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Update on Tennessee Super DMCA
CollinWinter writes "Though decisions on SB-213 and HB-457 have been delayed, both bills are still alive and kicking. The House version, HB-457, will next appear before the House Judiciary Committee on Wednesday, 30 April, at 8:30am in room 16 of Legislative Plaza. SB-213 goes before the Senate Judiciary Committee on Tuesday, 6 May, at 3:30pm in room 12. More information about the opposition to these bills can be found at http://www.tndigitalfreedom.org."
"possess...*[more usage verbs]*... any unlawful communication device:
So who determines if something is MADE to recieve such and such a service. This is all so ridiculous. Are you proud to live in the united states of corporate america?
Why stick up for big business?
For anyone interested, theres a public forum about this at
Here
and FP??
These pretzels are making me thirsty.
let's hope that the people old enough to vote in TN can actually make a difference here... a couple hundred people showed up to stop an income tax (god forbid we lower regressive taxes...), so maybe this has a chance of being stopped? i know i'm just being optimistic, but i can't help but think.... lol
How I hate legal jargon and pdf files
So I guess HB0457 Part 2B makes it illegal to own a computer is capable of running NATD and the rest of it seems to make owning or building a computer illegal.
*SB0213 by *Person, Curtis . (HB0457 by *Briley.)
Telecommunications - Increases penalties for existing offenses and creates new offenses relative to theft of electronic communications devices and data. - Amends TCA Title 39, Chapter 14, Part 1.
Defines theft offences as any conduct involved in theft of telecommunication services or data, including the making, distributing or use of devices,plans or materials for the unauthorised interception or disruption of media, and the fraudulent use of telephone or credit card numbers to avoid payment of tolls. Violations involving 5 or more devices constitutes a class D, less than 5 class E felony other violations class B...
HB0457
00210530
-1-
(a) It is an offense for any person knowingly to:
(1) Possess, use, make, develop, assemble, sell, distribute, lease,
license, transfer, import into this state or offer, promote or advertise any unlawful
communication device:
(A) For the unauthorized acquisition or theft of any communication
service or to receive, intercept, disrupt, transmit, re-transmit, decrypt,
acquire or facilitate the receipt, interception, disruption, transmission, retransmission,
decryption or acquisition of any communication service
without the express consent or express authorization of the
communication service provider; or
- 2 - 00210530
(B) To conceal, or to assist another to conceal, from any
communication service provider or from any lawful authority the existence
or place of origin or destination of any communication.
(2) Modify, alter, program or reprogram a communication device
designed or adapted, or which is used, for the purposes prohibited in subsections
(a)(1)(A) and (B) above;
(3) Possess, use, manufacture, assemble, develop, distribute, import into
this state, license, transfer, sell, lease or offer, promote or advertise for sale, use,
lease or distribution any unlawful access device;
(4) Possess, use, distribute, sell, give, transfer or offer, promote or
advertise for sale, use or distribution any:
(A) Plans or instructions for making or assembling any unlawful
communication or access device under circumstances evincing an intent
to use or employ the unlawful communication or access device, or to
allow the same to be used or employed, for a purpose prohibited by this
section, or knowing or having reason to believe that the same is intended
to be so used, or that the plans or instructions are intended to be used for
making or assembling the unlawful communication or access device for a
purpose prohibited by this section; or
(B) Material, including hardware, cables, tools, data, computer
software or other information or equipment, knowing that the purchaser or
a third person intends to use the material in the manufacture,
development or assembly of an unlawful communication or access device
for a purpose prohibited by this section;
(5) Publish plans or instructions for making, assembling or using any
unlawful communication or access device with the intent of promoting the
- 3 - 00210530
making, assembling or using of an unlawful communication or access device for
a purpose prohibited by this section;
(6) Publish the number or code of an existing, cancelled, revoked or
nonexistent telephone number, credit number or other credit device, or method of
numbering or coding which is employed in the issuance of telephone numbers,
credit numbers or other credit devices with knowledge or reason to believe that it
may be used to avoid the payment of any lawful telephone or telegraph toll
charge under circumstances evincing an intent to have the telephone number,
credit number, credit device or method of numbering or coding so used; o
-- it must be true, it's on the internet.
in english (probably wrong here and there, just giving it a shot, any real lawyers please chime in) it says-although primarily directed at stuff like spammed headers in email and cracking and distributing cc numbers,and phone phreaking, etc-it says you can't obfuscate your machines IP number. No firewall. You can't decrypt any packets. You can't use encryption. You can't tunnel or ssh. You can't mod your computer without permission, nor your radio, television, satellite receiver, etc. You can't offer a webpage that is accessible in tennessee that shows how to do any of those things. You can't publish or sell a book there either that has any of that information. You can't talk about it over the phone. You can't look at source code or use compilers or editors, etc to see how things work that have anything to do with communications. You can't you can't you can't in other words, it's pretty broad, because you don't have to know what the next party is doing with the info, nor do you have to do anything with the info, mere possession of the information is illegal, not any actual *act* of stealing anything. It's analgous to the vague "burglary tools" statutes that cops use sometimes when they think they got you on something and find out they don't, they charge you with possession of burglary tools with a screwdriver, or a "weapon" like a tire iron in your car.. Any and all your hardware is subject to seizure if they *think* you are doing any of this stuff obviously.
Near as I can see, you are allowed to run a stock install approved closed OS, in a stock machine, go surf training wheels innocuous sites, do some normal email, that's about it. No proxies obviously. IT security in general terms looks pretty darn illegal, you can't even READ about a lot of exploits, nor talk about any you already know of. TALK. Running most stock distros with things like nmap installed looks rather touchy. In fact I think any prosecutor there could get you cold running a stock kitchen sink linux install.
