[lug] Colorado "Super-DMCA" bill impacts on Internet, privacy, security

Jeff Schroeder jeff at neobox.net
Thu Apr 10 23:27:45 MDT 2003


Neal wrote:

> the
> model legislation would have the possibly unintended effect of
> outlawing critical and popular Internet technologies like NAT
> (Network Address Translation).  Many say that it clearly would outlaw
> Vitual Private Networks (VPN), private email (TLS-SMTP), etc.

Actually, in reading the bill (the PDF linked in your post) it appears 
that changes have been made to the section in question.  See lines 1-6 
on page 10 [Section 2 (p) (2) (a) (IV)] where it makes it a criminal 
act to:

"Conceal or assist another to conceal from any communications service 
provider, or from any lawful authority, the existence or place of 
origin or destination of any communication that utilizes a 
communication device IF SUCH CONCEALMENT IS FOR THE PURPOSE OF 
COMMITTING A VIOLATION OF SUBPARAGRAPH (I), (II), OR (III) OF THIS 
PARAGRAPH (a)."

The emphasis at the end is the amended text.  Formerly, that single 
paragraph would have made it criminal to use NAT, VPN, encrypted 
e-mail, and so on.  But with the addition it seems honest citizens and 
businesses will be in the clear.

That being said, I'll second your concerns that this legislation, the 
DCMA, and others like it are all part of a frightening trend to strip 
our freedoms and benefit no one but the special-interest groups (RIAA, 
MPAA, etc.) who are frantically trying to squelch any technological 
advances that endanger their monopolies.

Knowing the BLUG isn't really a political discussion forum, I won't say 
more.  But it's important for all of us-- as a community of informed, 
intelligent developers, consultants, and users-- to be aware of the 
legal environment in which we work and play.  Hopefully this bill and 
its cousins will be defeated.

$0.02,
Jeff



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