State Super-DMCA Too True

William Allen Simpson wsimpson at greendragon.com
Sat Mar 29 20:53:32 UTC 2003


Declan McCullagh sent out an email 7:56 am EST this morning, 
referencing his full report at:
 http://news.com.com/2100-1028-994667.html

I was shocked to see that Michigan has *already* passed such a law! 
(Also Virginia, Delaware, and Illinois.)

I've found the new law(s), and they basically outlaw my living in 
Michigan starting March 31st (this Monday, two days from now):

http://www.michiganlegislature.org/printDocument.asp?objName=mcl-750-219a-amended&version=txt

http://www.michiganlegislature.org/printDocument.asp?objName=mcl-750-540c-amended&version=txt

The Bill analysis basically quotes the MPAA website!

http://michiganlegislature.org/documents/2001-2002/billanalysis/house/htm/2001-HLA-6079-b.htm

It outlaws all encryption, and all remailers.  

It outlaws connecting any device "without the express authority of the 
telecommunications service provider".  No NATs.  No wireless. 

(Some DSL/cable companies try to charge per machine, and record the 
machine address of the devices connected.) 

It outlaws configuring your ISDN to be a voice device, and then sending 
data over the device. 

(Most folks around here are willing to settle for 56Kbps + 56Kbps -- 
fixed fee -- instead of 64Kbps + 64Kbps -- per minute.)

It outlaws configuring a wire pair purchased as a burglar alarm circuit, 
and then using it as DSL.

It outlaws using Linux/*BSD for reading DVDs and a host of other things.

Also, "reprogramming" a device (and software and computer chips are 
explicitly included) "that is capable of facilitating the interception, 
transmission, retransmission, decryption, acquisition, or reception of 
any telecommunications, transmissions, signals, or services" would seem 
to prohibit mod'ing of M$ Xboxen. 

Heck, it is possible to read this Act to prohibit changing your 
operating system from M$ to Linux. 

This was passed in a lame duck session (December 11, 2002) as part of 
a big omnibus crime act that covered everything from "adulteration of 
butter and cream", to "trick or acrobatic flying" to "false weights and 
measures", mostly increasing fines and/or jail for existing offenses.  
Michigan is a leader in overcrowding its prisons.  

There was other lame duck legislation passed, before a new Governor 
took office, almost all of it bad for civil liberties!

-- 
William Allen Simpson
    Key fingerprint =  17 40 5E 67 15 6F 31 26  DD 0D B9 9B 6A 15 2C 32



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