Re: [DMCA-Activists] Mass. hearing on super-DMCA

[Dan Barrett]

On Tuesday 01 April 2003 13:18, C. Scott Ananian wrote:
> I'm interested in going.  Have you found more information on the bill than
> what's presented at the link?  

I grabbed the RTF from Ed Felton's site 
(http://www.freedom-to-tinker.com/superdmca.html) and converted it to plain 
ol' text:
http://www.offthehill.org/~dan/mass_dmca.txt


> "legislation to establish a crime of
> illegal internet and broadband access" makes it sound like this is about
> cable theft, nothing more...

The alarming sections (bear NAT, firewalls, VPNs, and GPG in mind) :

6) "Unlawful access device." Any type of instrument, device, machine, 
equipment, technology 
or software which is primarily designed, developed, assembled, manufactured, 
sold, 
distributed, possessed, used or offered, promoted or advertised, for the 
purpose of defeating or 
circumventing any technology, device or software, or any component or part 
thereof, used by 
the provider, owner or licensee of any communication service or of any data, 
audio or video 
programs or transmissions, to protect any such communication, data, audio or 
video services, 
programs or transmissions from unauthorized receipt, acquisition, 
interception, access, 
decryption, disclosure, communication, transmission or re-transmission.

(b) Offense defined.--Any person commits an offense if he knowingly:

(1) possesses, uses, manufactures, develops, assembles, distributes, 
transfers, imports into this 
state, licenses, leases, sells or offers, promotes or advertises for sale, use 
or distribution any 
communication device:

(i) for the commission of a theft of a communication service or to receive, 
intercept, disrupt, 
transmit, re-transmits, decrypt, acquire or facilitate the receipt, 
interception, disruption, 
transmission, re-transmission, decryption or acquisition of any communication 
service without 
the express consent or express authorization of the communication service 
provider; or

(ii) to conceal or to assist another to conceal from any communication service 
provider, or 
from any lawful authority, the existence or place of origin or destination of 
any 
communication; or

(2) modifies, alters, programs or reprograms a communication device for the 
purposes 
described in subparagraphs (b)(1)(i) and (ii) above; or

(3)  possesses, uses, manufactures, develops, assembles, distributes, imports 
into this state, 
licenses, transfers, leases, sells, offers, promotes or advertises for sale, 
use or distribution any 
unlawful access device; or

(4) possesses, uses, prepares, distributes, sells, gives, transfers or offers, 
promotes or advertises 
for sale, use or distribution any:

(i)  plans or instructions for making, or assembling or developing any 
communication or 
unlawful access device, under circumstances evidencing an intent to use or 
employ such 
communication or unlawful access device, or to allow the same to be used or 
employed, for a 
purpose prohibited by this section, or knowing or having reason to believe 
that the same is 
intended to be so used, or that the aforesaid plans or instructions are 
intended to be used for 
manufacturing or assembling such communication or unlawful access device for a 
purpose 
prohibited by this section; or

(ii) material, including hardware, cables, tools, data, computer software or 
other information or 
equipment, knowing that the purchaser or a third person intends to use the 
material in the 
manufacture, assembly or development of a communication device for a purpose 
prohibited by 
this section, or for use in the manufacture, assembly or development of an 
unlawful access 
device; and

(5)  Assist others in committing any of the acts prohibited by this section.