State Super-DMCA Too True
Jack Bates
jbates at brightok.net
Sun Mar 30 18:09:56 UTC 2003
Jamie Lawrence wrote:
>
> Perhaps we'll have to agree to disagree, if you think those where good
> laws.
>
I don't necessarily think they are good laws. What it comes down to is
this. A person will do whatever they think they can get away with if the
punishment is only losing their service. I personally think that ISPs
should write in penalty costs for breaking TOS and AUP and set them high
enough to scare people into not breaking them. However, history has
shown that we instead make it a criminal offense and use that as the way
to scare people into doing what is right to begin with.
> Extending this to criminalizing devices capable of doing NAT, or port
> forwarding, or (seemingly, in some cases) encryption, or anonymous
> remailers, is stupid and wrong.
>
I do think that the Act was poorly written and have stated such. There
is too much room for abuse of the Act. They tried to incorporate too
many things under one umbrella. And ISP should not be grouped with telco
or even cable. It has it's own sets of problems, and those problems
should be handled uniquely. Combining legislation has never been a good
deal.
> If you need to criminalize what you should be enforcing by contract,
> your business has a problem.
>
People, especially home users, don't fear breach of contract, especially
if they feel they might get away with it. They do fear the law and going
to jail; reguardless of if it's enforced heavily or not.
-Jack
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