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."

Comments

all computers now illegal, summary of laws

[wadiwood]

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

in english

[zogger]

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.