American Movie Execs Could Face Aussie Jails For Hacking 445
pegacat points to a story in the Melbourne Age which says that "American movie, recording and software executives could be arrested if they travel to Australia, could be prohibited from entering Australia, or could be extradited to face criminal charges if Californian Democrat congressman Howard Berman's copyright protection bill, which allows cracking
of computers, passes into law." That's because "Under section 9a of the Victorian Summary Offences Act (1966), 'a person must not gain access to, or enter, a computer system or part of a computer system without lawful authority to do so'. The penalty if convicted is up to six months' jail."
Comment removed (Score:4, Funny)
Re:Amendment (Score:2)
Re:Amendment (Score:4, Insightful)
To put it in a way that makes sense to the impressionable out there, these execs are seeking immunity from acts of cyber-crime on regular individuals(like you...you never used napster or kazaa though, right?).
to put in a way the rest of us can comprehend, this amalgamation of corporations is seeking the legal permission to the equivilant of vigilante justice. Unfortunately, while this is generally illegal(especially when this form of 'justice' takes the form of an especially illegal act itself) for the common man, it's a-okay for a huge, irresponsible, amoral corporation to have, because they have the money to bribe the oh-so-bribable US polititans. The results of this law passing would be far reaching, possibly setting precident down a long road where corporations begin to gain more and more rights to seek vigilante justice, first on-line, but someday, perhaps in the real world.
While I disagreed with the imprisonment of dimitry, because it was due to a law which did not make sense, was immoral, and was obviously bought, the thought of imprisoning criminals who happen to be rich enough to get an exemption appeals to me.
Re:Amendment (Score:3, Interesting)
Unlike mafiaboy, these are supposedly adults. They won't get the benefit of going through the juvenile court system.
Re:Amendment (Score:5, Insightful)
Re:Amendment (Score:4, Interesting)
Re:Amendment (Score:2)
The best part is that the JCS have been totally cut out of planning for this Iraq thing. It's less of a true national policy than a nostalgia thing among some administration members. It's also getting quite tiring. [satirewire.com]
Australia's safe until Paul Hogan starts attending NSC meetings.
Re:Amendment (Score:3, Insightful)
All funding measures, however, are required to be initiated in the House of Representatives.
This was not even similar to the consititutional protocols. Not even similar. Now I will grant that it's harder to get a 2/3 vote out of 100 people than out of 26. It's even harder to get them together quickly. But it shouldn't really be that difficult if it's a matter that really is urgent, and if it isn't, what are we doing going to war over it?
Re:Amendment (Score:4, Insightful)
Yeah, and a law permitting the US armed forces to invade Australia to free captured media company execs.
Since when did the US need a law to invade foreign countries? Hell, they do it even where there are international laws forbidding them from doing it.
Re:Amendment (Score:3)
Re:Amendment (Score:2)
Re:Amendment (Score:2)
Perhaps in an amazing instance of precognition, media execs have already made a movie about it! [spygame.net]
Re:Invasion != declaring war (Score:2)
Re:Invasion != declaring war (Score:4, Informative)
No it isn't. The president can invoke the War Powers Act of 1973 [indiana.edu]. It allows for 60 days of war-like activity without the intervention of Congress. The president is required to consult with Congress first but that usually never happens. The issue of a president causing a war is only a problem when there is enough backlash to stop him/her from doing so. I'm not trolling but there won't be much backlash against a war ever since the Vietnam War caused so much division in the country. Anti-war advocates are generally written off as anti-American by the public and their cries for a halt to aggressiveness is largely ignored.
Blame the 60's and early 70's for america's war-like culture. Well, you can also blame other countries/organizations for trying to kill Americans just because they're Americans but people don't like to talk about that.
Re:Amendment (Score:2)
Re:Amendment (Score:2)
Re:Amendment (Score:3, Insightful)
Re:Amendment (Score:2)
Actually breaking into computers has way too many legal issues. No one is proposing that -- they simply want to DoS computers, and the *only* method I've seen proposed so far is by eating up download slots by trickling out many, many downloads. Polluting the network with bogus files doesn't need the "DoS immunity" law, and that's already being done.
