?

    36. Re:Lawful authority? by Mandelbrute · · Score: 2
      Illegally?

      According to who, pal?

      Probably everyone but the US military. Imprisonment without trial is generally consider a bad thing - and they are saying that he is not actually a prisoner of war.

      David Hicks is probably as guilty as hell, but we won't really know until he gets a trial will we? Ironically, those captured by a former USSR state have been tried and convicted, long before David Hicks has charged or allowed to see a lawyer. One thing which offended Australians a great deal was the offer to release David Hicks to Australia, as long as we promised to find him guilty in the trial. Our justice system doesn't work like that, we have the trial first and decide guilt near the end - just like the USA.

      Only first-world armies such as the US actually follow the Geneva convention.
      But the USA didn't agree to the Geneva convention, and doesn't follow it. You've been watching too much "Hogan's Heroes", it's not the 1940's anymore - things (like the Geneva convention) have changed.
    37. Re:Lawful authority? by Blackhalo · · Score: 1

      What The XXAA and member companies may not have considered when crafting this bill is, that while the primary focus of this legislation is to prevent U.S. citizens from using P2P software and to penalize them if they do so, the internet, like commerce, is now GLOBAL. As such, if they violate international laws they most likely will suffer damage to their international business. I suspect that a LARGE portion of XXAA and member companies revenues come from sources outside the U.S.A. and it is this revenue that will suffer if they violate international laws. So, no need for the CEO of SONY corp. to pay a personal visit to Australia to penalize him, he will suffer the consequences when his shareholders start to wonder where all the profits went.

      --
      "There is nothing to do it. But to do it." -Floyd Pepper
    38. Re:Lawful authority? by TekPolitik · · Score: 2

      And as for a "long and distinguished record of being a penal colony"...

      However not quite long enough to remove the chip from the shoulder obviously

      Actually, I always used to respond to Americans who liked to taunt Australia for its history as a penal colony by pointing out that the original United States were also penal colonies. Unfortunately it seems I was wrong. Based on extensive research by reading email in my inbox that has come from America, it seems that in fact America is not and was not a penal colony. Rather it is and was a penile dysfunction colony.

    39. Re:Lawful authority? by StevenMaurer · · Score: 1
      Illegally? According to who, pal?

      Probably everyone but the US military.

      The US is not without its international supporters. But you (and that moron moderator who modded my comment "Flamebait") still miss the point: Legalities are what come as a result of the work of armies. If the US military hadn't "illegally" (according to the Hirohito government) killed Japaneese soldiers, you probably wouldn't be alive today.

      Imprisonment without trial is generally consider a bad thing - and they are saying that he is not actually a prisoner of war.

      Imprisonment of civilians in a non-war setting is generally considered a bad thing. Imprisonment of an enemy-combatant (as opposed to what you usually do to them) is generally considered a good thing. Note that to recieve the benefits of being a prisoner of war, a combatant must have satisfied four very specific conditions.

      David Hicks is probably as guilty as hell, but we won't really know until he gets a trial will we?

      I believe that it would be in the US's best long-term interest to eventually release Hicks to his government. But that does not mean the US doesn't have a right to hold him under the Geneva convention.

      Only first-world armies such as the US actually follow the Geneva convention.

      But the USA didn't agree to the Geneva convention, and doesn't follow it. You've been watching too much "Hogan's Heroes", it's not the 1940's anymore - things (like the Geneva convention) have changed.

      Oh really? Funny, with a two minute search on google, I found a direct refutation. Furthermore, while Congress never ratified the 1977 additional protocols, the administration and every subsequent one agreed to follow it. Maybe you should do a little research before you go making false assertions.

  11. Hang on a minute! by Anonymous Coward · · Score: 3, Insightful

    The UK has similiar legislation, and I'm pretty sure most of the rest of EU has similiar legislation.

    Does this mean that movie executives will not be able to travel outside of the US at all?! Cool!

    Yeah, so I'm a dreamer. I know full well that Tony "Grining Laky" Blair would never arrest an American movie executive for something like this. It would make George Bush (His pal) cry, and we can't have that!

    1. Re:Hang on a minute! by MoonFog · · Score: 1

      It seems so .. I guess 90 % of the european contries have a law that prohibits unauthorized access to computers, making that legislation ( if it is passed ) only valid in the US ( and probably a couple of other places ), which again leads to the law having very little effect I would guess.

    2. Re:Hang on a minute! by timmyf2371 · · Score: 1
      In the UK we have "Citizen's Arrest" which entitles citizens to arrest people and report them to the authorities, at least in theory.

      If it was possible to prove a computer had been compromised by a media company (RIAA/MPAA?) would we legally be entitled to make a citizen's arrest?

      I remember a while back a journalist did this with Robert Mugabe, but there was no happy outcome.

      Any thoughts from UK /.ers?

      Tim

      --

      Backup not found: (A)bort (R)etry (P)anic
    3. Re:Hang on a minute! by AftanGustur · · Score: 2


      Does this mean that movie executives will not be able to travel outside of the US at all?! Cool!

      Didn't Disney executives have an US aircraft carrier sent to Pearl Harbour just before the opening of the film ??

      ... the United States, like every other state past and present, pursues policies that reflect the interests of those who control the state by virtue of their domestic power, ...
      Noam Chomsky -- Necessary Illusions (c) 1989

      --
      echo '[q]sa[ln0=aln80~Psnlbx]16isb572CCB9AE9DB03273snlbxq' |dc
    4. Re:Hang on a minute! by lightcycler · · Score: 1

      "The UK has similiar legislation, and I'm pretty sure most of the rest of EU has similiar legislation."

      The UK is trying to pass a bill which makes it illegal to intentionally or accidentally make a computer slow down without the permission of its owner. There's no monopoly on clueless politicians abroad.

    5. Re:Hang on a minute! by Tim+Browse · · Score: 2

      In the UK we have "Citizen's Arrest" which entitles citizens to arrest people and report them to the authorities, at least in theory.

      That reminds me of one of the funniest jokes I've heard in ages. The TV series "Armstrong and Miller" featured a parody of detective drama series on TV, and featured a cranky police detective who was essentially insane - he talked to his invisible friend, "Chuffy" who was a man dressed as an old-fashioned train driver.

      Anyway, after being thrown off the force, while drinking in the pub and building one of his drink-fuelled paranoia stories, he decided that someone in the pub was "The Murderer!", and smashed a glass and attacked him.

      Cut to him being led away by uniformed police, and protesting, "It's alright Officer - it was a Citizen's Glassing!"

      I laughed for a long time. :)

      Tim

    6. Re:Hang on a minute! by Anonymous Coward · · Score: 0

      No. To make a citizens arrest you have to actually witness the crime taking place. Which means you would have to be watching them over their shoulder, and then you'd be on US soil anyway.

      Nice try though. By they way, I'm the original poster of the parent, and I'm from the UK.

    7. Re:Hang on a minute! by dun0s · · Score: 1

      Not sure how relevent this is... however there was a /. story on an amendment to the UK's Computer Misuse Act (1990):

      "This bill is an amendment to the Computer Misuse Act 1990 which bans Denial of Service attacks by name"

      --dan

    8. Re:Hang on a minute! by WeedMonkey · · Score: 1



      Looks like it's time to take SETI@home off the Oracle servers....

  12. wow by RiotXIX · · Score: 1, Flamebait

    A country that obeys the current law rather than change it for "special" people (you know, the ones with corporate money).

    Weird.

    --
    "You know you don't act like a scientist, you're more like a game show host." Dana Barret
    1. Re:wow by spongman · · Score: 2

      oh you're talking about australia right there, 'cos australia never fucked over the rights of the common people in favor of their poloticians.

    2. Re:wow by Anonymous Coward · · Score: 0

      This isn't flamebait. He's making a point about how BOUGHT OUT America is. How the only thing this stupid fuckin cuntry cares about is $$$. WORSHIP YOUR GOD. $$$

      In the past people would do anything for their god.
      Now people do anything for money.
      SO WORSHIP YOUR GOD YOU FUCKIN HEATHENS.

      And yes i meant to mis-spell country up there. ITS A POINT. LIKE THE PARENT POST.

  13. This is news? by bass2496 · · Score: 1

    Australia has a law against hacking. Most countries do nowadays. America might pass a law that gives copyright holders the right to hack infringers in America. Like the earlier AC said, it isn't news that US law only applies the US, and breaking into Australian computers has to do with Australian law. Of course, there have been many recent Internet cases where laws from one country end up being misused and forced upon other countries, so who knows what might happen?

    1. Re:This is news? by Anonymous Coward · · Score: 0

      Well noted. I'm constantly amazed by the number of people who seem to think that US law overrules foreign laws like US federal vs US state laws or EU vs EU nation state laws.

      If the MPAA/RIAA want hacking rights worldwide they'll just have to buy Aussie politicians too. Cheapskates.

  14. I hope those execs are happy in the US by unoengborg · · Score: 1

    Those execs will probably have to stay in the
    US, hacking is illegal in most countries,
    not just in Australia.

    --
    God is REAL! Unless explicitly declared INTEGER
  15. Not just aussies people!!! by sofar · · Score: 3


    Same laws that prohibit entering and breaking in computer systems are in effect all around europe, and personally, I as a dutch person would love to see someone from the RIAA or MPAA hang in front of the new ICC in The Hague (That would be a laugh!)

    DoS my gnut and come over if you dare!!!

    1. Re:Not just aussies people!!! by lennart78 · · Score: 1

      It would be a walking distance from my house.

    2. Re:Not just aussies people!!! by DHam · · Score: 1

      Sorry, that's not what the ICC is for. Irritating though having the **AA attack your computer might be, it hardly counts as a war crime or a crime against humanity (although some of the crap put out by the media industry possibly should be :-).

      The executives concerned would have to be hauled up in front of the local courts somewhere (here in Delft would be nice, I'd go and watch).

      David

    3. Re:Not just aussies people!!! by Anonymous Coward · · Score: 0
      Sorry, that's not what the ICC is for.

      Yet. If you don't think the ICC will experience "mission creep," you're sadly mistaken. It's only the first of many steps for the Europeans to reestablish colonial control over the "unwashed savages" of the developing world, with votes in the UN bought and paid for with their generous aid packages (read: bribes).

    4. Re:Not just aussies people!!! by sofar · · Score: 2

      > It's only the first of many steps for the Europeans to reestablish colonial...

      Remember that the US agreed to the treaty declaring the ICC in Rome a few years ago, and over 70 countries have already ratified it, including more non-european then european countries.

      Think first next time before you reply

    5. Re:Not just aussies people!!! by Anonymous Coward · · Score: 0
      The US agreed to the treaty because A) we thought we could make it less crappy (and we were somewhat successful) and B) Bill Clinton wanted to give Bush a headache to deal with

      including more non-european then european countries

      That's the "foreign aid" in action. As in, vote our way or you might not get any foreign aid.

    6. Re:Not just aussies people!!! by SN74S181 · · Score: 1

      Okay. So 70 neo-colonial regimes have ratified it already.

      That doesn't change the point being made at all.

    7. Re:Not just aussies people!!! by sofar · · Score: 2

      > to reestablish colonial control over the "unwashed savages" of the developing world

      Then tell me why the US is so terrified by it, it seems to me the US could very well be the forefighter for the ICC if they would back it up and thus generate a consent that internationally would be respected (Meaning that the US may make mistakes too but not necessarily act like warcriminals).

      Now the shear fact that the US is trying to get around the ICC suggests to me the are declaring themself guilty.

      This is much worse than european neo-colinism: all european countries have just stated they are bound to exactly the same international laws (on warcrimes and against humanitarian suffering) as any former colony.

      so, what is your point?

    8. Re:Not just aussies people!!! by Anonymous Coward · · Score: 0

      love to see someone from the RIAA or MPAA hang in front of the new ICC in The Hague (That would be a laugh!)

    9. Re:Not just aussies people!!! by SN74S181 · · Score: 1

      all european countries have just stated they are bound to exactly the same international laws

      For 'international laws' substitute: laws based on western values of 'the individual over the society, freedom over security' etc.

      I am not going to defend things like the autonomy of the local people in Guam to decide what is right and what is wrong (I just pulled that country name out of the hat to may an illustration). However, I am certain that the people in Guam might want to defend their autonomy.

      They can't if the only means they have is to send delegates to sit in a nameless bureaucracy in Europe somewhere.

      Why should there be one set of laws for the whole world? What happened to self government?

    10. Re:Not just aussies people!!! by sofar · · Score: 2

      Please read (from http://www.un.org/law/icc/statute/romefra.htm). So that you may become enlightened and embrace the thing that all human beings want: A safer place to live and peace on earth.

      --
      Article 7
      Crimes against humanity

      1. For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

      (a) Murder;

      (b) Extermination;

      (c) Enslavement;

      (d) Deportation or forcible transfer of population;

      (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;

      (f) Torture;

      (g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;

      (h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;

      (i) Enforced disappearance of persons;

      (j) The crime of apartheid;

      (k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

      This is a typical section of the statute. Please write to your republican congressman or senator that you absolutely think that the US government should back this treaty up.

    11. Re:Not just aussies people!!! by Anonymous Coward · · Score: 0

      Now the shear fact that the US is trying to get around the ICC suggests to me the are declaring themself guilty.

      Funny, just about all of Europe signed an agreement with Karzai granting their peacekeepers immunity from extradition to the ICC. Does that mean the Europeans are going around committing war crimes in Afghanistan? Not bloody likely.

  16. All I have to say is by Anonymous Coward · · Score: 0

    muhahahahahahahahhahaahahahahahahahahaha!

    What goes around comes around.

  17. Its O.K, Australia is safe by Anonymous Coward · · Score: 1, Funny

    The just have to call them Illegal Combatants, then International Law doesn't apply. Thanks George!

    1. Re:Its O.K, Australia is safe by macdaddy357 · · Score: 1

      International law only applies to the losing side of a war. No winning side was ever put on trial for war crimes.

