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Copy That Floppy, Lose Your Computer

Over the weekend we posted a story about a new copyright bill that creates a new govt. agency in charge of copyright enforcement. Kevin Way writes "In particular, the bill grants this new agency the right to seize any computer or network hardware used to "facilitate" a copyright crime and auction it off. You would not need to be found guilty at trial to face this penalty. You may want to read a justification of it, and criticism presented by Declan McCullagh and Public Knowledge." Lots of good followup there on a really crazy development.

13 of 766 comments (clear)

  1. Re:So? by ShawnCplus · · Score: 5, Informative

    You would not need to be found guilty at trial to face this penalty. That bypasses the "Do the crime" bit since they haven't proven you've actually done the crime.
    --
    Excuse me while I gather the virgin sacrifice and assemble the pentagram required to solve your problem
  2. EFF Link by Anonymous Coward · · Score: 5, Informative
  3. Re:Bad URL by PlatyPaul · · Score: 5, Informative
    --
    Misery loves company. Online misery loves unsuspecting random strangers.
  4. How is this wrong? Let me count the ways... by beef+curtains · · Score: 5, Informative

    Amendment V

    No person...shall...be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

    I understand here that "due process of law" is actually being changed to make this legal, but I feel that the following serves to define "due process of law" in a way:

    Amendment VII

    In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

    --
    Just once I'd like someone to call me 'Sir' without adding 'You're making a scene.'
  5. Makes sense on some levels by CastrTroy · · Score: 4, Informative

    This make sense to me in some ways. I know people who were caught poaching fish (catching more than their license allowed). They had their fishing rods taken away, as well as their boat, and the truck that they towed the boat, and just about anything else that was even remotely involved in the crime. It may seem a little excessive, but it's quite a deterrent. Getting your computer taken away for sharing copyrighted content seems to be in alignment with most of the other laws I've seen. Now if this is excessive, than maybe all the other consequences for a lot of other laws are also a problem, but that's a different issue.

    --

    Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  6. Re:How is this wrong? Let me count the ways... by wattrlz · · Score: 5, Informative

    In addition: Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

  7. Re:Bad URL by jamie · · Score: 5, Informative

    Please tag a story 'typo' when you see this. It'll alert us admins to a problem and it'll get fixed in probably less time than it takes to write a comment about it...

  8. Members of the Judiciary Committee by Presto+Vivace · · Score: 4, Informative
  9. Remember AT&T Unix by John+Sokol · · Score: 4, Informative
    Back in the days before Linux and FreeBSD, back when AT&T Bell Lab Unix ruled the earth. 70's and 80's
    AT&T Unix source code was somehow put in some national security list. Basically if you were caught with a copy of the source without having had paid or part of some University that paid the $60,000 source license, the Secret Service would come with guns drawn and seize every piece of electronics equipment on the premises.

    There is little documentation that this had even happened and almost none of the victims ever received there hardware back.

    http://www.chriswaltrip.com/sterling/crack2l.html

    the Chicago Task Force were now convinced that they had discovered an underground gang of UNIX software pirates, who were demonstrably guilty of interstate trafficking in illicitly copied AT&T source code. &
    http://www.cs.wustl.edu/cs/cs/archive/CS142_SP96/notes16.html

    This finally ended with Steve Jackson Games that managed to sue them for a similar seizure.

    http://en.wikipedia.org/wiki/Steve_Jackson_Games,_Inc._v._United_States_Secret_Service
    --
    I am always doing that which I can not do, in order that I may learn how to do it. - Pablo Picasso
  10. Re:So? by SL+Baur · · Score: 4, Informative

    At least they had a warrant (such that it was...) when they stole the drug dealers' property. Which wasn't anything. I recall one case in California, where they got a warrant based on an anonymous tip (claiming marijuana was being grown), entered the property, killed the owner, didn't find any drugs but took the property anyway. The property was adjacent to some kind of animal preserve area and they couldn't annex it any other way.

    Guilty until proven innocent, shoot first gather facts later, etc. are an extremely dangerous way to conduct law enforcement, though fortunately that can't happen in the United States because the Founding Fathers wrote protections against it in the constitution. Oh wait ...
  11. Re:So? by internic · · Score: 4, Informative

    I recall one case in California, where they got a warrant based on an anonymous tip (claiming marijuana was being grown), entered the property, killed the owner, didn't find any drugs but took the property anyway.