So, sexy as it may sound to have the RIAA/MPAA trying to "hack" into computers, they really aren't. They aren't trying to gain any form of additional access that a normal random computer on the Internet doesn't already have (at least last I've heard
go aussies go!!! (Score:2, Interesting)
Go Aussies Go!!!
or maybe they'll blackmail the Australian government into passing similar legislation, on the threat that there won't be any more films made in their country (so: bye bye dollars...)
Movies made down under (Score:2, Informative)
In the case of LoTR, the dude behind it, Peter Jackson, just happens to be a New Zealander. It's made here because Jackson is doing it at home instead of overseas.
BTW: Weta Studios are using Linux - oooeee I mentioned Linux on /.
Re:go aussies go!!! (Score:3, Interesting)
Symbolic threats are meaningless (Score:3, Insightful)
And please, don't quote the Gandhi 'First, they laugh at you' thing again. Without a concerted effort from other Western nations (at a minimum), the closest thing this approximates is a soggy spitball and straw against a tank.
well (Score:3, Insightful)
if Rosen pays someone to hack for her why shouldn't she be responsible for it in the same fashion
Re:well (Score:3, Insightful)
The laws don't work the same when you're rich and famous. Don't be so naive.
Not to put too fine a point on it (Score:2)
Another poster in this forum suggested that Canadian extra-territoriality law has some relevance (as a Canadian, I'm inclined to agree) -- to wit, our laws to do with your Cuba embargo (Helms-Burton being the most recent example) specifically hold the American act and its provisions to be invalid in Canada. I imagine the Aussie law to be much the same sort of thrust. Then again, how many of you Americans are aware of the Canadian law? Do you know how many cases have been brought to trial? The number of cases can be counted on one hand with a couple of fingers missing. And, truthfully, how many of you could care less?
Anyway, this is all a moot point. All this talk is not going to force US-based 'meeja' executives to resort to e-mails and conference calls only, no matter how much the constituency here wants to see it done. Unfortunately.
Lawful authority? (Score:5, Funny)
Wouldn't the bill be considered lawful authority? If Australian law can be applied to US citizens, it's likely (though I ain't anal) that US law would apply to those same citizens.
Then again, Australia has a long and distinguished record of being a penal colony for the British, maybe it's time to reinstate that concept and ship RIAA and MPAA execs, all of Arthur Andersen, and all Fortune 500 CEOs to a remote part of the Aussie outback. We can even turn it into a spectator sport - Survivor 2.0 - broadcasting it live with free Internet feeds from ROVs orbiting the area. "Will Bill Gates eat Steve Ballmer? Tune in tomorrow on Survivor 2.0, same time, same server!"
Re:Lawful authority? (Score:5, Insightful)
*snort* Laws passed by any sovereign country are only valid inside that country. The USA can pass as many crap bills as it wants - Australian courts would likely tell you to fuck off and give you six months jail for that kind of argument.
And as for a "long and distinguished record of being a penal colony" 1788 (first landing) to 1868(last convicts shipped off to Australia) is 80 years, and 134 years ago now. So back off, pal.
Although , we *do* have a lot of desert out there... maybe a survivor 2.0 as suggested would be ok.
Re:Lawful authority? - OT (Score:2, Interesting)
Re:Lawful authority? (Score:3, Funny)
However not quite long enough to remove the chip from the shoulder obviously
Re:Lawful authority? (Score:5, Funny)
Be British, Go to America, make a comment about 'Visiting the Colonies', listen to reaction, smile knowingly to yourself.
Be American, Go to Britain, make a comment about 'Having to save your asses in every war', listen to reaction, smile knowingly to yourself.
Trolling had a long aural tradition before Usenet was invented.
Good Aussie joke here (Score:5, Funny)
Re:Lawful authority? (Score:5, Insightful)
Or continue the hypocrisy with...
c) If an Australian broke an American law while in Afghanistan then the Americans will kidnap the Australian and hold him illegally without representation in a US military base.