      --
      How ya like dat?
    2. Re:Its O.K, Australia is safe by Anonymous Coward · · Score: 1, Interesting

      International law, however, has tried to put Kissinger on the stand to testify in regard to his relation with Pinochet. He was served with a summons in Paris, but skipped town on the first flight available.

    3. Re:Its O.K, Australia is safe by Capsaicin · · Score: 1
      International law only applies to the losing side of a war.

      Nope. Only a small area of international law deals with war, or human rights. Check out the kind of cases decided by the International Court of Justice, mainly disputes involving off-shore mineral and fishing rights and the like.

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
  18. Black/While/Grey by xA40D · · Score: 5, Insightful

    Things are right, wrong, or grey.

    If something is wrong don't do it. Take cracking or DoS attacks. Totally wrong. Lock them up and throw away the key.

    But you start to legislate that it's okay for some users (I don't care how much money Hollywood has, they are still users just like you and me) to crack and DoS others then you make it grey. So the next time you catch a cracker you've got a much harder job dealing with him. And the next time it's harder still. And fairly soon cracking just becomes one of those things you live with.

    At least the Aussies are doing their hardest to keep it black and white.

    But I don't think it makes much differance. The US Government doesn't seem to give a toss about what the rest of the world thinks. As long as those campaign contributions keep pouring in nothing else matters. (Don't you just love democracy.)

    --
    Do you mind, your karma has just run over my dogma.
    1. Re:Black/While/Grey by Anonymous Coward · · Score: 0

      I think the legal term is quid pro quo or something similar.

      During the Nuremberg Trials for instance, German Admiral Doenitz had to be acquitted for ordering his U-boats to attack merchant convoys crossing the Atlantic after US Admiral Chester Nimitz confessed to issuing similar orders to his submarines in the Pacific.

      If this is good for severe crimes and severe offences against ius in bello, it surely is only a matter of time until it is good in comparatively harmless cases like hacking/DoS as well...

    2. Re:Black/While/Grey by maetrix · · Score: 1

      This doesn't surprise me in the least. Up here in Canada, the US Government rushed through tariff legislation to appease their own labour board, why not do the same for Hollywood? Or AOL with their vast empire of Trademark ownership?

      When will the US Government ceast this protectionism agenda and work towards a more harmonious system?

      I'm also reminded of the Helms-Burton act where One provision forbids executives of companies dealing with Cuba using U.S. property and their families from entering the U.S..

      Perhaps I'm being paranoid, but it does make me wonder when all of this is going to end. I live in canada, damnit.. I don't want to be constantly looking over my shoulder for Uncle Sam.

      --Maetrix--

      --
      Dum spiro, spero --While I Breathe, I hope.
    3. Re:Black/While/Grey by unoengborg · · Score: 1

      The only thing that can stop this contributions
      pouring in is if there is no profit in it.

      So stop buying DVD, stop going to the movies
      and stop pirating them. That is make film not
      part of your life for a couple of years.

      Follow good old American traditions from the Boston tea party as soon as you see CDs/DVDs for sale.

      Those RIAA, MPAA people pose serious threats to US
      democracy. This hacking issue is only one aspect of
      it. The DRM stuff is far more serious as it will
      build an infrastructure for information control.

      --
      God is REAL! Unless explicitly declared INTEGER
    4. Re:Black/While/Grey by viperblades · · Score: 1

      if teh XXaa starts hitting goverment targets i can see a bad reaction happening there. like when they visit they are arrested. but of course they'll problably just be bribed............

    5. Re:Black/While/Grey by Our+Man+In+Redmond · · Score: 2

      Don't you just love democracy.

      Yes, yes, I do. I often wish we'd give it a try. *sigh*

      --
      Someone you trust is one of us.
    6. Re:Black/While/Grey by HiThere · · Score: 2

      Not that I buy DVDs. I don't even own a DVD player. But please remember that most of the tea thrown into the harbor was quitely hauled back out again, without paying for a tax stamp.

      Yes, it was a political protest. And it was a bunch of rowdies getting out of hand. And it was tax evasion. And it was blatant theft. But the victims were rich British merchants, so that was all right.

      Some how school history books always seem to simplify what actually happened. They are rather like newspapers, and at least equally biased. But if you nose around, you can usually find hints that things were a lot more complicated than what got reported.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    7. Re:Black/While/Grey by Anonymous Coward · · Score: 0

      Democracy as applied by the founding fathers of the US, was to be government of the people, by the people, for the people.

      Now, it's government of the people, by the rich and powerful (corrupt elite), for all powerful corporations.

      Sadly, true democracy in the US is an illusion - as are most things in the US - all show and no go.

      Now we've got Bush and his wackos creating a massive police state under the illusion of "the war on terror". I keep wondering when we'll end up living in a world like that depicted in the movie "Escape from LA".

      So, don't be surprised when the US government passes heinous legislation at the bequest of the rich, powerful, Hollywood lobby. Amusingly, and as is quite typical for most legislation passed so far under the Bush administration, it is not thought through properly.

      As for the lack of consideration for the international aspect here. The sad truth is most Americans don't understand, believe, nor care that there are other countries outside the US - their world, it seems, ends at the US border.

    8. Re:Black/While/Grey by Anonymous Coward · · Score: 0

      "The US Government doesn't seem to give a toss about what the rest of the world thinks."

      Actually, it seems to me that sometimes US Goverment cares only about what the rest of the world thinks. I mean, why the hell else would we be sending troops to Israel and such? Pretty damn stupid of us to waste our resources defending their country.

    9. Re:Black/While/Grey by Anonymous Coward · · Score: 0

      At least the Aussies are doing their hardest to keep it black and white.

      No, Bush just hasn't asked Howard to pass similar legislation here yet.
      As soon as he does I'm sure Johnny won't think twice (or should that be once?) about following our American friend.

    10. Re:Black/While/Grey by oneade · · Score: 1

      The US Government doesn't seem to give a toss about what the rest of the world thinks. As long as those campaign contributions keep pouring in nothing else matters. (Don't you just love democracy.)

      'Don't you just love capitalism'

    11. Re:Black/While/Grey by KinCross · · Score: 1

      Out of curiosity, does the bill provide for a certain set of requirements before the cracking can occur? Is there a certain set of requirements that the crackers have to meet in order to do it?

      If not, then I might as well create one copyrighted work and then start cracking to my heart's content.

      --
      -- secret asIAN man (not Secret Asian Man)
  19. How much does it cost? by Epeeist · · Score: 3, Funny

    How much does it cost te set yourself up as a recording company in the USA? If you are a recording company and this law passes then presumably all you need to do is to have a suspicion that the RIAA is stealing your copyright material and away you go.

    1. Re:How much does it cost? by Associate · · Score: 0

      Exactly! But don't set yourself up as a recording company. Just copyright something. And when you get sued for breaking into someone's computer, say you were anti-copyright-infringment-hacking. Just stay off the DoD computers when you use this excuse.

      --
      Someone hates these cans.
    2. Re:How much does it cost? by foo12 · · Score: 1

      Just however much it costs to have incorporation papers filed --- not much at all.

    3. Re:How much does it cost? by Xenographic · · Score: 1

      RTFL--unfortunately, they crafted the law so that it only applied to P2P systems which are *NOT primarily located in the USA* Since I assume that all their servers are in the USA & they don't run any P2P apps, no you can't legally DoS them.

      While it's a crappy law, they did pretty good about making sure that ONLY they can use it. IMO, that's one of the worst features of it & hopefully that's what will get it killed. Hopefully there are a *few* congresscritters who will recognize what a BAD idea this law is, though...

      (Hey Boucher! Be sure to lambaste/fillibuster/ect. This stupid thing if it ever gets to the floor, please! Urge them not to "legalize hacking and spamming" [they attack the P2P servers by spamming them with fake files & other stuff] and not to make stupid laws that grant special priviledges to a select few and that this will cause a lot of international uproar & vigilante justice online, which could hurt the economy by unleashing utter *CHAOS* on this nation's critical electronic infrastructure!)

  20. But they WILL have lawful authority! by skinfitz · · Score: 1

    'a person must not gain access to, or enter, a computer system or part of a computer system without lawful authority to do so'

    The whole POINT of the new bill is to GIVE them 'lawful authority to do so' so how does this law apply? I think they will need to make it more specific.

    1. Re:But they WILL have lawful authority! by Anonymous Coward · · Score: 0

      No, the bill gives authority for them to do it in the U.S of A. No authority in Australia or anywhere else.

      Despite the behaviour of our US-pandering Prime Miniter, your average Australian doesn't give a toss about the laws in the USA, and won't hesitate a second to throw them in jail for their illegal activities. Not that it will ever actually happen ;)

    2. Re:But they WILL have lawful authority! by Anonymous Coward · · Score: 0

      The new bill only gives them lawful authority in the US. Duh! Also read the acts interpretation act (or equivalent) for Vic.

    3. Re:But they WILL have lawful authority! by kuiken · · Score: 1

      That mightbe the point in th US of corporations, but that doesnt make it so in the rest of the world. (countrary to what current USA president thinks, ok maybe in the UK since Blair seems to have as much backbone as an amoebe)

      --

      42
    4. Re:But they WILL have lawful authority! by 10Ghz · · Score: 2

      "The whole POINT of the new bill is to GIVE them 'lawful authority to do so' so how does this law apply?"

      By your logic, some country could make it legal to kill americans. Then a citizen of that country comes to USA and kills dozens of people. As the cops try to arrest him, he'll just show them the law-books from his country and say "see, according to our laws, it's legal to kill americans. Therefore I haven't broken any laws. As I haven't broken any laws, I'll be going now. Ta-ta!"

      What's that? It doesn't quite work like that? That guy has to obey US laws when he's in USA? So... Wouldn't that mean that the movie studio fat-cats must obey Australian laws if they operate in Australia? That's what I thought...

      --
      Lesbian Nazi Hookers Abducted by UFOs and Forced Into Weight Loss Programs - -all next week on Town Talk.
  21. well by martissimo · · Score: 3, Insightful

    i know that if i go pay a man to kill my wife that i can be charged with murder.

    if Rosen pays someone to hack for her why shouldn't she be responsible for it in the same fashion

    1. Re:well by Elbereth · · Score: 3, Insightful

      When was the last time you heard of a celebrity getting arrested for cocaine possession and serving a minimum sentence?

      The laws don't work the same when you're rich and famous. Don't be so naive.

    2. Re:well by Anonymous Coward · · Score: 0

      Hi, go to college, take econ 101 et all. Learn why corperations exist (other than tax reasons). Then post.

      Thanks!

    3. Re:well by Loligo · · Score: 1

      >i know that if i go pay a man to kill my wife
      >that i can be charged with murder.

      Actually, you'd be charged with conspiracy to commit murder.

      Serious, but not first degree murder territory.

      -l

    4. Re:well by Anonymous Coward · · Score: 0

      >Hi, go to college, take econ 101 et all. Learn
      >why corperations exist

      Hi. Go to elementary school and take spelling 101, et al. Learn why dictionaries exist.

  22. the joys of global law. by benson+hedges · · Score: 2, Interesting

    those are the problems that can, and will arise more and more, the more we communicate and exchange globally. remember the Yahoo! lawsuit where a french court ordered them to block french people from access to neonazi sites? Same problem. In the us, there is no law that would block you from viewing nazi stuff (I'm not from the us, but I think that's covered by the 2nd amandment to the constitution), but in france, it's illegal. Or, the story about the italian police shutting down an us-based website because of blasphemous content. It's the same in realworld-land. say, you go to holland, smoke a joint in a coffeeshop, and then go to a land where the consumation of marijuana is illegal. eventhough you smoked it in holland, where you are allowed to, you can still get fined for drug abuse elsewhere. we live in a global word (sorry for that buzzing), with laws that apply to local groups. this will be a problem for quite some time. just think, there are probably lands where child porn is legal, or where critical writing about politicans is illegal.. all sorts of problems. the only solutions I can think of would be "one global law" (which is pretty much impossible before there is one global land), specific "net laws" that state that "analog laws" do not apply to the internet anymore, or anarchy. don't ask me what would be best, I'm a geek, not a philosopher. :)

    --
    Karma : Soylent Green (Mostly due to eating junk food and mocking religion)
    1. Re:the joys of global law. by acb · · Score: 2

      Have any US citizens been successfully prosecuted under US laws for smoking marijuana in the Netherlands?

    2. Re:the joys of global law. by will_die · · Score: 2, Insightful

      None, and there is nothing that stoppes a US citizen from going to netherlands and smoking marijuana, just don't bring any back with you.
      However at the same time if the company you worked for had a drug policy that restricted drug use and you tested has having used drugs, just thoses during the time you where in the netherlands, you would probably not have a defense saying You only used them in the Neterlands where it is legal.

    3. Re:the joys of global law. by buzy+buzy · · Score: 1

      Drugs are not legal in the Netherlands.
      The police just don't prosecute for minor infractions. (although some would say they don't go after major infractions either).

      --
      If you get modded down for a first post... What do you get for a last post?
  23. executives? by hajmola · · Score: 1

    shit, and i just upgraded to ELF.

  24. UK has a similar law. by _Shad0w_ · · Score: 1

    The UK's Computer Misuse Act says much the same, but I suspect extradicion is out of the question, you could however arrest them as soon as they stepped foot on British soil (or possibly European soil if Eurowide arrest warrants come in to force).

    I like the prospect of arresting any RIAA offical entering Europe.

    Text of the UK act can be found here. This is incidently the law which has an addition pending atm, specificly making DoS attacks illegal, mentioned in an earlier /. article, which I can't be bothered to try and find.

    --

    Yeah, I had a sig once; I got bored of it.

