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we are all Criminals thanks to new Illinios legislation

Started by C3, 2003-04-21T23:27:43-05:00 (Monday)

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C3

-the world is full of stupid people-.........

William Grim

I guess I'm breaking laws on all sorts of new fronts now.  Good luck trying to make me turn everything off.

Good luck trying to make companies turn stuff off too; I think they'll basically be fronted by companies with a "Make me."

Are these the same legislators that said hunters couldn't carry their guns in their cars or something like that?
William Grim
IT Associate, Morgan Stanley

Chris Swingler

Well, here's the whole shebang: http://www.legis.state.il.us/legislation/publicacts/pubact92/acts/92-0728.html

Scroll about halfway down, to "(720 ILCS 5/16-19 new)".  Be sure to scroll down below that and take a look at the penalties.  

"(b)  An offense under Section 16-19 is a Class  4  felony
if:...(2)  the  violation  of  Section  16-19  involves at least 10, but not more than 50, unlawful communication or  access devices....(c)  An offense under Section 16-19 is a Class 3 felony if:...(2)  the violation of Section  16-19  involves  more than 50 unlawful communication or access devices."

Wow.  Just wow.

And be sure to talk to your district's senators and representatives regarding your feelings on this new law.  Check your voting registration card to find what district you reside in (I'm too tired to look for a map right now.)  For any of you who might be from Warren Township, Lake County, IL, you're in Senate district 31 and House district 61.

--Beanie
Christopher Swingler
CAOS Web Administrator

Ryan DonCarlos

That is total(fill in here with word of choice):evil: ok so I guess I can expect a policeman at my door anyday now along with the tens of thousands of other people in IL.  I mean really I think this line said it best
"While it's hard to imagine this law being used seriously or attaining DMCA-like stature in the long-run, it’s a truly ominous sign of just how badly the average legislator is out of touch with modern technology"
I couldn't agree more one of us needs to run for senate or house in the near future  :-P I'm guessing all schools will be arrested too and everyone who has every used a computer in one as well, don't forget about hotmail either.  I know that this will not happen because no one will allow it too.  I've never liked the way that the government has dealt with new technology.  What is the government benifits in taking our privacy away on the internet? Increase in company sales beacause no one will be able to avoid spam or just make it easier for people to steal your personal identity I'm really not sure, why don't they just make the internet illegal and TV for that matter as well... those n00bs...

-=[Fate]=-
got owned?

DaleDoe

The law reads,
it is illegal to have an "UNLAWFUL communication device"
"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."

However, you must read their definition of "unlawful communication device."  In order for it to be unlawful, it must be "capable of acquiring or facilitating the acquisition of a communication service without the express consent or express authorization of the communication service provider" or have been modified to do so.

Basically, when you use the internet, if you have "express consent" from your internet provider to use their "communication service," then you are not using an unlawful communication device and therefore, this law doesn't apply to you.:-D

I read over the law rather quickly, so let me know if I may have missed an important clause.  
"If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy." -James Madison

Ryan Lintker

With the situation that the job market is in, maybe I should turn myself in.  I'm sure that I could get out in 2 years or so with good behavior.  By then the job market will be better, and I will get two years of meals, housing, and cable tv without having to lift a finger all on the state of Illinois.
"You can't always get what you want,
 but if you try sometime, you just might find,
you get what you need" - The Rolling Stones

Kade P. Cole

:-x I am a criminal! :evil: This whole thing is criminal. I wrote to the Governor and my legislators about this. I encourage everyone to do the same. Find your legislators here: http://www.elections.state.il.us/dls/pages/SelectOfficialSearch.asp.
And email the governor at governor@state.il.us. But remember be nice in your letters.
Kade
--------------------------------------
Most people HAVE to use a PC.
I GET to use a MAC with OS X!

DaleDoe

Whell, I'm still not sure that's what the law says; it's a poorly worded law.  But if it is, I'm a criminal & proud of it. 8-) Let's see them stop me! Ha ha ha ha! :lol: And more evil laughter!  :lol:
;-)
"If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy." -James Madison

C3

DaleDoe: "The law reads,
it is illegal to have an "UNLAWFUL communication device"
"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."

However, you must read their definition of "unlawful communication device." In order for it to be unlawful, it must be "capable of acquiring or facilitating the acquisition of a communication service without the express consent or express authorization of the communication service provider" or have been modified to do so.

Basically, when you use the internet, if you have "express consent" from your internet provider to use their "communication service," then you are not using an unlawful communication device and therefore, this law doesn't apply to you."


you are right, being the internet isn't outlawed by this law, but when you put up a firewall or use encryption then in my opinion you are breaking the law.

"[any device that would] 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."[/b]

You are right that the law is poorly worded, and i would argue overly broad (DMCA anyone?) and that is the reason that this is a scary law.  the fact that a law like this (or the DMCA) can be put in to effect shows the need for our lawmakers to be educated in how technology works by people other than the MPAA and the RIAA and other industry trade groups....

-the world is full of stupid people-.........

DaleDoe

Correction, it says "unlawful communication device," not just any device.  

The law defines an unlawful device as capable of using a communication service without the consent of its provider.  The wording I don't like is "capable."  

If a computer is capable--equipt with a combination of hardware & software that would allow it to gain access to a communication service without the consent of its provider, then I believe it is already illegal, isn't it?
"If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy." -James Madison

bill corcoran

i often try to look at the "big picture", but find myself recoiling from images of doom.  this "super-DMCA" really strikes a nerve.

OK, so if a machine is "capable of acquiring or facilitating the acquisition of a communication service without the express consent or express authorization of the communication service provider", it's unlawful.

damn.  "capable of"

of course, i'm _capable_ of acquiring a rifle at walmart, and taking it into class and putting a few bullets into the heads of my peers, but does this _capability_ that make me unlawful?  better sever my limbs, uncle sam.

i think outlawing firewalls is a lot like outlawing front doors.  imagine letting everyone into your house, just like letting all the packets addressed to your network on in.  it'll be easier for authorites to get in (which is offensive in itself), but the same goes for criminals.  so imagine if you will, that the next time chester the molester comes strolling around the neighborhood, your front door is wide open.  he'll be in and back out with your children in no time, but at least the police won't have to knock when they get there.

wow.
-bill

Kade P. Cole

More background on Super-DMCA state legislation.

Freedom to tinker
Baby DMCAs Punish Copy Crimes

Your right that this law is vauge and poorly worded. Check out the full text of the new law here.
Kade
--------------------------------------
Most people HAVE to use a PC.
I GET to use a MAC with OS X!

Ryan DonCarlos

I totally agree with Bill on this one it's like leavin ur barn door open  :-D

no wait I got a better idea how about we all just don;t wear clothes anymore cause I mean we are "hiding" our personal identity and you know everyone has to know EVERYTHING.    :-o
got owned?

Chris Swingler

And how can we discuss this without bring up the Electronic Freedom Foundation?  At the very least, keep an eye on what they're focusing on, and write a couple letters to your representatives.

--Beanie
Christopher Swingler
CAOS Web Administrator