FITUG e.V.
Förderverein Informationstechnik und Gesellschaft
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------- Forwarded message follows ------- Date sent: Sun, 30 Mar 2003 10:02:12 -0500 To: politech@politechbot.com From: Declan McCullagh <declan@well.com> Subject: FC: An analysis of Michigan and Colorado "mini-DMCA" bills Send reply to: declan@well.com
Previous Politech message: http://www.politechbot.com/p-04602.html
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Date: Sun, 30 Mar 2003 09:32:21 -0500 From: Michael Powe <michael@trollope.org> To: Declan McCullagh <declan@well.com> Subject: mini-DMCA
section 1b unambiguously makes vpns and some sorts of connection encryption software illegal. anonymous remailers are now illegal in michigan. it may even affect ssl connections.
section 1c makes wardriving illegal, along with making connections to open wireless networks.
section 1c.2 makes illegal installing vpn software &c.
note that this wording is different from that of other bills mentioned earlier. other bills made the distinction that the 'concealment' had to be tied to attempts to defraud the service provider. this bill does not make that distinction.
mp
http://www.michiganlegislature.org/mileg.asp?page=getObject&objName=mc l-750-540c-amended
***** 750.540c.amended THIS AMENDED SECTION IS EFFECTIVE MARCH 31, 2003 *****
750.540c.amended Prohibited conduct with regard to telecommunications access device; violation as felony; penalty; amateur radio service; forfeiture; order; definitions. Sec. 540c.
(1) A person shall not assemble, develop, manufacture, possess, deliver, offer to deliver, or advertise an unlawful telecommunications access device or assemble, develop, manufacture, possess, deliver, offer to deliver, or advertise a telecommunications device intending to use those devices or to allow the devices to be used to do any of the following or knowing or having reason to know that the devices are intended to be used to do any of the following:
(a) Obtain or attempt to obtain a telecommunications service with the intent to avoid or aid or abet or cause another person to avoid any lawful charge for the telecommunications service in violation of section 219a.
(b) Conceal the existence or place of origin or destination of any telecommunications service.
(c) To receive, disrupt, decrypt, transmit, retransmit, acquire, intercept, or facilitate the receipt, disruption, decryption, transmission, retransmission, acquisition, or interception of any telecommunications service without the express authority or actual consent of the telecommunications service provider.
(2) A person shall not modify, alter, program, or reprogram a telecommunications access device for the purposes described in subsection (1).
(3) A person shall not deliver, offer to deliver, or advertise plans, written instructions, or materials for the manufacture, assembly, or development of an unlawful telecommunications access device or for the manufacture, assembly, or development of a telecommunications access device that the person intends to be used or knows or has reason to know will be used or is likely to be used to violate subsection (1). As used in this subsection, "materials" includes any hardware, cables, tools, data, computer software, or other information or equipment used or intended for use in the manufacture, assembly, or development of an unlawful telecommunications access device or a telecommunications access device.