    1. Re:UK has a similar law. by Anonymous Coward · · Score: 0

      (3) In relation to an offence under section 3, either of the following is a significant link with domestic jurisdiction-

      (a) that the accused was in the home country concerned at the time when he did the act which caused the unauthorised modification; or

      (b) that the unauthorised modification took place in the home country concerned.

    2. Re:UK has a similar law. by Anonymous Coward · · Score: 0

      Well RIAA companies have also local representations in Europe ...
      Their local executives would have the choice between closing or go to jail.

    3. Re:UK has a similar law. by _Shad0w_ · · Score: 1

      All that says is that the computer they attacked as to be within UK jurisdiction or the person commiting the offense has to be within UK jurisdiction. If they attack a server within the UK, they commit an offence under the law. It just stops you prosecuting people for doing things from outside the UK to outside the UK.

      --

      Yeah, I had a sig once; I got bored of it.

  25. Cracking computers == breaking and entry... by FyRE666 · · Score: 2

    Since the most important company information, and indeed in many cases the company assets are stored on electronic media, I'd say that cracking a company's computer network is a more intrusive crime than smashing in the door to their offices and stealing the hard-copy.

    I don't think even our politicians in the UK are quite corrupt enough to consider passing a law to allow this kind of behaviour from corporates with big pockets. Hopefully it really is the sort of thing we'll only see going on in the US...

  26. Re:Hang on a minute! (Ask the European guy) by benson+hedges · · Score: 1
    All EU countries have strict laws that disallow anyone, except for military intelligence agencies and specific police task forces, to hack into anything.

    The only thing record companies could do is go to court and ask for an allowance to ask the police to please hack computer X, which would not only cost a fortune, but also take a veeery long time, considering the amount of red tape involved.

    --
    Karma : Soylent Green (Mostly due to eating junk food and mocking religion)
  27. hmmm... by i_have_no_name · · Score: 0

    if the bill (?) passes in the US who knows, john "loves the bush" howard might want to change our laws so they can advantageous to american business.

  28. Wrong dept., timmy by Talisman · · Score: 3, Funny

    It should be from the butt-butt-butt dept.

    I expect that bad things happen in Aussie jails...

    "G'day, mate! Wouldya like jelly or syrup?"

    (((shudder)))

    Talisman

    --

    "Study your math, kids. Key to the universe." -The Archangel Gabriel
    1. Re:Wrong dept., timmy by Anonymous Coward · · Score: 0

      Jelly or syrup? Jelly or syrup?
      At least *we* don't boil our sausages anymore.

    2. Re:Wrong dept., timmy by Quila · · Score: 2

      "Looking for a clue, looking for a clue, oh how I wish I had a clue..."

      He's referring to certain nasty practices in jails that execs usually don't experience in the U.S. because they go to country-club prisons.

    3. Re:Wrong dept., timmy by Anomaly+Coward · · Score: 0

      "G'day, mate! Wouldya like jelly or syrup?"

      (((shudder)))


      I assume that's a euphamism for rape? Over here in the states we just call it "Bubba gets his groove on."

  29. OJ got away with murder -- money will win out by Anonymous Coward · · Score: 0

    There's no way that anyone famous or powerful would go to jail. These people are above the law. Halle Barry did a hit and run, Winona will probably walk on the shoplifing, Lizzie Grubman has yet to do any time, OJ got away with murder, etc.

  30. Re:Hang on a minute! (Ask the European guy) by EJB · · Score: 2

    There's no need to. If you have proof that a computer is used to infringe copyrights, then under the laws of several European countries, you can ask the judge for the right to destroy or seize the computer.

    If you don't have proof, you're not likely to get anything out of a judge except an invoice. I would hope that even under that silly US law, the record company would need to have proof before hacking into someone's computer.

  31. Well done Australia... by Anonymous Coward · · Score: 0

    ...for making the bloody Americans realise that they can't make their laws apply worldwide.

    I'm moving to Australia as soon as I can - they evidently have clue.

    1. Re:Well done Australia... by Anonymous Coward · · Score: 0

      I'm moving to Australia as soon as I can - they evidently have clue.

      I see. So what was all the Internet censorship and retarded broadband rollout business all about?

    2. Re:Well done Australia... by jquirke · · Score: 2

      know what you are talking about. The censorship was to score political points and does not actually change anything..

      As for broadband, DSL is widespread here and becoming reasonably priced - eg US$25-40 a month - hardly unreasonable.

      It's the cable that sucks, but that's only in Melbourne & Sydney.

      --JQuirke

  32. Good work. by Anonymous Coward · · Score: 0

    You've successfully proven that US Law doesn't apply in australia. What next? News Flash! Legos can be used to build things! C'mon, who's picking these stories?

    1. Re:Good work. by Anonymous Coward · · Score: 0

      You've successfully proven that US Law doesn't apply in australia.

      Amazing how many Americans, especially the ones in high places, don't actually realise this, though.

  33. The summary is misleading... by Critical_ · · Score: 1

    Technically speaking, if the law passes in the US, it would make hacking legal for the companies. Since most corporations have to be sued as an entity but not the individual, I doubt this will work on studio executives. I could imagine that if a studio hacked an Austrialian computer system, then the studio would be help liable and could be technically sued for infringing upon the rights of Austrailians. I fail to see how you could implicate a studio executive unless they specifically authorized it themselves, then they might be held liable. I guess complicated laws are why we lawyers, right?

    1. Re:The summary is misleading... by Salsaman · · Score: 2
      Oh yeah, then how come Dmitry was locked up for writing software for his company Elcomsoft ?

      Surely whats sauce for the goose is sauce for the gander.

    2. Re:The summary is misleading... by Anonymous Coward · · Score: 0

      The execs wont be doing the actual hacking... Dmitry wrote the software.

  34. Um, look again folks, this is a strange one... by gorehog · · Score: 2, Interesting

    "Under section 9a of the Victorian Summary Offences Act (1966), 'a person must not gain access to, or enter, a computer system or part of a computer system without lawful authority to do so'. The penalty if convicted is up to six months' jail."

    and

    "...if Californian Democrat congressman Howard Berman's copyright protection bill, which allows cracking of computers, passes into law."

    Well, it seems to me that if the American bill does become a law then it will not be a long journey to find sympathy among the Australian government. Keep in mind that Australia and the US have good relations, particularly when it comes to law enforcement. The pasing of this law by the American Government may be all the "lawful authority" that the Australians require. The important thing is to write your congressman and senators, to anyone you can. Point out that this law would be like allowing business owners to booby-trap their places of business. It would also open a loophole by which ANY vicious hacker would gain the "right" to viciously hack, simply by releasing an album on his own label and then "finding" mp3's being shared on peer-to-peer.

    1. Re:Um, look again folks, this is a strange one... by Quila · · Score: 4, Insightful

      The pasing of this law by the American Government may be all the "lawful authority" that the Australians require.

      The break-in would be occurring in Australia, not the U.S. If such international authority of U.S. law existed, there would be no law besides U.S. law. Remember the Helms anti-Cuba act, which let the U.S. sanction any foreign business doing business with Cuba? That didn't go far because the EU (which does lots of business with Cuba) didn't like the U.S. trying to extend our laws onto their turf.

      Claiming immunity under the Campaign Contributor Hacking Permission Act might have just the same effect.

      Contrary to calling congressmen to stop this thing, I'm thinking of calling them to keep it going. It's a gamble, but this law is sooo bad on both sensible and constitutional grounds (14th Amendment) that maybe it'll be the one to finally raise public awareness as to what's going on.

      Aussies, time to amend your act to say that if someone performs hacking as a company employee, all officers in that chain of command are liable for jail terms up to the level the general action was even informally approved. We know Rosen loves the idea, so bye-bye.

      Interestingly enough, Valenti is backing off because he realizes the bill allows any copyright holder to hack, not just the big guys.

    2. Re:Um, look again folks, this is a strange one... by Anonymous Coward · · Score: 0


      Keep in mind that Australia and the US have good relation

      a good relation???? god just recently a member of the opposition overhere stated our PM's latest visit as a bit of an "arse licking" occasion...
      im sure if it came to Aus. laws having to be changed with the current govt. it would happen straight away with no question..

    3. Re:Um, look again folks, this is a strange one... by DataSquid · · Score: 1

      Didn't go far? Tell the Canadian who's doing time for selling Cuba city water filtration systems about ten years ago... When he was in Canada... Working for a different company. Got sent up this year. We don't like them extending laws onto our turf either, but we have to keep up the pretense that we're the USA's best buddy. Still.

      --

      DataSquid.net, a little about me.
    4. Re:Um, look again folks, this is a strange one... by Quila · · Score: 2

      Doesn't that predate the Helms-Burton act? Anyway, I meant didn't get far in Europe, because someone finally had the balls to stand up to us.

  35. Better alternative to DCMA/hacking computers. by Anonymous Coward · · Score: 0

    WHY NOT SIMPLY ENFORCE THE CURRENT LAWS?????

    I can't understand what the f*ck is wrong with these people. The copyright law exists today. Why not use the police to track down and prosecute all the criminals on napster clones, gnutella net, whatever net?

    What is the problem? No matter how much it's encrypted in the end your machine connects to another machine and download the copyrighed material so you can always trace people commiting crime. When a million or so people a day does this kind of crimes the police should be busy doing something about it.

  36. I'm so glad I live in Australia by acehole · · Score: 1

    Does this mean that they'd have to limit who they 'hack'?

    If they can't attack citizens of countries that the amendment does not have juristiction over does that mean they'd have to check into where they come from?

    What about if I use a system in America to do my downloading? I'm in Australia, but the system is in America... how would that play out?

    on a side note, because of the prices of cable/adsl here not many people can download vast amounts. Maybe if I sell that spare kidney I have I might be able to get adsl.

    --
    Be you Admins? nay, we are but lusers!
  37. the executives themselves by oliverthered · · Score: 1

    In the UK conspiricy to commit a crime often carries a longer sentence than the crime.

    (a crime must be commited before you can be tried for conspiricy , freedome of speech and all that).

    I assume that AUS is simila seeing as it was collonial, and probably adopted quite a few english laws

    --
    thank God the internet isn't a human right.
  38. Steve the Crocodile Hunter by Associate · · Score: 5, Funny

    I envision Steve, the Crocodile Hunter, sneaking up on a Recording Exec and sticking his thumb up his bum hole. Ah, this one's angry! Look at his markings. He's a beaut'. Now ordinarily we would let him go. But, as it turns out this is one of the most dangerous creatures in the world. Up there with Lawyers and US Congressmen. No, instead, we're going to take this one back with us. We'll put him in a nice safe place where he can listen to Britney Spears all day long.

    --
    Someone hates these cans.
    1. Re:Steve the Crocodile Hunter by Pig+Hogger · · Score: 4, Funny
      I envision Steve, the Crocodile Hunter, sneaking up on a Recording Exec and sticking his thumb up his bum hole.
      Why just the thumb? Let it have the whole fist!!!
    2. Re:Steve the Crocodile Hunter by NeoSkandranon · · Score: 2

      Why just the fist? Up to the elbow man...

      --
      If you can't see the value in jet powered ants you should turn in your nerd card. - Dunbal (464142)
    3. Re:Steve the Crocodile Hunter by Rocky · · Score: 1

      "Elbow deep inside the borderline..."

      "Show me that you love me and that we belong together..."

      --
      "I'm an old-fashioned type of guy. I worship the Sun and Moon as gods. And fear them."
    4. Re:Steve the Crocodile Hunter by Anonymous Coward · · Score: 0

      We'll put him in a nice safe place where he can listen to Britney Spears all day long.
      -----

      Doesn't Australia have any laws against cruel & unusual punishment??? Man, I had no idea you hated them that badly!

    5. Re:Steve the Crocodile Hunter by Guru2Newbie · · Score: 0

      ...and pull out his heart!

  39. Down under and copyright vs consumer rights by Anonymous Coward · · Score: 2, Insightful

    This isn't the first case where copyrights versus consumer rights have been clashed (often with the consumers winning):

    1) Jukebox CD burner machines are legal
    2) A small video chain wins case with respect to rental vs retail DVD prices
    3) Use of Mod chips in Playstations ruled to be legal
    4) DVD zoning currently under investigation by the local consumer protection watch dog
    5) Watch this space.... (probably a few more)

    Is there something culturally different between the two continents?

    Or is it that some people in Australia believe that all this extra copy protection (real and legal) does nothing for the problem and harms the legitimate users?

    [Coward hiding under his rock]

  40. ahahahah by Anonymous Coward · · Score: 0

    ahahahah

  41. Re:Hang on a minute! (Ask the European guy) by GutBomb · · Score: 2

    apparently they simply inform the DoJ that they are going to do it, and if they don't hear a "no" within 7 days, they go for it.

  42. U.K. Computer misuse act by Anonymous Coward · · Score: 0

    ...contains a similar clause

  43. Would this apply in the UK? by Anonymous Coward · · Score: 0

    I'm not sure but in the UK we have The Computer Misuse Act - I wonder whether such actions would also contravene UK law?

  44. whats the big deal! by tanveer1979 · · Score: 2

    I dont want to be trolling, but come to think of it most countries have laws which Prohibit breaking into computer networs. I cant seem to get the point in this story. Of course of you crack a EU computer, you will be punished as soon as you go to EU. Whats happening to slashdot.. This is no news! Whats Next "Stealing Illegal in germany....Murder illegal in sweden..."

    --
    My Aurora : http://www.youtube.com/watch?v=o91ZsGwJYyg
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    1. Re:whats the big deal! by XavierXeon · · Score: 1

      Stealing is illeagl in germany ?

      What strange laws they have there !!

    2. Re:whats the big deal! by Anonymous Coward · · Score: 0

      Eh, burglary LEGAL in US... as long as done with computer.

  45. What always bothered me by Anonymous Coward · · Score: 0

    ...is how they are supposed to know if you're from the US or not? Last time I checked, US laws didn't apply for us Finns.
    (Of course! They could use the nifty patented geo-dns-lookup-thingy that was discussed here some time ago!)

    And why is this news anyway? US law != World law, no matter how much you'd want it to be. (I sure don't. I don't want to go to work knowing that every other person that i pass on the street is carrying a Magnum.) It's bloody common sense for crying out loud! Laws passed in one coutry only applies to that country. Soon just about every country has anti-hacking (or cracking, to be correct) laws, which means **AA execs could get arrested if they go abroad. If I hear **AA execs are coming to Finland after they start cracking, by god I'll give the police a call!

  46. Movies made down under by yuri+benjamin · · Score: 2, Informative
    and The Lord Of The Rings series (NZ). Apparently it is cheaper down here

    In the case of LoTR, the dude behind it, Peter Jackson, just happens to be a New Zealander. It's made here because Jackson is doing it at home instead of overseas.

    BTW: Weta Studios are using Linux - oooeee I mentioned Linux on /.

    --
    You make the mistake of thinking you can educate the fundamental stupidity out of people. You can't.
  47. Not to put too fine a point on it by twilight30 · · Score: 2
    ... but while your suggestion is valid, given that the Anglo-American legal system, from participants to the laws themselves are not really looking out for the techie/geek, do you really think that this law is going to have any effect?

    Another poster in this forum suggested that Canadian extra-territoriality law has some relevance (as a Canadian, I'm inclined to agree) -- to wit, our laws to do with your Cuba embargo (Helms-Burton being the most recent example) specifically hold the American act and its provisions to be invalid in Canada. I imagine the Aussie law to be much the same sort of thrust. Then again, how many of you Americans are aware of the Canadian law? Do you know how many cases have been brought to trial? The number of cases can be counted on one hand with a couple of fingers missing. And, truthfully, how many of you could care less?

    Anyway, this is all a moot point. All this talk is not going to force US-based 'meeja' executives to resort to e-mails and conference calls only, no matter how much the constituency here wants to see it done. Unfortunately.

    --
    ========================================
    Death will come, and will have your eyes
    -- Pavese
    1. Re:Not to put too fine a point on it by mwood · · Score: 1

      "Another poster in this forum suggested that Canadian extra-territoriality law has some relevance (as a Canadian, I'm inclined to agree) -- to wit, our laws to do with your Cuba embargo (Helms-Burton being the most recent example) specifically hold the American act and its provisions to be invalid in Canada."

      Okay, I need a clue -- are you saying that Canadians can be arrested for *not* doing business with Cuba?

  48. How? by jaavaaguru · · Score: 1

    Steve White says the Berman bill is "stupid and counterproductive", and he believes it will lead to an online arms race as PC owners and the networks seek to thwart the efforts of copyright holders.

    Yeah, they'll have to get through my firewall and figure out my SSH passwords first. Do they have a hope in hell? How exactly do they intend getting access to computer systems. Realistically, a lot of home computers (the non-geek ones) don't even have any form of remote access software running (at least not until MS convinces them to "upgrade" to XP).

  49. No, they won't by PastorOfMuppets · · Score: 1

    This may come as a shock to you, but the US is not the only government in the world; so if Australia (or any other country) doesn't want to recognize the new-found authority of the **AA's as "lawful", they don't have to.

    --
    If you don't have anything nice to say, shut up you stupid prick.
  50. Re:Hang on a minute! (Ask the European guy) by hdparm · · Score: 1
    Not so if this bill is passed as requested. They are asking for allowance to take any action they consider appropriate (I think DoS is on their mind) bypassing existing laws.

    They want to be able to do this even without any evidence for their claims.

    I see this bill passed before November. If US government can close their eyes over much more serious issues (ask Iraqi and Yugoslavian children about depleted uranium warheads), they won't even blink because of few computers being 'collateral damage'.

    Australian or laws in any other western country are of no importance - money influence will always prevail.

  51. Muppet by MosesJones · · Score: 1

    Honestly this get modded up ? Its just flag waving neaderthal rubbish. Do you seriously think that invading countries makes you look anything more than a fool ?

    And remember when it comes to those Media execs.... the biggest and baddest of them is Murdoch... and guess where he comes from ?

    --
    An Eye for an Eye will make the whole world blind - Gandhi
    1. Re:Muppet by FeloniousPunk · · Score: 1

      Invading a friendly country to save [i]movie execs[/i] must be grounds for mutiny.

      --
      I know this because Tyler knows this.
  52. Could be, but won't be. by autopr0n · · Score: 2

    Yes, and they can be exicuted if they traveled to China.

    But, they won't be.

    --
    autopr0n is like, down and stuff.
  53. The only solution... by stor · · Score: 1

    G'day, Stor frum Oztraya 'ere.

    Dunno what you boys are on about but I reckon we should do what we usually do and give 'em a mighty good kick up the bum, Simpson's style.

    Cheers
    Stor

    --
    "Yeah well there's a lot of stuff that should be, but isn't"
  54. Re:Lawful authority? - OT by BoBaBrain · · Score: 2, Interesting

    For the record, in 1732 England opened Georgia as a penal colony.

    --
    I am a Karma Library.
  55. Australia's PM == Bush's poodle by acb · · Score: 2

    The Australian federal government is currently controlled by the Liberal Party, which is sort of like the Republicans except without the Christian Coalition. I.e., a socially conservative, pro-corporate party. In addition, the Prime Minister loves Bush and would do anything for him, from unconditionally committing Australian troops to any U.S. military campaign to neglecting to raise agricultural trade issues when visiting the U.S. If the U.S. asked him to, he would push hard to indemnify MPAA/RIAA cracking/DoS attempts in Australia, under the guise of "protecting movie industry investment" or "harmonising computer crime laws".

    The upper house is dominated by the Liberals, but they don't have a majority; the balance of power is held by the fashionably left-leaning Democrats, who would probably oppose a Bermanesque law here. Though if the Labor opposition (think like Tony Blair's mob in the UK) is persuaded to get behind it, the Democrats are irrelevant.

    1. Re:Australia's PM == Bush's poodle by cthugha · · Score: 3, Informative

      ...the balance of power is held by the fashionably left-leaning Democrats, who would probably oppose a Bermanesque law here.

      I have doubts about that. The Dems supported the Copyright Act Amendments (Digital Agenda) Act 2000 (i.e. the Australian DMCA) and, like the Labor Party, tend to support the entertainment industry. Given their courting of the corporate dollar before last year's election (publicity of which they tried to avoid by holding fundraiser events at undisclosed locations), they're just a little too close to the vested interests in this issue for my tastes.

      It's entirely possible that any sort of Bermanesque bill will pass without any significant opposition, which, given that the media tends to only report issues about which there is political conflict, means that there would probably not be much coverage at all.

    2. Re:Australia's PM == Bush's poodle by Anonymous Coward · · Score: 0

      The Democrats no longer hold the balance of power, as of about a week ago.

    3. Re:Australia's PM == Bush's poodle by kubrick · · Score: 2

      the balance of power is held by the fashionably left-leaning Democrats

      I thought that Meg Lees now holds the balance of power, if the Democrats vote with Labour and the independents vote with the Libs. (It's all a bit hard to work out at the moment, before the current state of affairs has been tested on the floor of the Senate.)

      And given that Natasha Stott-Despoja prefers to be fashionably anti-corporate, Meg would vote for pro-corporate laws just to spite her.

      --
      deus does not exist but if he does
    4. Re:Australia's PM == Bush's poodle by Anonymous Coward · · Score: 0

      I believe the term you are looking for is (to quote Latham) 'arse licker'. I did not vote for the current Australian Government. Although I generally disagree with violent politics I really think Howard, Ruddock, Downer and Abbott need shooting.

    5. Re:Australia's PM == Bush's poodle by mino · · Score: 1
      the Liberal Party, which is sort of like the Republicans except without the Christian Coalition

      Heard of The Lyons Forum?

      Christian fundamentalism has a fairly powerful place in Australian politics. Just not a public one.

  56. Lawful authority, but only in the US by Saint+Fnordius · · Score: 4, Interesting


    The way I see it, the Australians are calling the game right. What the law is essentialy allowing is vigilante vandalism within the US. It's the same as if the MPAA/RIAA sent goons over to whack your home entertainment system with baseball bats.

    Now even if this were allowed in the USA, it ain't allowed in Australia*. Even if the target is an American, as soon as the goons start vandalising Australian property, they're subject to Australian jurisdiction. Their corporate masters could aso be charged for giving the orders ("taking out a contract").

  57. Invasion != declaring war by SgtChaireBourne · · Score: 1
    IIRC only congress can cause the U.S. to declare war. However, the U.S. president does have the authority to send in military units and create a situation that will lead to congress declaring war. Having the authority to send military units is also different from having the support of international communities and laws.

    More power to the Australians. For a good measure, they can add a clause that the execs should be rolled naked in jellyfish prior to sentencing.

    --
    Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
    1. Re:Invasion != declaring war by N+Monkey · · Score: 1
      More power to the Australians. For a good measure, they can add a clause that the execs should be rolled naked in jellyfish prior to sentencing.
      Struth no! They'll be queueing up at immigration if they hear that!
    2. Re:Invasion != declaring war by iamplasma · · Score: 1

      Well yes, the executive always has controlled the armed forces, and even much of foreign affairs. However, the legislature could always just pass a law forbidding military action against X nation, and that'd be binding on the executive.

      As an Australian, I'm baffled by what the particular problem here is. Is somebody trying to suggest we're wrong to have anti-hacking laws? How dare we be so unreasonable as to disallow people breaking into personal and business computers for nefarious purposes? What's next, banning theft? Especially ironic is most of the complainers would likely be US people, at least we don't have the DMCA :).

    3. Re:Invasion != declaring war by iamplasma · · Score: 1

      /me reads article more thoroughly /me feels stupid
      Okay, it's the Americans getting paid out for their absurd "hack everyone on kazaa" laws, more than the Australianans for our laws. Fair enough, I only skimmed the article, and the gist of the /. posting seemed to suggest it was somehow implying that Australia was the "stupid" party here

    4. Re:Invasion != declaring war by kiwimate · · Score: 2

      So, what's the benefit of declaring war? AFAIK, congress still hasn't declared war over the World Trade Center attacks -- that's why it's still a "war on terror". Can you only declare war against a nation?

    5. Re:Invasion != declaring war by slutdot · · Score: 4, Informative

      Well yes, the executive always has controlled the armed forces, and even much of foreign affairs. However, the legislature could always just pass a law forbidding military action against X nation, and that'd be binding on the executive.

      No it isn't. The president can invoke the War Powers Act of 1973. It allows for 60 days of war-like activity without the intervention of Congress. The president is required to consult with Congress first but that usually never happens. The issue of a president causing a war is only a problem when there is enough backlash to stop him/her from doing so. I'm not trolling but there won't be much backlash against a war ever since the Vietnam War caused so much division in the country. Anti-war advocates are generally written off as anti-American by the public and their cries for a halt to aggressiveness is largely ignored.

      Blame the 60's and early 70's for america's war-like culture. Well, you can also blame other countries/organizations for trying to kill Americans just because they're Americans but people don't like to talk about that.

    6. Re:Invasion != declaring war by s.a.m · · Score: 1

      That is correct. The benefit of having Congress declare war means that they will work the budget to get you the resources to actually FIGHT the war.

      Untill such resources are granted, everyone needs to stay in their budgeted amount of money. It's been quite some time since congress HAS declared war. They're very selective what they call wars. If we waited on them to declare war before the president does anything then a LOT of what has happened the past, eg Gulf War, would not have happened.

    7. Re:Invasion != declaring war by Rich0 · · Score: 1
      The reason why the notification is sporadic is because there is some controversy over whether the act is constitutional. Much like the DMCA, presidents would rather just go along with it and bend the rules than risk an adverse court ruling.

      Congress declares wars, the executive branch makes war. Congress always has the ability to impeach a president who chooses to just take over the world if that isn't in the national interest. I think that the flexible system that currently exists is probably a good compromise, despite the obvious limitations.

      As far as invading Australia goes - the US does not typically intervene in foreign countries for the release of a few citizens who are arrested under local due process. Look at all the hippies who were arrested in Japan when they assumed that local drug possession laws were as lenient as they were in the US. The US enjoys numerous benfits from having free trade with allied nations, and bullying them around is something that even well-lobbied officials tend to think twice about. When it comes to matters of national defense there is strong public interest in pushing the agenda, but nobody is going to vote for a president who started a war with Australia of all places to defend some record executives who were dumb enough to travel there of their own free will. Maybe if the Aussies kidnap them in the US it would be a different story - but that obviously won't happen either.

    8. Re:Invasion != declaring war by HiThere · · Score: 2

      Study history a bit more. However tragic, it still won't open people's eyes. Does it cause the Isralli to stop attacking the Palestinians? On the contrary. The human reaction is "Make them pay!", and we rarely see our part in initializing the actions.

      If someone has attacked you, you quickly hate and fear them. You may have provided the cause, you may not. It does't matter. This can easily escalate into intercine violence, where the only solution appears to be either one side or the other wiping out it's enemy. Then they had better hope that their prior enemy didn't have any close relatives, and that they don't have any nervous neighbors. It's really a *whole* lot better if conflicts can be resolved without introducing violence. But there are always bullies around who make this difficult. And they rarely have the insight to realize that they are turning their entire environment into a more and more dangerous place for them to live. Until eventually someone tries to kill them. Then they go all virtuous. And they still don't understand why.

      Sometimes people are quite depressing. Almost everyone is well meaning. Nearly everyone is helpful and even reasonably friendly. But those few who aren't can sometimes do so much damage, that it can wipe out the positive contirbutions of thousands over years in an eye-blink.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    9. Re:Invasion != declaring war by LupusUF · · Score: 1

      The whole declaring war thing is really just for show anymore. After Nam, people realized that you don't even need to declare war for an extended campaign.