    Is the case of Donald Scott the one you're talking about? I've never heard of this and would be interested to know. I bet others would as well.

    --
    "You call it a new way of thinking; I call it regression to ignorance!" -- Operation Ivy
  12. Hang on a second...... by NiteShaed · · Score: 4, Informative
    Okay, yes, there are cases where [suspected] drug dealers property is impounded and then auctioned, but I think your description is way off.....

    Cop sees nice expensive car. Cop pulls over the car. Cop claims you are a drug deal and plants evidence.
    Here's my first problem.....the way you're stating this, the majority of cops are cruising around with a trunk full of cocaine just waiting to frame the innocent. Yes, there are cases where evidence has been planted, but in the ones I've heard of there's usually a stonger motive than "I want to confiscate your car". Unless you cite a good source, there's no way I believe it's that rampant.

    You car and all your property within the car is sold at auction. Cop pockets all of the proceeds.
    In what jurisdiction does the cop get the proceeds of auctioned property? I've never heard of this being practiced in the United States. The state gets the proceeds, and depending on where, it could go either directly to the police budget, or the general budget. Again, unless you can cite this, I'm having a hard time believing it.

    They couldn't simply arrest all of the criminal cops because in those four states, as much as 90% of the state police would be behind bars. It was thought that created too much of a risk to public safety to put criminals in jail.
    I would suspect that corruption on that level would attract both federal investigations, and media attention.

    So chances are, if you've been ticketed by a state policeman in these states, you were ticketed by a criminal that has commit more crimes than most any criminal currently convicted, sitting in jail right now.
    I get the feeling that what you've got is some half-remembered anecdotes about evidence auctions, and a general dislike for the police.......
    --
    Some bring out the best in others, some the worst. Some bring out far more.
  13. Re:How is this wrong? Let me count the ways... by WhiteWolf666 · · Score: 4, Informative

    Ahhh,

    The Ad Hominem.

    Ron Paul is a lunatic with damn little understanding of history, economics and politics.

    Ron Paul may not be an unequaled sage; there are most likely students of history, economics, and politics who are superior to him.

    These people are not, however, in our government. Obama is a toll. Hillary Clinton, though quite bright, fundamentally doesn't understand the long-term strategic mis-steps the U.S. has made in the past 50 years. That being said, both Obama and Clinton have a much better grip on reality that the rest (as in non-Paul) of the Republican slate. McCain, Huckabee, Giulani, and the rest have no clue on basic things like immigration, economics, foreign policy, and religion.

    Does Paul say stupid things some times? Yes. However, if you do some research, you'll see that he is far more knowledgable about the issues he speaks about that his contemporaries, and many of the things that he advocates are sane, sound policy decisions.

    For example, the DEA, and the drug war, is a ridiculous mess. If the only good thing that came out of a Paul Presidency was the end of the drug war, the U.S. would be a much better place.

    The same is true of the IRS, which is also a complete mess. Keep in mind that Paul who advocate a replacement such as a sales tax, which is the sort of mechanism that European economics use (they call it a VAT).

    Our government has gone through large scale reformations before, and survived. Recently, even; look at the Department of Homeland security, which has completely reoriented the operations of domestic law enforcement, and the USCIS, which is a newish entity replacing the INS.

    I, for one, am willing to trade the possibility of the free market failing in providing economic equality in exchange for strengthening of our civil liberties, the end of the drug war, a return to a more conservative foreign policy, pursuit of a balanced budget and trade, and a complete overhaul of our insane tax system.

    Who are you to call me a lunatic, and why are the risks involved in moving to what I believe to be a "better" government any worse than the shitstorm the democrats and republicans are currently driving us towards? The vast majority of the electorate has delved into the issues far less than I have, and the vast majority of the congress, and every _other_ lunatic running for President, is a good deal less informed than Dr. Paul.

    Either you are a hopeless optimist, and like the direction this country is going in, or you've become so conservative and a afraid of change that any large-scale reorientation of the government is terrifying to you.

    Hell, I'd excuse people like you if you had a candidate who would restore our liberties without pursuing radical economics changes, however, given the current slate of possibilities on both sides of the aisle, no one other than Kucinich and Paul defend civil liberties that way they need to be defended.

    --
    WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell