Umm...just because the law defines something in a certain way does not make it so. I will believe that a corporation is an individual when someone stands up in a crowd and can truthfully say, "I am Microsoft."
I don't know why everyone is jumping all over this guy. I think he was trying to say something to the effect of, "Oh no, I criticized someone online. I'm in trouble now. I'd better apologize quick." You know, being ironic.
In other words, it's just gaining access to people's computers who do not want you to have access to do that.
How do you figure? Spamming someone does not in any way allow you to access the information on their computer, to read it, change it, or anything else.
As for my other comment, I believe it stands. Is there a current _legal_ difference between e-mailing someone who wants to receive it, and e-mailing a thousand people who don't?
A good point, but ultimately irrelevant. The problem is this. What government is going to admit that it is not a 'competent authority'? None, especially when that admission will hamper its ability to control those under it.
This is probably not workable. Spamming has nothing to do with hacking, or any sort of computer intrusion. It's just emailing lots of people who don't want to be e-mailed. If spamming was labeled as hacking under the current law, e-mailing would be too.
What is really needed to address the problem you're talking about is a separate law dealing with spam, and not just labeling it as something else which is illegal.
From the text of the treaty:
1. Each Party shall adopt such legislative and
other measures as may be necessary to empower
its competent authorities to order:
a. a person in its territory to submit
specified computer data in that person's
possession or control, which is stored in a
computer system or a computer-data storage
medium;
That being said, I submit the following scenario:
Police: Hand over the data on your hard drive which links you to [Criminal Act X].
Innocent Citizen: I have no such data, since I was not involved in [Criminal Act X].
Police: Since you did not hand over the data, you are in violation of the CyberCrime Treaty. You are under arrest. Come with me.
Slashdot Mirror
It was called Harrison Bergeron. I believe it was by Kurt Vonnegut, although I'm not certain. Great story, by the way.
Umm...just because the law defines something in a certain way does not make it so. I will believe that a corporation is an individual when someone stands up in a crowd and can truthfully say, "I am Microsoft."
I don't know why everyone is jumping all over this guy. I think he was trying to say something to the effect of, "Oh no, I criticized someone online. I'm in trouble now. I'd better apologize quick." You know, being ironic.
In other words, it's just gaining access to people's computers who do not want you to have access to do that.
How do you figure? Spamming someone does not in any way allow you to access the information on their computer, to read it, change it, or anything else.
As for my other comment, I believe it stands. Is there a current _legal_ difference between e-mailing someone who wants to receive it, and e-mailing a thousand people who don't?
A good point, but ultimately irrelevant. The problem is this. What government is going to admit that it is not a 'competent authority'? None, especially when that admission will hamper its ability to control those under it.
This is probably not workable. Spamming has nothing to do with hacking, or any sort of computer intrusion. It's just emailing lots of people who don't want to be e-mailed. If spamming was labeled as hacking under the current law, e-mailing would be too.
What is really needed to address the problem you're talking about is a separate law dealing with spam, and not just labeling it as something else which is illegal.
From the text of the treaty: 1. Each Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to order: a. a person in its territory to submit specified computer data in that person's possession or control, which is stored in a computer system or a computer-data storage medium; That being said, I submit the following scenario: Police: Hand over the data on your hard drive which links you to [Criminal Act X]. Innocent Citizen: I have no such data, since I was not involved in [Criminal Act X]. Police: Since you did not hand over the data, you are in violation of the CyberCrime Treaty. You are under arrest. Come with me.