      Anymore the government is more likely to simply decide to "liberate" the people of the offending country from their governments, and put a new one in place.

      Really, the only chance of our declaring war again is if a powerful country (one that we cannot topple in about a week or so) really pisses us off. For example, if China were to start bombing the USA, we would likely declare war on them.

    10. Re:Invasion != declaring war by iamplasma · · Score: 1

      Well, there you're citing an act, where Congress has given the power to the executive to act. It hardly means that they cannot then pass another law repealing the War Powers Act and replacing it with the "Peace Act" which then stops the action. Heck, if they REALLY REALLY wanted to, you could cram a quick constitutional amendment through to get the same effect if you needed a more authoritative statement, though admittedly that's massive overkill and would take forever.

    11. Re:Invasion != declaring war by Archfeld · · Score: 2

      NO the Aussie's are the ones with their heads on correctly here. It us damn'd Yanks and our farked up government that is MOST CERTAINLY in the wrong here.

      --
      errr....umm...*whooosh* *whoosh* Is this thing on ?
  58. not really a threat... by Anonymous Coward · · Score: 0

    It's not exactly a threat. Maybe there wouldn't be this sort of thing if the crazy Americans stopped voting in looney's who think legistlation such as this will solve some companies woes.

  59. RIAA Execs in Woomera by cranos · · Score: 1

    At last we have come up with a proper use for the camps at Woomera. Instead of locking up the asylum seekers we can put the execs there when their companies hack our machines.

  60. So do most states . . .. by werdna · · Score: 4, Informative

    The conduct complained of here would also violate computer crime laws in most states. Thus, while Valenti might avoid federal prison for violation of the CFAA, he might still have to face charges and related civiil actions for violation of State laws in Florida.

    Absent an express preemption clause, the bill would not have the desired effect for its authors -- and if they added an express preemption clause, the bill might become defective as unconstitutional under a host of theories.

    1. Re:So do most states . . .. by PMuse · · Score: 2, Informative

      From Berman-Coble: 514. Remedies for infringement: use of technologies to prevent infringement of copyrighted works on peer-to-peer computer networks (a) IN GENERAL.--Notwithstanding any State or Federal statute or other law, ...

      Pre-empting state law is part of what Berman-Coble intends. They'll claim their authority comes from commerce clause and copyright clause powers.

      From the U.S. Constitution: Art. I Sec. 8: The Congress shall have power . . . To regulate commerce with foreign nations, and among the several states . . . ; To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries; . . ."

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
  61. Re:OMG by malsdavis · · Score: 1

    I think the whole of the US actually has a problem realising that US draconian laws only apply to the US (thank god).

  62. Try again by cafeman · · Score: 2

    Lawful authority means lawful in terms of jurisdiction. USA != Australia, therefore if the law doesn't overlap (as it doesn't in this case), it's not lawful. No-one will read this post unfortunately, but the courts here in Oz do not always follow governmental preference. Witness Mabo for an example. If they don't like the law, think it's unjust, or think it's encroaching on their territory, they get pretty pissed.

    --
    This is your life, and it's ending one minute at a time.
  63. I never thought the idea of... by Anonymous Coward · · Score: 0

    Jack Valenti being gang-raped by a pack of Aussie inmates would be so damn funny. Better stock up on KY jelly, Jack.

  64. I doubt there will be any cases by oliverthered · · Score: 1

    I suppose that hacking is effectively industrial espionage or spying, which would allow offshore activities to be classed as crimes, but I doubt anyone will get prosecuted! I hope they do though!!!

    --
    thank God the internet isn't a human right.
  65. Thats all very nice in theory but... by Anonymous Coward · · Score: 0

    Since when do American citizens leave America and goto other countries, let alone aussie.

    I thought most Americans rarly even left their own state let alone the actual country.

    So the chance of a movie exec going to aus combined with the chance there is any evidence linking this exec to an alledged hacking multiplied by the chance Howard would allow their great buddys the Americans to goto jail.

    About 0%

    Aus would rather jail a million boat people than one ameircan Exec, jailing the exec would prolly be worse PR too.

  66. Similar legislation in the UK by Moderation+abuser · · Score: 2

    However, I think putting media moguls in prison is a great idea.

    So, on with the madness.

    --
    Government of the people, by corporate executives, for corporate profits.
  67. I'll own up by Anonymous Coward · · Score: 0

    I'll own up to the horrible truth, I'm not American.
    You can have a cuban cigar here in the UK, no problems.

    Those who forget history are doomed to repeat it, those who have no history are American.

  68. As if by WCMI92 · · Score: 1

    Hillary and Jacko's personal Congressmen would stand for such a thing? About as likely as we are to see the principles in Enron and Global Crossing (too many high political ties to both parties) to get the ride in the police car the Adalphia and WorldCom people got.

    It's not just how much money you give, it's WHO you make rich (Clinton SecTreas Robert Rubin in Enron/Citigroup, and DNC chair Terry McAuliffe in Global Crossing).

    Remember the 21st Century theroy of American Law: Law applies merely to we consumers (called peasants in earlier times)...

    Who's to say that the Australian arm of the RIAA/MPAA won't just buy their own version of the Berman bill...

    Given how much stupid legislation has passed concerning the `Net in Australia already (they seem to be going for Comstock Laws), I'm not that sure that such a thing WONT happen...

    --
    Corporatism != Free Market
  69. Send Rosen one way trip to Aussie Jail by linuxislandsucks · · Score: 2, Funny

    I vote we start a slush fund to send all RIAA and MPAA mangement to Aussieland..just to see the expression on their faces when they go to jail..

    I got $5 is anyone else in?

    --
    Don't Tread on OpenSource
  70. Not Hypocritical by Gonoff · · Score: 1

    Sklyarov was arrested for doing reasonable things that could possibly be beneficial towards end users. He was not invading any individuals privacy, destroying any data, or even accessing someone elses computer.
    What those executives would be in the dock for are those same charges. They propose to 'get inside' peoples computers, destroy data and spy on individuals.
    It is not just in Australia that those things are currently illegal. I am pretty sure that they are against the law in most of Europe as well.
    Even if they haven't done those things yet, can't they be charged with some sort of criminal conspiracy?

    --
    I'll see your Constitution and raise you a Queen.
    1. Re:Not Hypocritical by flamingmoose · · Score: 1

      I'm not an expert on law, but I think that it doesn't matter whether you think a law makes sense or not.
      You break it, you face the consequences. So, in principle, I think the two cases are the same.

      --

      .sigs - is there anything they can't do?
    2. Re:Not Hypocritical by Glytch · · Score: 2

      The DMCA is an unethical law. There's nothing morally wrong with disobeying it. Or are you saying all laws must be obeyed, no matter how evil?

      (Trying hard to refrain from invoking Godwin's law here.)

    3. Re:Not Hypocritical by flamingmoose · · Score: 1

      You think the DCMA is an unethical law, and you may think that it's morally ok to disobey it, but in principle it doesn't make a difference, although I more or less agree with you on both counts and I'm happy that a DMCA-equivalent doesn't exist in my country.
      What I am saying is that it's a slippery slope once everyone starts to obey only the laws he/she thinks make sense.

      --

      .sigs - is there anything they can't do?
  71. I hope they do come. by Shanep · · Score: 1

    Because Aussie gaols can give them what some of them deserve...

    A favorite trick in Aussie gaols, involving a victims anus (a favorite target in any gaol/jail I guess:), is to insert pvc tubing into the victim, then insert barbed wire into the pvc tubing.... then the tubing gets removed, leaving behind the bare barbed wire inside the execs arse. At which time, the barbed wire is absolutely wrenched outa there with all the force required, with the aim of ultimately causing a condition where a bodily organ exits the body through an orifice (I forget what this is called). Of course, the givers of pain will always settle for just extreme pain. ; )

    I rekon this could be just retribution for trying to fuck over young Jon for "hacking", then turning around and doing the real thing.

    So please, hack, and come over and throw a shimp on an Aussie barbie.

    --
    War crimes, torture, lies, illegal spying... Would someone give Bush a blowjob, already, so he can be impeached?
  72. �The Computer Misuse Act 1990� Section 1; by Martin+S. · · Score: 5, Insightful

    Indeed, this would also be illegal in the UK under Section 1 of the 'The Computer Misuse Act 1990' ;

    (1) A person is guilty of an offence if--
    (a) he causes a computer to perform any function with intent to secure access to any program or data held in any computer;
    (b) the access he intends to secure is unauthorised; and
    (c) he knows at the time when he causes the computer to perform the function that that is the case.
    (2) The intent a person has to have to commit an offence under this section need not be directed at--
    (a) any particular program or data;
    (b) a program or data of any particular kind; or
    (c) a program or data held in any particular computer.
    (3) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.

    http://www.hmso.gov.uk/acts/acts1990/Ukpga_19900 01 8_en_1.htm

    As for the possibility of Tony Blair (UK Prime-Minister), some how excusing this, that is not likely. There is plenty of separation between the UK Judiciary and Politicians. UK Judges are not elected but appointed and once appointed are nearly impossible to remove. UK Judges also seem to regularly take delight in giving politicians the finger, when the latter attempt to step on their toes. i.e. http://news.bbc.co.uk/1/hi/uk/2162940.stm

    1. Re:�The Computer Misuse Act 1990� Section 1; by Anonymous Coward · · Score: 0

      Oh I'm well aware of the seperation between the Judicary and Parliment; I am British (Oddly enough, almost every reply here as addressed me as though I were not. Odd, I'm not sure what gives that impression!).

      However, under the circumstances that an RIAA/MPAA member executive were to be arrested, they would have to be processed by both the Police (Someone has to do the arresting), and the CPS.

      Not only does the Government have plenty of opurtunity to bring presure to bare on both the Super of the Police force which makes the arrest, they would also have plenty of oppurtunity to make sure that the case was dropped by the CPS (Almost certainly due to "Lack of evidence", which as we both know, is always a favourite).

      In short, I don't think anything like this would ever get a chance to make it to court. Sadly.

    2. Re:�The Computer Misuse Act 1990� Section 1; by iainr · · Score: 2, Interesting

      Bit more complicated if the box/complaint were north of the border since they'd also have to talk the Scottish parliament into nobbling the procurator fiscal responsible. that might prove a bit more tricky.

    3. Re:�The Computer Misuse Act 1990� Section 1; by sirrogerdecoverly · · Score: 2, Informative

      If the UK passed law like the RIAA DoS bill, then (1)(b) would be satisfied. It says an access is an offense if "(b) the access he intends to secure is unauthorised."

      Since the wording of the present law does not say "unauthorised by the owner or user of the target computer," surely another bill authorizing certain attacks in certain circumstances would constitute the authorization needed under (1)(b).

    4. Re:�The Computer Misuse Act 1990� Section 1; by davecl · · Score: 2

      Its also worth noting that a movie exec is unlikely to do any actual hacking even though they may order an attack. In legal terms this is conspiracy to commit a crime (in this case computer misuse) and thus carries significantly increased penalties.

  73. One word... by Anonymous Coward · · Score: 0

    GOOD!

  74. Sequester Assets? by grahamm · · Score: 1

    While it may not be practical to extradite the executives, would it not be possible for a court to find the Company guilty and freeze or sequester the assets of the Australian (or whichever country) office/subsidiary?

  75. That would mostly deserved... by Juju · · Score: 2

    ...for making all those crap films/music in the first place.

    Anyway, this is great if it means that they can not leave the US for fear of being prosecuted!

    P2P is the greatest thing that came out of the net these last years, those guys should be shot just for trying to stop it.

    Anyway, whatever they try will just makes the movement stronger, and in a few years, we will be able to download any film or music from the net. Everybody will have 500Gb disks shared with broadband...

    --
    Black holes occur when God divides by zero.
  76. What is the point of this article? by joshua404 · · Score: 0

    First of all, the entire notion that execs will be rounded up for their cracking efforts is Harry Knowles level fanboy fantasy. The article might as well be "Darth Maul can beat Count Dooku in a lightsaber battle" for all the fact and realistic thought put into it. Too bad there's no -1, Absurd moderation for this at the top level. And by the way - That ridiculous piece of legislation will never even make it out of committee. Why keep whipping yourselves into a frenzy over it like it's impending law? The alarmists really do seem to run the show around here.

    1. Re:What is the point of this article? by linuxislandsucks · · Score: 1

      are you willing to bet on that..put your money where your mouth is..

      --
      Don't Tread on OpenSource
  77. pro-consumer? by Anonymous Coward · · Score: 0

    I prefer that we use the term pro-citizen. Citizen sounds like it has much more rights than consumer.

  78. Like this'll ever happen... by Anonymous Coward · · Score: 0

    First time some hotshot businessman gets arrested/convicted there, it'll just be an excuse for Dubya to add Australia to the Axis of Evil and start bombing the hell out of them. You may think I'm trolling/joking, but I'm not. We don't take kindly to other countries locking up our rich folks. You know that Australia would have to either back down real quick or get its ass kicked.

  79. I Guess by Perdo · · Score: 2

    Mad Max 4 is out of the question now

    --

    If voting were effective, it would be illegal by now.

  80. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  81. Berman is a pure idiot.... by Newer+Guy · · Score: 2

    Who has no clue of the morass his bill would cause. What this guy simply doesn't understand is that if this bill passes, it's open season for hacking...and the hackers know 10,000 times that of the RIAA and MPAA'S 'experts'. This is yet another example of the technologically clueless setting technology policy. What this guy is doing is setting up a technology 'cold war'... You'd think that they would have figured out by now that the cold war was a failure...but I guess you can't teach lessons to the stupid.

    1. Re:Berman is a pure idiot.... by Oswald · · Score: 1

      I'm baffled. Everything you say makes sense until you get to the part about "the cold war was a failure". Unless you are an ex-member of the Supreme Soviet, I can't imagine having such a view. Despite horrible, stupid missteps like the Vietnam War, and moronic means like Reagan's Star Wars program, the result was pretty much a complete success. Come to think of it, a lot of luck was involved, but nevertheless, a complete success.