Re:Lawful authority? (Score:2)
*shudders* I don't think I want to know...
Re:Lawful authority? (Score:3, Interesting)
Hang on a minute! (Score:3, Insightful)
Does this mean that movie executives will not be able to travel outside of the US at all?! Cool!
Yeah, so I'm a dreamer. I know full well that Tony "Grining Laky" Blair would never arrest an American movie executive for something like this. It would make George Bush (His pal) cry, and we can't have that!
Australia's PM == Bush's poodle (Score:2)
The upper house is dominated by the Liberals, but they don't have a majority; the balance of power is held by the fashionably left-leaning Democrats, who would probably oppose a Bermanesque law here. Though if the Labor opposition (think like Tony Blair's mob in the UK) is persuaded to get behind it, the Democrats are irrelevant.
Re:Australia's PM == Bush's poodle (Score:3, Informative)
I have doubts about that. The Dems supported the Copyright Act Amendments (Digital Agenda) Act 2000 (i.e. the Australian DMCA) and, like the Labor Party, tend to support the entertainment industry. Given their courting of the corporate dollar before last year's election (publicity of which they tried to avoid by holding fundraiser events at undisclosed locations), they're just a little too close to the vested interests in this issue for my tastes.
It's entirely possible that any sort of Bermanesque bill will pass without any significant opposition, which, given that the media tends to only report issues about which there is political conflict, means that there would probably not be much coverage at all.
Re:Hang on a minute! (Score:2)
Does this mean that movie executives will not be able to travel outside of the US at all?! Cool!
Didn't Disney executives have an US aircraft carrier sent to Pearl Harbour just before the opening of the film ??
Noam Chomsky -- Necessary Illusions (c) 1989
‘The Computer Misuse Act 1990’ Section 1; (Score:5, Insightful)
(1) A person is guilty of an offence if--
(a) he causes a computer to perform any function with intent to secure access to any program or data held in any computer;
(b) the access he intends to secure is unauthorised; and
(c) he knows at the time when he causes the computer to perform the function that that is the case.
(2) The intent a person has to have to commit an offence under this section need not be directed at--
(a) any particular program or data;
(b) a program or data of any particular kind; or
(c) a program or data held in any particular computer.
(3) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
http://www.hmso.gov.uk/acts/acts1990/Ukpga_1990
As for the possibility of Tony Blair (UK Prime-Minister), some how excusing this, that is not likely. There is plenty of separation between the UK Judiciary and Politicians. UK Judges are not elected but appointed and once appointed are nearly impossible to remove. UK Judges also seem to regularly take delight in giving politicians the finger, when the latter attempt to step on their toes. i.e. http://news.bbc.co.uk/1/hi/uk/2162940.stm
Re:‘The Computer Misuse Act 1990’ Section 1; (Score:2, Interesting)
Re:Hang on a minute! (Ask the European guy) (Score:2)
If you don't have proof, you're not likely to get anything out of a judge except an invoice. I would hope that even under that silly US law, the record company would need to have proof before hacking into someone's computer.
Re:Hang on a minute! (Ask the European guy) (Score:2)
Motive (Score:2)
Having a good 'motivation' is no defence against breaking the law, indeed it would make the prosecution easier because one of the three pillars (means, motive & oppportunity) of a successful prosecution is handed over on a plate.
Re:Hang on a minute! (Score:2)
That reminds me of one of the funniest jokes I've heard in ages. The TV series "Armstrong and Miller" featured a parody of detective drama series on TV, and featured a cranky police detective who was essentially insane - he talked to his invisible friend, "Chuffy" who was a man dressed as an old-fashioned train driver.
Anyway, after being thrown off the force, while drinking in the pub and building one of his drink-fuelled paranoia stories, he decided that someone in the pub was "The Murderer!", and smashed a glass and attacked him.
Cut to him being led away by uniformed police, and protesting, "It's alright Officer - it was a Citizen's Glassing!"
I laughed for a long time.