Felony, too, see "patriot act" what they can do to you then.
I think if all the IT guys in that state announced to their employers that they would have to drop all the security and just hookup all the networks to the net direct,that it's the law now and sorry, too bad, and to take it up with the state that that might work better then a buncha geeks going down there. Let the suits with the cash complain, they are the ones contribute and pay for these bozos to be in office. Let the entire state have no computer security, see how long that flies. give em what they want, let those legislators step all over their own dicks trying to be leet lawyers all the time, see how that effects business. I bet a lot of businesses "volunteer" to relocate someplace else, no state income tax isn't the same as wide open networks.
It's ok, just ignore all this nonsense, it will all be over soon. Just listen to my words. It's ok, just ignore all this nonsense, it will all be over soon - There's nothing to worry about. Nobody is going to hurt you, it's ok, just ignore all this nonsense, it will all be over soon.
And drink this magical kool-aid
Who is this "Poster" guy and why does he own all of my comments?!?
This article gets like 10 replys and the friggin Terminator Trailer gets hundreds. Here is a notice about how we could ACTUALLY MAKE A DIFFERENCE rather than just whine about these things and it goes ignored.
For the love of Mike how deep do we have our heads in the sand?
"Cleedus, dis 'ere boy 'ere on SassDot says we caint hack us no DVD player!!"
"We'n sho 'im a ding 'er do 'bout hackin'. Pa! Get yer ax, an' duh TV-taper -- we's gonna hack us a TVD taper!"
As a former Tennesseean, and as I still have family and friends back there, I am worried about the current track on SB-213 and HB-457. :/
:)
Thank you Kosturko-san and Mr. Kozicki, for your quick repsonse and putting together a central information point on the bills.
I'm worried though, as a Ham radio operator, that if I decide to move back to Tennessee, or even decide to travel thru Tennessee, if I overhear a transmission, or am even in posession of my gear, could the state confiscate my equipment and charge me under these bills for having telecomunication equipment that is capable of recieving a stray 49MHz analouge cordless phone call. Failing not to mention that as ham, we have primary status on the 2.4GHz ISM band (802.11b/802.11g turf). And we all know how easy it is to pick up stray packets on WiFi...
All that I ask is for everyone who carries or has a Voters Registration card is to contact your district Senator and Representative and ask them to vote NO on SB-213 and HB-457, respectively.
Thank you and God Bless.
P.S. Kosturko-san, I owe you a dinner at China King
As I walk through the valley of death I fear no one, for I am the meanest sonova bitch in the valley!
...I guess sometimes I use too much slang when I write. I'll blame it on a very remote blood relationship with samuel clemens... If I was writing this to present to some committee it would be different, obviously. heh. anyway.....
It's not only IT guys who have a lot to lose, it's the actual companies they work for. And it's not only IT guys and their companies, it's EVERYONE who has a lot to lose with all these new so called "laws" being passed. It's just gross. These laws in particular are re building personal computer ownership and use and the internet in general into nothing more than what one way cable TV is once they really start enforcing it. You'll be able to click on an approved web page and that's about it. Your computer will be government approved designed and in a sealed box, illegal to open up. Honest, the next step then it looks like they will take is requiring "licenses" for this or that. You pro IT guys will be regulated and licensed, you can smell it coming. Sending packet one that is not approved will be a fine or jail time. Looking at whatever, the same, if it isn't the true and approved "way".
The main problem is we have this "legal" setup where we "elect" people who on purpose every year get together and who's sole job is to pass NEW laws with no provisions for removing OLD laws or even just to watch over whatever has already been passed. There doesn't exist enough "supreme" courts to keep up with it, it's beyond nuts. And to "challenge" a law you have to take the chance of actually getting arrested and "breaking" the law. I mean, how stupid is that? Serious social design flaw there. The founders were smart, but missed a few biggees it appears. Now we HAD a great way to deal with lame laws, that was the power of the jury, and I can guarantee you that if you are on a jury and start making noises about jury nullification to your fellow jurors that 'the judge" will lock you up as fast as he hears about it, even though it is lawful for juries to nullify stupid laws, and illegal for a judge to harass the jury or intimidate a juror. The reason why this can happen is that the police forces have been co opted into being hired mercenaries for the power structure. It's nuts, but it's real. We've lost the best possible check and balance to over reaching governmental power we had short of the cartridge box, and that is "we the people" lost control over the jury box. Stupid and non common sense laws used to get ignored and chucked out and "case dismissed", now they just keep getting enforced and new ones written. Corrupt judges are rarely called on their corruptions, it's too hard to do when you are locked up.
I would support a severe reduction in time limits legislatures can be in session,both federal and state, outlaw law "bundling" completely, and forced reviews of all laws past and current, so that unconstitutional laws never get passed in the first place and that old laws get removed as much as possible. Call it an emergency decree of overview or something of that sort. It's just way out of hand now. There is no rational reason that the US people need literally millions of laws, none, zero. The "law industry" is so parsitical, it needs to be slapped down and hard. I mean, I want any legislator anyplace to tell me when/where is the EXACT point we will have "enough" laws and regulations that they are 'content and happy". It's open ended on their side, as long as we keep eating new laws they will keep serving them up. I say we should push back away from the law table and get up and leave that restaurant for awhile and digest what we have already eaten.
To answer your question exactly, how to get joe government to go after the big guys first, I think that is waiting too late, you really can't count on that, these new laws just need to be stopped, and any legislators who insist on voting for them need to not be in office next time around. The only way to do that is hit em where it hurts, campaign contributions, and the suits decide who gets what there. So you IT guys need to go to