    2. Re:Berman is a pure idiot.... by Cl1mh4224rd · · Score: 1
      You'd think that they would have figured out by now that the cold war was a failure...
      if by "failure" you're referring to the fact that the U.S. and Soviet Union (well, current incarnation) still exist, then i guess you'd be correct...
      --
      People will pass up steak once a week, for crap every day.
  82. No exec is going to jail by Burning*Cent · · Score: 1

    Do people really think that the CEOs would go to jail?

    What's more likely is that the well paid technicians that actually do the attacks for the RIAA and MPAA would be the ones indicted. Of course, I bet those folks would be smart enough to never to go to Australia, which doesn't sound very good from recent /. stories.

  83. OT sig of the year by IXI · · Score: 2, Insightful

    ** Windows has detected a mouse movement.
    ** Please restart Windows so changes can take effect.

    ROTFLBTCASTC

    --
    He saw some dirty arabs and fired. Too bad it was just some friendly kurds, BBC reporters and his fellow cowboys.
  84. Oooookk... by EdMcMan · · Score: 1

    Let me get this straight. You automatically commit a crime in Australia if you live in another country where the offense is not illegal? That sounds like an interesting way of doing things. This article is more or less flamebait, I'm not sure why it was posted.

    1. Re:Oooookk... by Anonymous Coward · · Score: 0

      IF you attack a 'puter in Oz THEN you have broken their laws.

      ac

    2. Re:Oooookk... by EdMcMan · · Score: 1

      This is news? Hey CmdrTaco, I have a new article. Attack a computer in Britain, get arrested! " France " ... etc, etc.

  85. What violation? by PMuse · · Score: 1

    "Under section 9a of the Victorian Summary Offences Act (1966), 'a person must not gain access to, or enter, a computer system or part of a computer system without lawful authority to do so'. The penalty if convicted is up to six months' jail."

    A. Are we sure that RIAA, etc. would be violating this Australian law by DoSing a file sharer in Australia? -- Here's the scenario: 1. RIAA goon searches for title of copyrighted work. 2. File sharers, including one in Australia, happily and consentually transmit search results. 3. RIAA goon reads search results. 4. RIAA goon requests download of file from the Australian. 5. Australian happily and consentually sends it. 6. RIAA goon listens to it; determines it is the copyrighted work. 7. RIAA goon DoSes the Australian file-sharer. -- Where in there did the RIAA goon "gain access to, or enter, a computer system"?

    Hey, I think this proposed U.S. bill stinks, but I'm not sure the Australian law is adequate protection against it.

    B. If the Australian law does protect file sharers in Australia, that's great, but it would do nothing to protect file sharers in the U.S., which is the only target of the proposed bill anyway. Isn't it relatively simple for the RIAA goon to check the IPs he's planning to DoS and then only pound the ones that reside in the U.S.? And, anyone (residing anywhere) who shares files off a machine in the U.S. is acting in the U.S. and is subject to U.S. law (or lawlessness).

    Berman's bill is bad, bad news.

    --
    "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
    1. Re:What violation? by mwood · · Score: 1

      "Here's the scenario: 1. RIAA goon searches for title of copyrighted work. 2. File sharers, including one in Australia, happily and consentually transmit search results. 3. RIAA goon reads search results. 4. RIAA goon requests download of file from the Australian. 5. Australian happily and consentually sends it. 6. RIAA goon listens to it; determines it is the copyrighted work. 7. RIAA goon DoSes the Australian file-sharer. -- Where in there did the RIAA goon "gain access to, or enter, a computer system"?

      Why, steps 1, 4, and 7, of course. Although only step 7 is unauthorized by the server's owner.

  86. Too bad its not the caribbean by Joel+Ironstone · · Score: 1

    I think it would really screw these people if we could just get Bermuda, Barbados and the Cayman Islands to enact some kind of similar law targetting entertainment execs. The country that contains their assets could then cease them, and I'm sure cayman jails are pretty nasty.

  87. Since when do Execs hack? by Anonymous Coward · · Score: 0

    I hate to burst everyone's bubble, but when was the last time a *AA exec hacked your boxen? They may have told someone under them to do it, but execs themselves have not the time, the knowledge, or even the desire to do such dirty work themselves. Short of conspiracy or similar charges, they will not be held responsible under this law. The programmer is the one who needs to fear. So if you are a coder working for a big bad company who tells you to hack an Aussie computer, either refuse to do so (you prolly should anyway...) or forget those vacation plans. Then again, how do you trace back who in the company actually did the hacking? This is just fluff people. Not a single high profile case will ever come of this... Sorry to be killjoy.

  88. yeah, that would really sadden me by Anonymous Coward · · Score: 1, Insightful

    ever note how hoe mnay americans call for law & order, but are willing to walk away from it when it suits their purpose?

    1. Re:yeah, that would really sadden me by AForwardMotion · · Score: 0

      I'm sure the rest of the world is exactly the same.

  89. What is ostracision? by marko123 · · Score: 1

    All of a sudden, a whisper travels ever so lightly on the breeze. You listen closely, and you hear the sounds of US legislation being debated.

    This shit's funny. A gun from a GI Hoe got confiscated at an airport. Congressmen are lobbying to wear vigilante cyber-berets. I LIKE the pace aussie rights are being suppressed compared to yours, my American friends. It's the difference between getting your arse caught in the bath plughole, and the way a crab gets sucked into a hole in a trans-continental undersea pipeline.

    http://www.punchbaby.com/media/laters/clips/ouch /c rabVsPipe.mpg

    --
    http://pcblues.com - Digits and Wood
  90. It's the same in the UK by h4mmer5tein · · Score: 1
    Under the terms of the 1990 Computer Misuse Act
    1.-(1) A person is guilty of an offence if-

    he causes a computer to perform any function with intent to secure access to any program or data held in any computer;
    the access he intends to secure is unauthorised; and
    he knows at the time when he causes the computer to perform the function that that is the case.

    (2) The intent a person has to have to commit an offence under this section need not be directed at-

    any particular program or data;
    a program or data of any particular kind; or
    a program or data held in any particular computer.

    Note : The link isnt to the full act itself, but to the excerpted version provided by JANET/CERT as a referance for academic institutions in the UK with lots of nice hyper links. If you want the real Mcoy in one big lump it can be found here

  91. Obligatory Simpsons Comment by Anonymous Coward · · Score: 0

    Maybe they'll let em go with a little booting.

  92. Motive by Martin+S. · · Score: 2

    They [RIAA/MPAA] are using copyright as an argument to introduce Berman's law. However they don't need to prove anything; it gives them a blanket immunity.

    Having a good 'motivation' is no defence against breaking the law, indeed it would make the prosecution easier because one of the three pillars (means, motive & oppportunity) of a successful prosecution is handed over on a plate.

  93. Never gonna happen by Anonymous Coward · · Score: 0

    The US would turn to their usual tactic of putting economic pressure against Australia until the Aussies decide to change their law!

  94. Don't Hold Your Breath by Self+Bias+Resistor · · Score: 2

    I can take pride in the fact that the Australian courts have in recent times said "no, I don't think so" to a lot of the bullshit that the xxAA organisations have tried to foist upon us re: DRM. Unfortunately our Prime Minister (who we recently re-elected because he distracted us with the whole "Tampa crisis" and the "shadow" of illegal immigration) rarely takes time to remove his lips from the arses of the United States and US corporations in order to make such an independent decision, which would require vision (and more importantly - balls). So I'm not holding my breath for something from government protecting consumer rights. The Australian Competition and Consumer Commission (ACCC), who handles most consumer complaints, is unfortunately pretty much a toothless tiger. They still haven't got Telstra into line over their virtual monopoloy of the telecommunications market, which is responsible for high prices (of Telstra and their competitors, who use Telstra's backbone and hence must pay their so-called "wholesale" prices) of local calls and DSL.

    --

    ----------
    When the pin is pulled, Mr. Grenade is no longer our friend.

  95. DOS-attacks != gaining access by gotan · · Score: 2

    The RIAAs and MPAAs plans were to use DOS-attacks on the sites/networks which (they claim to) distribute their copyrighted content. Flooding the networks with faked mp3 or bringing servers down to their knees with faked download requests isn't breaking into systems. Not that i would consider waging DOS-wars over the internet a good thing, and yeah, i'd love to see some music exec locked away in a stinky jail (although that will never happen).

    But wouldn't the proposed US-law only allow the copyright-holders to use DOS-attacks, and aren't DOS-attacks considered a lesser offense in most countries (especially if you don't break into thousends of foreign systems to misuse them but buy the necessary bandwith)?

    Also who would sue those execs and set the lawyers and the police into motion to catch that evil hacking RIAA-exec? The owner of that site who probably did infringe on copyrights? The provider who only thinks about business and anyway doesn't like customers which use more bandwith than others who pay the same?

    It'd be better to use political leverage: since every action has to be allowed by US-officials those officials (and thereby the USA government) can't free themselves from the responsibility for such attacks. Thus other countries can respond politically. That would be more of a threat, if those countries took it upon them to make the internet a place that can work without the US-backbones.

    --
    "By the way if anyone here is in advertising or marketing... kill yourself." -- Bill Hicks
    1. Re:DOS-attacks != gaining access by herbierobinson · · Score: 2

      The proposed US law ONLY allows them to take technical measures on copyright offenders. It explicitly does NOT allow them to interfere with anyone else. The rules out DOS, because DOS affects an entire network, not just the target.

      --
      An engineer who ran for Congress. http://herbrobinson.us
  96. all too easy by Anonymous Coward · · Score: 1, Interesting

    Make a small bitmap file. Use a hex editor, if you must, but call the image your own, copyrighted work. Then put it on your website, with an EULA stating that the visitor agrees that the image must be deleted from the visitor's machine within 5 minutes from loading of the page. Write some program that logs visitor ip's, waits for 7-10 minutes, and launches an attack, if the visitor ip is "good", whatever that means. If you have a large enough site, some representative of the abovementioned corporations will certainly visit it sooner or later. And, hurrah, you have the right-to-attack.

    Just prey this bill gets passed :) And make sure the EULA is at least 3-4 pages long, with all sorts of legal bullshit on it. It has to work!

  97. the scariest thing... by davesag · · Score: 2, Informative
    The US govt seems to be pushing through allsorts of laws that at first glance make very little sense as they are all essentially crippled by the fact that the US does not have global jurisdiction. But what if the US *did* have global jurisdiction? The Rev Jesse Jackson said last night on a BBC interview that the republicans seem to want to declare war on the whole world. Indeed the US only this week has announced it is seeking international treaties to give jurisdiction to teams of elite death squads. I mean these are the same people that helped pinoche, hussain etc etc into power, all in the same of 'stabilisation'. the same players were handing out hit lists to suharto in the 70s resulting in the deaths of almost 100,000 people, the same players who ordered US troops to bulldoze thousands of retreating iraqis alive in a trench some 70 miles long.

    It is no wonder the USA is so opposed to the International War Crimes Court, the international ban on land mines, and joins somalia as one of the only nations *not* to ratify the Convention on the Rights of the Child.

    Subverting emerging democracies, funding, training and arming terrorists, providing safe havens for the world's worst criminals, running drugs, raping children, defrauding pension funds, bombing prisoners, 'dissapearing' many thousands of people within the US and many tens of thousands of people outside of the US. is all part of a days work for the new emerging world order.

    To me it's hardly a sustainable plan, but then maybe they know things I don't know.

    maybe i am just too prepared to think the unthinkable.

    --
    I used to have a better sig than this, but I got tired of it
  98. EULA by Jacer · · Score: 4, Interesting

    What if the P2P hackers (coders) were to include a clause into the EULA about no profit organization can use the software, make it a license violation if the mpaa or the riaa use the software. I'm not saying it's a solution, however, it may buy some time. That or we can pay the kids at their isp to null route them into an intranet

    --
    --fetch daddy's blue fright wig, i must be handsome when i release my rage
    1. Re:EULA by Rufus211 · · Score: 1

      Fairly simple solution for the RIAA, et al: Don't use that software. I don't have links, but I remember reading a few articles about a company that wrote their own program that connected to gnutella, looked for particular files, and then automatically sent nasty-grams to whoever the IP owner was. You can put whatever restrictions you want on a particular piece of software, but gnutella protocol is way to well known and can't exactly have an EULA tacked to it (unless you're microsoft...but that's a different story)

    2. Re:EULA by Jacer · · Score: 2

      Use your own P2P network/app then. Any other application using the same protocol to connect to your network would be circumventing copyright restrictions, and a DMCA violation.

      --
      --fetch daddy's blue fright wig, i must be handsome when i release my rage
    3. Re:EULA by HiThere · · Score: 3, Interesting

      Well, if that's the license, and you suspect them of copyright violation, it would be your right to check, by breaking in to their computers.

      Perhaps some kind of public corporation could be formed, with membership limited to, say, humans who could be identified with a physical body. And stock could be purchased by submitting a work of GPL software for ownership by the corporation (so that there would be a large number of pieces of copyright stuff to check for). (I didn't say it had to be good software. Perhaps a variation of "Hello, World." would suffice.) Then all owners of the corporation would be entitled to check for the presence of copyrighted works on suspect computers. (Bet'cha they've got something substantially similar of one of the thousands of variations of "Hello, World." that would be owned by the corporation.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  99. Love by jdubois79 · · Score: 1

    I love you Australia.

    Thank you.

    --
    --------
    Nothing can be done before the tremendous power!
    RabidComics
  100. Claim your prize! by xant · · Score: 4, Funny

    Dear [Michael Eisner]:

    You have been selected as the winner of this month's fabulous appliance giveaway! You may claim your free Koala-brand washer/dryer set, Antarctic Refrigerator or Shrimp-On-The-Barbie barbecue set! Your plane ticket for coming to claim this prize is included in this envelope. Simply fly to Australia round-trip on us, and be available for us to capture on film as we photograph the winners*.