Tim
Not just aussies people!!! (Score:3)
Same laws that prohibit entering and breaking in computer systems are in effect all around europe, and personally, I as a dutch person would love to see someone from the RIAA or MPAA hang in front of the new ICC in The Hague (That would be a laugh!)
DoS my gnut and come over if you dare!!!
Black/While/Grey (Score:5, Insightful)
If something is wrong don't do it. Take cracking or DoS attacks. Totally wrong. Lock them up and throw away the key.
But you start to legislate that it's okay for some users (I don't care how much money Hollywood has, they are still users just like you and me) to crack and DoS others then you make it grey. So the next time you catch a cracker you've got a much harder job dealing with him. And the next time it's harder still. And fairly soon cracking just becomes one of those things you live with.
At least the Aussies are doing their hardest to keep it black and white.
But I don't think it makes much differance. The US Government doesn't seem to give a toss about what the rest of the world thinks. As long as those campaign contributions keep pouring in nothing else matters. (Don't you just love democracy.)
Not extradition (Score:5, Insightful)
No way Australia would be able to extradite anyone from the US for doing this. Generally, extradition treaties only come into effect when a crime is recognised as such by both countries. So Germany can extradite someone from the US for murdering a German national, but they can't extradite someone from the US for claiming that the holocaust never happened. (A serious offense in Germany).
This can even extend to whether the country holding a person believes the penalties they face will be fair and reasonable. My understanding is that countries such as the UK have refused to hand over criminals because they may face the death penalty in the country requesting extradition.
Incidentally, other state and federal laws present greater penalties than 6 months (as apparantly the Victorian laws do). Where I am (Western Australia), it's up to 2 years jail for simply breaching security and having a look. Up to 10 years if I actually cause damage.
Re:Not extradition (Score:2, Informative)
Now, if Valenti is responsible for hacking a computer in China which is punished with 30 years in the slam^H^H^H^H re-education institution and Valenti visits Liechtenstein and Liechtenstein has an extradition treatie with China, then Valenti is up for some extended re-education.
But the US would never have hime extradicted.
You're quite right that no (EU-)European country extradites anybody, who potentially faces the death penalty.
Just label computer crimes as terrorism (Score:4, Insightful)
Re:Just label computer crimes as terrorism (Score:3, Insightful)
Or when, say, our own government does it...
Re:Not extradition (Score:2, Insightful)
This bill will also sour the relationship between Europe and USA A LOT if the media-companies start cracking into European sites, protected by the american government.
Frankly, doing this could be considered an act of war, so I seriously doubt the US-government is going to allow US-media companies to use this bill outside of US-jurisdiction.
I wonder.. what is to stop the media companies from DOSing legitimate businesses and organizations stating that they did suspect music/movie piracy.
This is the job of the police (and the courts for giving out warrants).
Re:Not extradition (Score:3, Insightful)
In this new global age, it dosnt matter if the crime you are 'extradited' is not illegal in the country you come from.
Re:Not extradition (Score:4, Insightful)
Like when Carter sent the Delta Force to get the US Hostages from Iran? Sure, the mission screwed up and had to be aborted (like most of the Carter presidency, actually), but that's the most similar case. No Congressional approval was requested ahead of time.
I bet it hurts your brain to think that Carter, a good Liberal who oversees foreign elections and builds houses for poor people, sent US troops to a foreign (Muslim, even) nation without the permission of Congress or a declaration of war. He's also one of those evil born-again Christians, in case you're interested.
The only sensible way for the rest of the world to react to this kind of nonsense is to isolatie the US from the rest of the world. No more trade. Maybe if its export markets plummets to rock bottom, the US will realise they've done something wrong.
You know nothing about economics. Cutting trade hurts in both directions. It would be an economic disaster for the rest of the planet if the US economy was removed from the system.
And US grain exports feed a good chunk of the world. Raise your hands if you want to starve people in the Third World because you are mad about DVD encryption.
America haters need to get their priorities straight. Or just admit that they are raving loonies who don't care about anything as long as America is reduced to smoking ashes.
-jon
How much does it cost? (Score:3, Funny)
the joys of global law. (Score:2, Interesting)
Re:the joys of global law. (Score:2)
Re:the joys of global law. (Score:2, Insightful)
However at the same time if the company you worked for had a drug policy that restricted drug use and you tested has having used drugs, just thoses during the time you where in the netherlands, you would probably not have a defense saying You only used them in the Neterlands where it is legal.
Cracking computers == breaking and entry... (Score:2)
I don't think even our politicians in the UK are quite corrupt enough to consider passing a law to allow this kind of behaviour from corporates with big pockets. Hopefully it really is the sort of thing we'll only see going on in the US...
Wrong dept., timmy (Score:3, Funny)
I expect that bad things happen in Aussie jails...
"G'day, mate! Wouldya like jelly or syrup?"
(((shudder)))
Talisman
Re:Wrong dept., timmy (Score:2)
He's referring to certain nasty practices in jails that execs usually don't experience in the U.S. because they go to country-club prisons.
Um, look again folks, this is a strange one... (Score:2, Interesting)
"Under section 9a of the Victorian Summary Offences Act (1966), 'a person must not gain access to, or enter, a computer system or part of a computer system without lawful authority to do so'. The penalty if convicted is up to six months' jail."
and"...if Californian Democrat congressman Howard Berman's copyright protection bill, which allows cracking of computers, passes into law."
Well, it seems to me that if the American bill does become a law then it will not be a long journey to find sympathy among the Australian government. Keep in mind that Australia and the US have good relations, particularly when it comes to law enforcement. The pasing of this law by the American Government may be all the "lawful authority" that the Australians require. The important thing is to write your congressman and senators, to anyone you can. Point out that this law would be like allowing business owners to booby-trap their places of business. It would also open a loophole by which ANY vicious hacker would gain the "right" to viciously hack, simply by releasing an album on his own label and then "finding" mp3's being shared on peer-to-peer.
Re:Um, look again folks, this is a strange one... (Score:4, Insightful)
The break-in would be occurring in Australia, not the U.S. If such international authority of U.S. law existed, there would be no law besides U.S. law. Remember the Helms anti-Cuba act, which let the U.S. sanction any foreign business doing business with Cuba? That didn't go far because the EU (which does lots of business with Cuba) didn't like the U.S. trying to extend our laws onto their turf.
Claiming immunity under the Campaign Contributor Hacking Permission Act might have just the same effect.
Contrary to calling congressmen to stop this thing, I'm thinking of calling them to keep it going. It's a gamble, but this law is sooo bad on both sensible and constitutional grounds (14th Amendment) that maybe it'll be the one to finally raise public awareness as to what's going on.
Aussies, time to amend your act to say that if someone performs hacking as a company employee, all officers in that chain of command are liable for jail terms up to the level the general action was even informally approved. We know Rosen loves the idea, so bye-bye.
Interestingly enough, Valenti is backing off because he realizes the bill allows any copyright holder to hack, not just the big guys.
Try again (Score:2)
Lawful authority means lawful in terms of jurisdiction. USA != Australia, therefore if the law doesn't overlap (as it doesn't in this case), it's not lawful. No-one will read this post unfortunately, but the courts here in Oz do not always follow governmental preference. Witness Mabo for an example. If they don't like the law, think it's unjust, or think it's encroaching on their territory, they get pretty pissed.
Steve the Crocodile Hunter (Score:5, Funny)
Re:Steve the Crocodile Hunter (Score:4, Funny)
Down under and copyright vs consumer rights (Score:2, Insightful)
1) Jukebox CD burner machines are legal
2) A small video chain wins case with respect to rental vs retail DVD prices
3) Use of Mod chips in Playstations ruled to be legal
4) DVD zoning currently under investigation by the local consumer protection watch dog
5) Watch this space.... (probably a few more)
Is there something culturally different between the two continents?
Or is it that some people in Australia believe that all this extra copy protection (real and legal) does nothing for the problem and harms the legitimate users?
[Coward hiding under his rock]
whats the big deal! (Score:2)
Could be, but won't be. (Score:2)
But, they won't be.
So do most states . . .. (Score:4, Informative)
Absent an express preemption clause, the bill would not have the desired effect for its authors -- and if they added an express preemption clause, the bill might become defective as unconstitutional under a host of theories.
Re:So do most states . . .. (Score:2, Informative)
Pre-empting state law is part of what Berman-Coble intends. They'll claim their authority comes from commerce clause and copyright clause powers.
From the U.S. Constitution: Art. I Sec. 8: The Congress shall have power . . . To regulate commerce with foreign nations, and among the several states . . . ; To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries; . .
Similar legislation in the UK (Score:2)
So, on with the madness.
Send Rosen one way trip to Aussie Jail (Score:2, Funny)
I got $5 is anyone else in?
That would mostly deserved... (Score:2)
Anyway, this is great if it means that they can not leave the US for fear of being prosecuted!
P2P is the greatest thing that came out of the net these last years, those guys should be shot just for trying to stop it.
Anyway, whatever they try will just makes the movement stronger, and in a few years, we will be able to download any film or music from the net. Everybody will have 500Gb disks shared with broadband...
I Guess (Score:2)
Berman is a pure idiot.... (Score:2)
EULA (Score:4, Interesting)
Re:EULA (Score:3, Interesting)
Perhaps some kind of public corporation could be formed, with membership limited to, say, humans who could be identified with a physical body. And stock could be purchased by submitting a work of GPL software for ownership by the corporation (so that there would be a large number of pieces of copyright stuff to check for). (I didn't say it had to be good software. Perhaps a variation of "Hello, World." would suffice.) Then all owners of the corporation would be entitled to check for the presence of copyrighted works on suspect computers. (Bet'cha they've got something substantially similar of one of the thousands of variations of "Hello, World." that would be owned by the corporation.)
Claim your prize! (Score:4, Funny)
You have been selected as the winner of this month's fabulous appliance giveaway! You may claim your free Koala-brand washer/dryer set, Antarctic Refrigerator or Shrimp-On-The-Barbie barbecue set! Your plane ticket for coming to claim this prize is included in this envelope. Simply fly to Australia round-trip on us, and be available for us to capture on film as we photograph the winners*.
Don't delay - act now to claim your prize.
Sincerely,
Australian Bureau of Law Enforcement and Consumer Marketing
*In front and side shots
Re:Maybe I need to RTFA (Score:2)
in other words. a movie exec can, by us law, enter a computer to delete their own property. if that computer happens to be in aussie, then that movie exec is breaking the aussie law.
Re:Maybe I need to RTFA (Score:2)
No need to pass the bill - the law against unlawful computer access is already present in Australia (or Victoria , anyway). If someone can prove that said media execs did indeed get unlawful entry into an Australian computer system, then regardless of whether it is legal in the U.S., they're still breaking Australian law.
Break pretty much *any* sovereign country's law (in their own country) and you can expect to face the consequences if they have an extradition treaty with your country, and they're irritated enough to go through the paperwork.
OT sig of the year (Score:2, Insightful)
** Please restart Windows so changes can take effect.
ROTFLBTCASTC
Re:Maybe I need to RTFA (Score:2)
American movie, recording and software executives could be prohibited from entering Australia or extradited to face criminal charges if a copyright protection bill before the US Congress passes into law.
The difference is that this bill allows the executives to face charges for acts made by anonymous employees at their companies. I really don't see that this has any prior legal precedent in any country and strikes me that it's unlikely to be passed as it would mean that people would be charged for crimes they themselves didn't commit. Ozzie law already allows for the companies themselves to be tried, although as they are US based in this case and you can't actually extradite a company, the law is effectively useless as it stands only allows daughter companies that are based in .au to be tried.
I think.
But whatever, I think charging someone who you know did not personally perform the crime, simply because you don't know who did, is wrong.
Re:Maybe I need to RTFA (Score:2)
Now if the RIAA hack my computer (which is right here in Australia), the crime is taking place in Australia, and thus falls under Australian law's jurisdiction. They have committed a crime within the nation of Australia, and they can be arrested for it.
