[NTLUG:Discuss] [ms.g@noitacude.com: [sb1116] ALERT: Texas "super DMCA" movingthrough the legislature]

[Allen Flick]

I'm hesitant to reply, but I've glanced through SB1116 and a phrase keeps
popping up that makes me wonder why this bill is a problem.  I'll add
the caveat that if these things are already taken care of by other Texas
laws, as listed below, then I'll agree that this bill is redundant and not
needed.

But, the word I keep seeing is "defraud".  Let's assume SB1116 is not
redundant. So, what's the problem with making it illegal to defraud
someone by hooking onto the internet connection, or cable TV node,
or by running your own little ISP off of the connection of Comcast,
or whoever, when what you're paying for is individual internet access.

If I hook up "the VCR of my choice" to my cable line to catch an
occasional program when I'm not at home to watch it, I'm not defrauding
anyone.

If I create a computer network within my home, allowing access to the
internet from any room is not defrauding anyone.

The bills analysis states:

The bill creates new crimes for:
       1.Obtaining a communication service without authorization from or payment to the service provider.
       2.Connecting a device to a communications system with intent to defraud.
       3.Modifying a communication device provided by the communication service provider with intent to defraud.
       4.Possessing a communication device or unauthorized access device with intent to defraud.
       5.Preparation or publication of "plans or instructions" for such devices.

Other than the possibility of redundancy, I don't really see a problem with these 5
items.  If you were the ISP, you'd want to know that people "out there" can't steal
your service without paying for it.  I think the phrase "with intent to defraud" is key
here.

Responses ?

========================================================
Paul Elliott wrote:

> ----- Forwarded message from "Ms. G" <ms.g at noitacude.com> -----
>
> Mailing-List: contact sb1116-help at effaustin.org; run by ezmlm
> From: "Ms. G" <ms.g at noitacude.com>
> To: sb1116 at effaustin.org, austinwireless at lists.marlabs.com
> Subject: [sb1116] ALERT: Texas "super DMCA" moving through the legislature
>
> Alert!
> Senate Bill 1116 - the Texas "Super DMCA" Anti-Circumvention Bill (also HB2121) is currently blazing through the Texas legislature.
>
> SB1116 has passed out of the full Texas Senate.
> It was ammended several times and is less heinous, but is *still bad* for consumers & techies, overbroad, and unneccesary.
> Read the latest analysis by EFF-Austin and ACLU-Texas at:
> <http://wiki.effaustin.org/index.php/latest%20analysis>
>
> The bill now goes to the House.
> Faxes, letters, calls, or visits to your Tx House Rep's are your last opportunity to oppose this. You can find a sample letter and info about contacting your Rep's at:
> <http://wiki.effaustin.org/index.php/sample%20letter>
>
> Please join EFF-Austin's [SB1116] email list for to keep up with rapid daily developments.
> See <http://wiki.effaustin.org/index.php/SB1116> for full info.
> Please also keep in touch with us if you learn anything new about this bill or about what legislators think of it.
>
> ~Ms.G
> [at]NoitacudE.com
>
> on behalf of EFF-Austin
> http://www.effaustin.org/
>
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> Paul Elliott                       1(512)837-1096
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