    Don't delay - act now to claim your prize.

    Sincerely,

    Australian Bureau of Law Enforcement and Consumer Marketing

    *In front and side shots

    --
    It's rare that you're presented with a knob whose only two positions are Make History and Flee Your Glorious Destiny.
  101. Somtimes I wish California wasn't part ... by SphynxSR · · Score: 1

    of this country. They have really strange Congressmen and Senators. Yet these people get voted in. Says a lot about that state doesn't it. They will probably vote on this anonymously, so it can get passed, much the DCMA. What we need to do in this country setup some serious lobbist how can fight on the hill with the best of them. Give the computer hobbist and researches the rights our capital is trying to take away from us.

    --

    I don't suffer from insanity, I enjoy every minute of it.
    1. Re:Somtimes I wish California wasn't part ... by SphynxSR · · Score: 1

      Yes I know I spelled DMCA wrong.

      --

      I don't suffer from insanity, I enjoy every minute of it.
  102. What if... by haz-mat · · Score: 1

    So what happens if our government refuses to extradite the Movie Execs? I assume we have extradition treaties with Australia, what sort of recourse do they have?

  103. tickled to death by /.'ers by Anonymous Coward · · Score: 0

    am I the only one tickled to death by the posters who are amazed that US law does not apply in other sovereign countries ? I can't stop laughing, I'll have a fit...

  104. YHBT. HAND by teamhasnoi · · Score: 2
    I'm sorry, but this story is a big troll. Record company execs WON'T go to jail. Here, there, or anywhere. Haven't we learned from Enron, Worldcom, etc.? The bigwigs *don't go to jail. They resign. With lots of money.

    As long as we have a Congress (tm) that can be purchased with campaign contributions, we are not going to see the end of inappropriate corporate actions.

    Corporations are in it for the money, pure and simple. Since they are recognized as having individual's rights, they are given far too much leeway in their behavior. Who goes to jail? Some pigeon. And you and I, the American (consumer) are left holding the (empty) bag.

    The U.S would *never send corp. execs to Austrailia to be imprisoned or even sternly spoken to. Remember, this is the one country that 'excused' itself from they Kyoto Treaty (reducing pollution). GW said it'd be 'bad, bad bad' for the enconomy. 'We' also spoke out against the world's war crime tribunal. Why? 'Cause the good 'ol US of A knows it would be a prime target for the court. The prez don't wanna go.

    Easy as pie. You gots the gold, you make the rules. You don't play by the rules and you gots the gold? Make more rules, make more gold.

    1. Re:YHBT. HAND by Quila · · Score: 2
      I'm sorry, but this story is a big troll. Record company execs WON'T go to jail.

      But sometimes they do at least get arrested.

      In this case, it's all up to Australia (or any other country with cracking laws). If an exec's company breaks the law, that country can demand extradition if it has a treaty, putting up a big political stink. Other than that, the CEOs just have to know they can essentially never leave the U.S. unless they want to run the risk of arrest.

      This would also hurt any company doing business in these countries. RIAA and MPAA member companies do a lot of business in Australia, exposing those local operations to fine or seizure, its officers to jail.

  105. 1966? by kc0dxh · · Score: 1

    A bit ahead of their time, no? Surely this had more to do with forced physical access than network cracking. Wasn't it 1969 when the first two computers were networked?

    --

    --- "1.21 Jigawatts!" -Doc

  106. Could we then crack into One Microsoft Way? by Pivot · · Score: 1

    What if an author of GPL copyleft software thinks microsoft is reusing and redistributing GPL his software? Is he then allowed under this law to crack into the computers at microsoft in order to determine if it is rightfully so? Or does the law specifically only allow copyright owner with congressmen in their pocket and tons of money?

  107. What a waste! by sandoz · · Score: 1

    Don't we have better things to use taxpayers money on! (In the US and Austrailia) I can think of a few things i.e. ad free slashdot!! :-)

  108. Potential for abuse by vertigo242 · · Score: 1

    We all know that these execs aren't to be trusted in the first place, but to give them power to put files on "cracked" computers then scream for litigation is insane. ...but im sure they can have anyone silently killed anyways they dont need a silly copyright law to mess with people. "Democrats want to save you from yourself. Republicans want to save themselves from you." --i forget

  109. big bullies have big friends by wuHoncho · · Score: 1

    The article mentions an organization in austrailia known as ARIA, the Austrailian Recording Industry Association, that "may seek discussions with the federal government if Berman's bill is adopted in the U.S."

    From the look of things, it looks like the recording industry is waiting to see how the bill goes through legislation in the U.S. before persuing it elsewhere. They might be stupid enough to pick cyber-fights with thousands of hackers using DOS-attacks, but they're probably not that stupid as to alienate themselves from a country like Austrailia. So in the worst-case scenario where ARIA tells the RIAA to jam their thumbs up their bum holes, we would have a situation where the individual industries would have to make a choice - cut themselves off from Austrailia, never ever traveling there or having any sort of business dealings there, or find a better solution to their problem.

    At least the movie execs might think twice before DOSing anything with a .au on the end of its address. There's been more than a few good things to come from down under into Hollywood. Not sure about the music guys tho - the only notable austrailian bands I can think of offhand that have had any kind of success in the US are Chumbawumba and Men At Work. Doesn't seem like much of a loss to them if you ask me - though some of those bands that do "world tours" might have to divert themselves to New Zealand or Antarctica (wouldn't that be fun?).

    --


    Just another freak in the freak kingdom.
  110. the date? by Anonymous Coward · · Score: 0

    Under section 9a of the Victorian Summary Offences Act (1966).

    Does that mean that the law about computers was made back in 66? that really shows some foresight on the part of the law makers, not to mention some amazing ability at future prediction, when you think that even the concept of a computer was not really mainstream.

  111. probably by oliverthered · · Score: 1

    it's called race discrimination.
    or at least political discrimination.

    I think there's somthing to do with human rights in here but i can't quite work out what.

    --
    thank God the internet isn't a human right.
  112. Nice Quote by Aknaton · · Score: 1

    I love this quote in the article about the proposed bill:

    "What appears to be proposed is the computer equivalent of breaking into someone's house who you think has stolen some of your possessions to get them back with legal impunity, even if it turns out you broke into the wrong house"

  113. Keep your medical records on your PC by umask077 · · Score: 1

    My neighboor is a healthcare lawyer and informed me that if you keep your medical records on your machine and someone hacks it, its a minimum of 5 years in jail for violating privacy laws. So let them play there little hacks and then nail them for tampering with a system with medical records. The judge will support the privacy laws first. The doctors have bought more poloticians then hollywood/riaa.

    --
    --- Always remember. 99.36% of all statistics are inaccurate.
  114. More relevant date: Nov 11 1975 by pommiekiwifruit · · Score: 1

    The last (known) time the CIA kicked out the democratically elected government in Australia for annoying the USA.

  115. The Prime Minister by pommiekiwifruit · · Score: 1

    Might want to ask Gough Whitlam about what happens if an Aussie PM does something the US doesn't like.

  116. Cybercrime act.. by Anonymous Coward · · Score: 0

    You guys should look up the "Cybercrime act" which is far more detailed and specifically aimed at computer related issues.

    Basically anything they do to a computer in Australia without authority and causes damage leaves them open to some sort of prosecution.

    It also has provisions to state that people commiting the act against an Australian computer from a country where 'hacking' is not illegal will also be subject to this Australian act.

    To be prosecuted by the act the person who commited the act must enter some part of the Commonwealth of Australia, (land or sea)

    It gets complicated but if you sit in the US and hack an Australian computer and you then come to Australia you can be prosecuted.

    Oh and Australia does have a full extradition treaty with the US. Also our legal system is far more efficient that the US system.

    Oh and the American Military to way too imcompetant to invade Australia.. Its not how big your defence force is, its more to do with how smart/cunning your defence force personel are.

  117. Pfft. by Large+Green+Mallard · · Score: 2

    If we're gonna start being that anal about laws.. Dubya better keep his ass out of Australia, or we'll chuck him in jail for failing to prevent the deaths of every person executed while he was governer of Texas.

    Clinton was here a few months ago as a private citizen, ie, no diplomatic immunity, and I didn't see him getting booked for failing to prevent the execution of an Australian in about 1994.

    1. Re:Pfft. by Anonymous Coward · · Score: 0

      Also:

      What's that? Kevin Mitnick's penis in a mason jar on the warden's desk??

  118. They will hack the P2P *system* by Anonymous Coward · · Score: 0

    They don't have to hack your firewalled OpenBSD box, but rather the P2P network you trade music on. What if they logged onto opennap with a million "songs" full of garbage data? If some were titled "oops I did it again" and they did it again with a farm of bogus clients, they could make your P2P system worthless. Don't be so cocky.

  119. A taste of their own medicine! by Maul · · Score: 2

    Record and movie execs have gotten foreign nationals invovled with DeCSS, who have not even stepped foot in the US, arrested and brought over here for trial for violating the DMCA.

    If this stupid "rich campaign contributors are allowed to hack you for no good reason" bill passes, I hope that the Aussies bust the media companies, just so that these execs get a taste of their own medicine.

    Of course, they'll probably just "donate" money to some powerful person over there to avoid this situation, but it is nice to dream...

    --

    "You spoony bard!" -Tellah

  120. Wait a tick... by Anonymous Coward · · Score: 0

    Am I the only one who noticed that the bill was from 1966? Typo or hoax? I dunno.

  121. Good Aussie joke here by A+nonymous+Coward · · Score: 5, Funny

    When flying into the country, and the customs man asks if you have a criminal record, ask innocently, "Is that still a requirement?"

  122. Get with the times! by Anonymous Coward · · Score: 0

    "Free Dimitri!"

    Looser!

  123. Foreign ISPs by Anonymous Coward · · Score: 0

    Just a quick slightly offtopic comment, but I dont think many countries are likely at all to either arrest or extridite the execs... BUT, is there millage to be had in ISPs sueing the companies for consuming bandwidth that they have to pay for? I know if I ran an ISP and my bandwidth bills went through the roof I'd be sueing the company responsible, if I could at all.

    Just a thought.

  124. Re:Hang on a minute! (Ask the European guy) by realdpk · · Score: 2

    The law as written didn't even allow for a "no". Just the 7 days. So if the DoJ says no you can tell them to screw themselves, and still be within the law. Berman is slowly steering us towards anarchy with this vigilante law.

  125. Re:Hang on a minute! (Ask the European guy) by realdpk · · Score: 1

    Argh. I mean bill. Not law. Damn.

    Blah blah 2 minutes blah blah blah. Silly slashdot.

  126. Re:Hello crackhead moderators.... by vannevar · · Score: 1

    it really doesn't matter what the moderators deem insightful, the whole thing is just noise, anyway. let's take a look at mr. valenti's success record (courtesy of David Isenberg's SMART newsletter www.isen.com):

    QUOTE OF NOTE: Jack Valenti

    "I say to you that the VCR is to the American film
    producer and the American public as the Boston strangler
    is to the woman home alone."

    Testimony of Jack Valenti, President of the Motion Picture
    Association of America, before the U.S. House of
    Representatives Subcommittee on Courts, Civil Liberties and
    the Administration of Justice, Monday, April 12, 1982, see
    http://www.cryptome.org/hrcw-hear.htm for complete
    transcript.

  127. SWEEEEEEEET by thetonka · · Score: 1

    I just get a warm feeling all over when other countries(or whatever the case may be) effectively point out the stupidity in actions taken by the
    US government or our resident corporations.

    TEEHEEEEHEEEE

    TheTonka

  128. Not gonna happen. by Murdock037 · · Score: 2

    And here's why:

    A whole bunch of studios are working out of Australia these days. Fox, if memory serves, recently built some huge, state-of-the-art production studios down under, because the cost of doing business there as opposed to L.A. or even Vancouver is considerably more attractive.

    The average big-studio Hollywood production is costing somewhere in the $60 million range (IIRC). And the kind of things they're shooting in the outback are the big damn blockbusters that require the large studio space the new Australian locations provide, so the work they're doing down there is probably even more costly stuff.

    Does anybody really think the Australian government is going to throw away literal PILES OF MONEY so that they can toss a few suits into prison for six months? What do they care about some wrong-in-principle-but-okay-by-our-shifty-American -government hacking that's taking place halfway around the world?

    (Besides, it can't be too urgent to them anyways; if my memory of the Princess Bride serves me, Australia is entirely peopled with criminals in the first place.)

  129. If you want to protest the Berman Bill... by MsGeek · · Score: 2
    ...and you live in the 26th Congressional District of California, Rep. Howard Berman is hosting a Town Hall meeting here:
    Thursday, August 8th, 6pm
    Sepulveda Middle School Auditorium
    Corner of Plummer and Sepulveda, North Hills, CA
    Here's a URL to find out if you are in Berman's district:
    http://www.house.gov/writerep/

    I'm sure we can't change his mind, but at the very least he can feel some heat from his constituents.

    --
    Knowledge is power. Knowledge shared is power multiplied.
  130. Lawful authority? by LuYu · · Score: 1


    'a person must not gain access to, or enter, a computer system or part of a computer system without lawful authority to do so'.

    Would not passing Berman's bill into law give one "lawful authority"? Or does "lawful authority" only apply to Australian law?

    --
    All data is speech. All speech is Free.
  131. Mad Max released on DVD w/ original voices by SethJohnson · · Score: 2


    Doesn't it just seem like American Movie Execs have had it in for the Australian filmmakers forever? Shessh. They dubbed Mel Gibson's and everyone else's voices with American actors' voices in Mad Max before it played at the theaters here or was sold on VHS, LD, or DVD in the US. I refused to buy the American DVD of Mad Max because of this reason and was sort of hoping to find a british copy which has the original voices. Well, last night I was thrilled to find that MGM has just released an EXCELLENT Mad Max DVD that includes the Australian voices by default. I was also relieved to find that in fact the original voices ARE way better than the dubbed voices. The overall sound is better, too.