Re:Maybe I need to RTFA (Score:3, Interesting)
Re:Not Hypocritical (Score:2)
(Trying hard to refrain from invoking Godwin's law here.)
Re:Does Australia have an extradition treaty ? (Score:2)
Think of the reverse - if you live in Australia and hack into the Pentagon, I wouldn't consider yourself too safe from prosecution.
Re:Does Australia have an extradition treaty ? (Score:3, Insightful)
Re:Does Australia have an extradition treaty ? (Score:2, Insightful)
This is the same way that various gambleing site work, the owners all live in places where a gambleing site is legal, but as soon as they would return to the US they would be in trouble.
It could be interesting if the australian law allowed for payment of monies because then I presume you could sue in the australian courts for the money and since most large corporations have an office in australia the could get money from that.
The other thing is now some countries have started to be stupid and pass law that say that will arrest people who have commited crimes anywhere in the world. Now if they ever actually do that could cause alot of problems.
Re:Does Australia have an extradition treaty ? (Score:2)
If you want a secure data haven, build it underground. Deep underground, out of reach of bunker-busting nukes. Or distribute it in orbit, as a network of millions of tiny, highly redundant satellites, so that killing them all without damaging "legitimate" satellites would be next to impossible. Or a global mesh network of nanobots, running a FreeNet-style protocol of some sort.
Re:Does Australia have an extradition treaty ? (Score:2)
Does the get out clause for RIAA/MPAA apply? If the laws are now not reciprical, does this mean that the US cannot extradite an Australian for hacking into a computer system in the US?
Another thing I want to ask is if the new US law gives anyone the right to hack&remove material copyrighted by them, or just the MPAA/RIAA? Hasn't there been rumours of MS using portions of GNU software in Windows?
Re:Whoohoo. (Score:2)
Re:Whoohoo. (Score:2)
see, i would imagine them doing so without hesitation. and then when it goes to "trial", the defense (you) would claim your computer was shutdown by means of
sorry dude, i just dont think the guv'ment has the ability to understand really technical concepts. if they could, there would be no DMCA, fFor example.
Re:Whoohoo. (Score:2)
An Australian ISP suffers an attack originating from Sony Entertainment in the US. A Sony spokesman claims the attack was a legal application of the Berman Law*, directed at a "pirate" on a peer-to-peer network. The ISP files suit, as its legitimate customers suffered from the bandwidth-flooding as well as the accused "pirate".
As for getting the executives, if they try to hide their attacks behind the Berman Law, then they are assuming responsibility for their company's actions, and thus culpable. It could also well be that one of the programmers hred to carry out the attack could blow the whistle.
*Yes, I know that Berman's bill isn't a law, but it's a mental exercise. And of course IANAL, but you knew that already.
Re: (Score:2)
Re:Whoohoo. (Score:2)
keep challanging the Jury untill you get 12 geeks
Re:wow (Score:2)
Re:But they WILL have lawful authority! (Score:2)
By your logic, some country could make it legal to kill americans. Then a citizen of that country comes to USA and kills dozens of people. As the cops try to arrest him, he'll just show them the law-books from his country and say "see, according to our laws, it's legal to kill americans. Therefore I haven't broken any laws. As I haven't broken any laws, I'll be going now. Ta-ta!"
What's that? It doesn't quite work like that? That guy has to obey US laws when he's in USA? So... Wouldn't that mean that the movie studio fat-cats must obey Australian laws if they operate in Australia? That's what I thought...
Lawful authority, but only in the US (Score:4, Interesting)
The way I see it, the Australians are calling the game right. What the law is essentialy allowing is vigilante vandalism within the US. It's the same as if the MPAA/RIAA sent goons over to whack your home entertainment system with baseball bats.
Now even if this were allowed in the USA, it ain't allowed in Australia*. Even if the target is an American, as soon as the goons start vandalising Australian property, they're subject to Australian jurisdiction. Their corporate masters could aso be charged for giving the orders ("taking out a contract").
Re:The summary is misleading... (Score:2)
Surely whats sauce for the goose is sauce for the gander.
Re: (Score:2)