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

[severian@pobox.com]

Howdy,
    I think you have to think how the law will be used.  You see the phrase 
intent to defraud and that seems like something that would be hard to argue 
with.  But, the examples that are most obviously theft are already 
illegal.  If I hook up illegally to cable, that is theft of services.  But, 
this bill would go further.  It effectively shifts the burden from the 
company having to prove faud and collect daages to the individual having to 
defend themselves against the state.  When the state prosocutes you, you 
can count on significant expense and inconvenience, even if you prevail in 
the end.  Most people will just cave in to any demand of the service 
provider rather than take that chance.  I can't see how a legitamate case 
has been made that it is in societies interest to criminialize this.
   Both of the thing you say you can do, i.e., hooking up a VCR and hooking 
up multiple computers, may not be legal much longer if laws like this take 
effect.  All it takes is for the cable company to change their terms of 
service.  Whether you notice the change will be irrelevant to your standing 
in court.  In a civil case, they would probably have to show that adequate 
notice was provided.  In a criminal case, your ignorance would be no 
excuse.  I know there is a presumption of innocence.  But, the court then 
weigh the evidence.  And the evidence will say you are guilty beyond a 
reasonale doubt.
Good day,
Ralph

In response to the welcome remarks of Allen Flick at 03:24 PM 5/22/03 -0500:
>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.