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Broad Bills to Protect 'Communications Services'

Posted by michael on from the overreaching dept.

mttlg writes "According to Freedom to Tinker, MA, TX, SC, FL, GA, AK, TN, and CO have introduced similar bills that would make it illegal to possess, use, etc. "any communication device to receive ... any communication service without the express consent or express authorization of the communication service provider" or "to conceal ... from any communication service provider ... the existence or place of origin or destination of any communication." (Additional legalese removed for the sake of brevity.) This would seem to outlaw NAT, VPNs, and many other security measures. In other words, don't secure your communications, just sue if you don't like who receives them." The bills define 'communication service' as just about any sort of telecom service that is provided for a charge or fee. In effect, they would extend the already-extant laws relating to theft of cable TV services to any telecom service. For example, if your ISP charges per computer connected, using a router/NAT device would be illegal if these became law.

2 of 524 comments (clear)

  1. Read these *drafts* more carefully by Gudlyf · · Score: 5, Informative

    The key words in these draft bills is that these are in regards to the user acting "with intent to defraud" and is written to imply that it is the use of technologies "to defraud" that is the crime, not simple possesion. The bigger risk is that this bill could be used to tack on additional charges to some other crime (e.g. if you submitted a fraudulent tax return via an encrypted channel). Unfortunately, some cable vendors have very restrictive usage agreements so it may be quite easy find yourself technially guilty of "fraud".

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    1. Re:Read these *drafts* more carefully by Happy+go+Lucky · · Score: 5, Informative
      The key words in these draft bills is that these are in regards to the user acting "with intent to defraud" and is written to imply that it is the use of technologies "to defraud" that is the crime, not simple possesion.

      Not in the Colorado bill. In ours, "A person commits a violation under this section if he knowingly [commits a prohibited act, which would take me about ten pages to transcribe and does appear to include the operation of an otherwise legal VPN or IP-masq firewall.]

      Colorado residents: This late in the session, it shouldn't be too hard to make sure this thing dies. Call your state rep and senator (it's been introduced in both houses: you can get the numbers through www.vote-smart.org if you know your own ZIP code.)

      Right now, it's in the State House Information and Technology Committee, and the (god only knows why) Senate Veterans and Military Affairs Committee. You can gripe to their chairmen, Rep. Shawn Mitchell at 303-866-4667 and Senator Doug Lamborn at 303-866-4835. Sen. Lamborn is the bill's Senate sponsor, so I don't know how much good that particular phone call will do.