    If I were Mel Gibson, I'd have sued the American movie execs a long time ago for hacking my best work in film to date.
  132. You forgot one thing... by e40 · · Score: 2

    Crikey!

  133. Steve Irwin is "EXEC HUNTER" by Anonymous Coward · · Score: 0

    "Aww, he's a big fat bugger! Look at him squirm and fight, notice his Gucci loafers, he must be a *big-baller*, as they say in his normal habitat."

  134. Don't get your knickers in a knot by Anonymous Coward · · Score: 0

    The only appropriate response to this legislation is a technical one. The simple fact is, the Australian Government and others are in the Entertainment and Copyright Industry's pocket. They have been for a while now, and it doesn't appear likely to change any time soon.

    For the designers of P2P networks, design your networks such that a single user or even a group of users colluding with one another cannot unduly influence the results or performance of the network.

    For the regular Joe, now is the time to get your arse into gear and get your computers and network secured. Secured in every sense possible, from preventing automatic upgrades from your OS vendor (especially if they collude with the very organisations that propose through legislation to carry out some form of attack on your computer), through to ensuring no traffic enters or leaves your network without your permission.

    For the Internet community as a whole, it means preventing overzealous vigilantism on the part of the entertainment and copyright industries by making the protocols over which you transport data more secure. At a bare minimum, this means implementing the sorts of things that IPSec offers today more widely - confidentiality, integrity, authentication and replay protection. Only then will people know exactly who they are communicating with. They'll know it's their friend and not the intelligence body of a hostile Government. They'll know it's someone they're legitimately downloading a file from, and not an astroturfing entertainment or copyright industry lobby group. Make such protections ubiquitous across the network, and so many of these misguided efforts by entertainment and copyright industries to shut down and destroy every technology that their business plans cannot accomodate will simply cease to have any effect whatsoever.

    Failing all this, game on, I say.

    Let those of us that are ready for the battle fight it well, and have the last IP address responding.

  135. Dammit! by Afrosheen · · Score: 2

    There goes my hopes for Crocodile Dundee 3. Of all the rotten luck....

  136. Give RIAA should get a taste of their own medicine by HutchGeek · · Score: 1

    Since RIAA and the MPAA think that being allowed to inflict a DoS attack on anyone they suspect of wrongdoing, and there seem to be a few people in Congress who agree... perhaps they should all experience one. People talk about boycotting CD sales, listening to the radio, renting movies, etc. None of this will really make a dent in the industry. But imagine what could happen if say a few thousand internt savvy users decided to lauch a several day long DoS attack on RIAA, the MPAA, and even a few of our wonderful representatives in Congress? Oh - wait - that's against the law. Wonder if we can convince the Aussies to do it??

  137. Crack Them! by schmedley · · Score: 1

    This bill is too sweet for words!

    So, Burton get's the bill he was bribed to write... Oops, let me try that again: The bill the people he represents want him to write. BUT, through the universal law of unintended consequences, Berman would give us all carte blanche to crack the movie and music execs home PCs at will!

    HOW:

    All any of us have to do is copyright a song ( mine's going to be a 20 second diddy called 'Berman's a big fat crooked pinhead' ) and then we too are entitled to crack any and all PCs out there using P2P nets, INCLUDING film and music executives! Why? They might have illegal copies of my copyrighted pinhead song!

    So what if I happen to find emails detailing their box-office accounting practices, you know, the ones that make Enron's accounting appear clean and conservative in comparison. Or how about evidence of their insider trading activities? Proclivities for obscene material, ooh, that'd look great on the evening news.

    It's open season if this passes. A single copyrited song or movie clip would be a license to crack.

    Kudos to Berman and his financial backers for a fine piece of corrupt legislation. If they make it a law, their PC's data is ours!!!

    Stocking up on Jolt for the ride,
    Schemdley

  138. Works in Canada too. by Inoshiro · · Score: 2

    Misuse of computers is covered in Canada's criminal code.

    Part IX -- Sections 321-378 ("Offences Against Rights of Property")
    Part X -- Sections 379-427 ("Fraudulent Transactions Relating to Contracts and Trade")

    Specifically, s342.1(1) and s430(1.1) talk about misuse of computer systems own by other people.

    A good break down of the pros and cons of s342.1 right here.

    As another poster mentioned, I'm sure every country in the world has laws regarding (mis)use of computers without permission. Does this stop the RIAA? Does the DoS attack count as misuse of the RIAA owns all the machines DoSing? Are these laws clear enough on denied access to services as well?

    Considering the large numbers of legal systems involved, that's really hard to say.

    --
    --
    Internet Explorer (n): Another bug -- that is, a feature that can't be turned off -- in Windows.
  139. Message to the Aussie government by MainframeKiller · · Score: 1


    ...but could you please wait before The Matrix II and III are finished? Please? Then you can prosecute koalas for all I care.

    --
    http://www.club977.com/ - The 80's Channel!
    Your source for commercial free 80's music!
  140. Great - let them know how Sklyarov felt by Kernel+Kurtz · · Score: 2, Funny

    Except not many people will put "free Rosen" or "free Valenti" banners on thier websites....

    The irony would almost be worth it.

  141. He was joking! by Anonymous Coward · · Score: 0

    Didn't you notice (Score 5: Funny)?

  142. Great! by philovivero · · Score: 2

    Ever since the media execs imprisoned Skylarov (oh, I'll never be able to spell that) I figure they've gotten enough bad karma that it's gotta come back and bite their ass sometime.

    Personally, I hope some media execs head down to Sydney for some Matrix 2.0 publicity stunt and get arrested and thrown in the slammer for six months.

    That would be poetic justice.

  143. Imprison Jack Valenti and Hilary Rosen by GuNgA-DiN · · Score: 1

    We need to set up some time when Jack Valenti or Hilary Rosen is giving a speech. Then, on their way out we grab them and throw them on a plane and drag their asses to Australia. We can even call the Australian police ahead of time so they will be waiting at the airport when we land!

  144. The 'cold war' was a failure... by Newer+Guy · · Score: 2

    because it took almost 40 years to complete, creating two generations of distrust in the process. It caused oppression to a large part of the world's population. It caused an unprecedented build up of weapons, an environmental nightmare, huge deficits (on both sides) and many shadow and puppet governments. It almost caused nuclear destruction of the world at least once (the Cuban missle crisis, but how many others DON'T we know about?). Finally, we'll be cleaning up it's mess for another 40 years. All in all on balance, a dismal failure.

    1. Re:The 'cold war' was a failure... by Oswald · · Score: 1
      You're a hard guy to please.

      It caused oppression to a large part of the world's population.

      You confuse cause and effect. The cold war was fought to stop the oppression; now that it is over and won, there are no Russian tanks in Hungary, Poland, etc.

      It caused an unprecedented build up of weapons,

      As opposed to every other struggle between world-dominant powers, which caused the unleashing of uprecedented numbers of weapons.

      an environmental nightmare, huge deficits (on both sides) and many shadow and puppet governments.

      It was a war. You seem to believe that simply not taking part was an option. This line of "reasoning" has cost Europe dearly several times in the last few hundred years. The U.S. didn't fall prey to it.

  145. New Tagline for Australia... by El+Camino+SS · · Score: 2

    Australia: A horribly sunny, horribly beautiful, horribly warm place to spend the rest of your life after commiting crimes in England.

  146. Not just in Victoria.. by ghostrider_one · · Score: 1

    The Federal Cybercrime Act 2001 (which was, coincidentally, rushed through parliament with little or no debate shortly after the 9/11 attacks) would apply to offences committed against a computer anywhere in Australia, not just within the state of Victoria.

    Section 477.2 Unauthorised modification of data to cause impairment would cover hacking or attempted hacking of peoples systems, and Section 477.3 Unauthorised impairment of electronic communication would cover DoS attempts. Both sections have a maximum penalty of 10 years jail.

    Ironically, Section 478.3 Possession or control of data with intent to commit a computer offence would make it an offence to even possess software or information required to hack or DoS somebody, if they had intent to use it to commit an offence against section 477. Three years up the river for this one.

    Oh, and Section 3LA in schedule two of the Act says that a law enforcement authority could obtain an order requiring a specified person to provide any information or assistance that is reasonable and necessary to allow the officer to do one or more of the following: (a) access data held in, or accessible from, a computer that is on warrant premises; (b) copy the data to a data storage device; (c) convert the data into documentary form. ie they can force you to help them search for incriminating evidence, divulge passwords, encryption keys, etc... and you can get 6 months jail if you refuse to comply.

    IMHO the Cybercrime Act is a steaming crock of sh_t. It criminalises practically anything you can twist its vague definitions to apply to. Thus, its a Very Big Stick for the police to wave at people. Pity they'd never have the balls to wave it at the RIAA, MPAA, and their merry men.

  147. Yes. Exactly. by El+Camino+SS · · Score: 2

    Time to put the tinfoil back on your head.

    (Obvious sarcasm) I Juuust cannot belieeeve that a message like this one got a +5 on slashdot.

  148. Why isn't this *American* news? by Anonymous Coward · · Score: 0

    It's a proposed US law, but it's being reported in an Aussie paper.

  149. Damn Straight. by Max+the+Merciless · · Score: 1

    Howard's already virtually decalred war on Iraq, and now they've stopped buying our wheat. Ha! He's an idiot who still hasn't got the taste of bush's American salami out of his mouth since his last visit to Washington DC.

    --
    * * Always question "the National Interest" - 9 times out of 10 it is a cover for evil
  150. six months is not enough by Anonymous Coward · · Score: 0

    Six months max ? Is that all ?

    How about a Monster-size double intruder
    crazy glued into their rectums ?

  151. After all - they pax tax - or do they? by Mandelbrute · · Score: 2
    Movie execs are such honourble citizens and such great contributors to the society.
    After all they pay tax don't they? Well, I'm sure one of them has to - not every film like "Forest Gump" bombs on paper (but does incredibly well in reality) for tax reasons.
  152. The shoulder chip by Mandelbrute · · Score: 2
    However not quite long enough to remove the chip from the shoulder obviously
    Mostly due to seeing hypocracy - people from the USA making digs at Australians about penal colonies either know less about their own history than the average Australian does about the history of the USA, or are just being annoying bastards.

    To those who are ignorant - who do you think worked in those tobacco planations before the American colonies got slaves? Why do you think Australia was set up as a penal colony in the first place - it was because convicts could no longer be shipped to America. Hence the chip.

    The proportion of the population descended from convicts in both places is trivial.

  153. Australian Politics 101 by Mandelbrute · · Score: 2
    Liberal Party, which is sort of like the Republicans
    A better way to put it in US terms would be the British loyalists proir to the US war of independance. They are descended from the British right wing "Tory" party, but are always looking overseas for guidance.

    They are a party with very few members (as in people outside parliment, in branches etc.)- mostly drawn from the upper middle class (again different from the Republicans - who appear to be from much wealthier folk), and odd little quirks that the Republicans would never accept. Things like you can be a citizen of another nation and be chosen to run for parliment - and you don't even have to be an Australian citizen or resident to be a member and choose who is going to run for parliment. It's founder, Robert Mensies, formed the party after he was thrown out of his previous party. In the foundation speech he said that the profit motive is the greatest positive force in society (would a republican dare say that now afer Wordcom and Enron?). The Liberal party will do anything to stay in power - in Tasmania they even formed a coalition with the "greens", who are at the exact opposite of the political spectrum (those in the US would call them tree hugging commies, here we simply call them tree hugging socialists). Federally the Liberals hold power in coalition with a framers party called the National party.

    The Nationals are a million miles from communism (and would almost happily burn them), but can be defined as "agrarian socialists" - that is, they work for farmers as a communitity, not for specific rich businessmen (apart from a few Nationals, which have been kicked out or have done some jail time). They tend not to have much to do with "city" issues except in simplistic policies, and don't cope well with the seperation of judiciary and government - hence a lot of laws with "mandatory" sentences.

    The Liberal coalition holds power federally, but do not hold power in any state (they don't have enough seats to form a coalition with anyone). About the only aspect of law enforcement that the federal government has is dealing with refugees, hence the current fracas (they want to look tough - and they want ro do it by kicking heads).

    The ALP shares a lot with the British Labour Party (eg. Tony Blair), even members it appears (why are Union spokesmen usually British?). Unions in Australia bear no resemblence to odd things like the US Teamsters union and all those weird little Hollywood unions.

  154. why would we do that? by Anonymous Coward · · Score: 0

    we dont do that to IRAN. get real.

  155. Rolling in... what? by leonbrooks · · Score: 2

    Have a care! At least one of them expressed a desire to roll naked in money (possibly because rolling naked with a man didn't appeal to her). Be certain to not use valuable jellyfish, lest they enjoy it... bluebottles would probably do. Would stonefish or blue-ringed octopi be classed as permitted fillers?

    --
    Got time? Spend some of it coding or testing
  156. ...some of the sheep... by leonbrooks · · Score: 2

    Most of the outback, modulo a few large deserts and salt pans, is quite pleasant and hospitable compared with most of Afghanistan, which seems to consist entirely of dry, shattered rocks.

    --
    Got time? Spend some of it coding or testing
  157. Crocodile Hunter promises to be as funny by leonbrooks · · Score: 2

    `Good stuff. I'm keeping this for later.'

    --
    Got time? Spend some of it coding or testing
  158. They could go to jail in the US, too by herbierobinson · · Score: 2

    The proposed law is very explicit in that it only applies to copyright violation. The law explicit says they cannot do any kind of damage to anyone else. In other words, if they mess up just once and hack an innocent bystander, they are looking at a long jail term (if they get caught).

    --
    An engineer who ran for Congress. http://herbrobinson.us