Update on Tennessee Super DMCA

CollinWinter writes "Though decisions on SB-213 and HB-457 have been delayed, both bills are still alive and kicking. The House version, HB-457, will next appear before the House Judiciary Committee on Wednesday, 30 April, at 8:30am in room 16 of Legislative Plaza. SB-213 goes before the Senate Judiciary Committee on Tuesday, 6 May, at 3:30pm in room 12. More information about the opposition to these bills can be found at http://www.tndigitalfreedom.org."

All current-carrying metals now illegal

[mary_will_grow]

"possess...*[more usage verbs]*... any unlawful communication device: ... to recieve...*[more signal-recieving/transmitting verbs]*...any communication service without the express consent [blah blah blah]

So who determines if something is MADE to recieve such and such a service. This is all so ridiculous. Are you proud to live in the united states of corporate america?

FYI

[dogbowl]

For anyone interested, theres a public forum about this at
Here [tonyc.com]

and FP??

let's hope...

[y0bhgu0d]

let's hope that the people old enough to vote in TN can actually make a difference here... a couple hundred people showed up to stop an income tax (god forbid we lower regressive taxes...), so maybe this has a chance of being stopped? i know i'm just being optimistic, but i can't help but think.... lol

all computers now illegal, summary of laws

[wadiwood]

How I hate legal jargon and pdf files

So I guess HB0457 Part 2B makes it illegal to own a computer is capable of running NATD and the rest of it seems to make owning or building a computer illegal.

*SB0213 by *Person, Curtis . (HB0457 by *Briley.)

Telecommunications - Increases penalties for existing offenses and creates new offenses relative to theft of electronic communications devices and data. - Amends TCA Title 39, Chapter 14, Part 1.

Defines theft offences as any conduct involved in theft of telecommunication services or data, including the making, distributing or use of devices,plans or materials for the unauthorised interception or disruption of media, and the fraudulent use of telephone or credit card numbers to avoid payment of tolls. Violations involving 5 or more devices constitutes a class D, less than 5 class E felony other violations class B...

HB0457
00210530
-1-
(a) It is an offense for any person knowingly to:

(1) Possess, use, make, develop, assemble, sell, distribute, lease,
license, transfer, import into this state or offer, promote or advertise any unlawful
communication device:

(A) For the unauthorized acquisition or theft of any communication
service or to receive, intercept, disrupt, transmit, re-transmit, decrypt,
acquire or facilitate the receipt, interception, disruption, transmission, retransmission,
decryption or acquisition of any communication service
without the express consent or express authorization of the
communication service provider; or

- 2 - 00210530
(B) 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.

(2) Modify, alter, program or reprogram a communication device
designed or adapted, or which is used, for the purposes prohibited in subsections
(a)(1)(A) and (B) above;

(3) Possess, use, manufacture, assemble, develop, distribute, import into
this state, license, transfer, sell, lease or offer, promote or advertise for sale, use,
lease or distribution any unlawful access device;

(4) Possess, use, distribute, sell, give, transfer or offer, promote or
advertise for sale, use or distribution any:

(A) Plans or instructions for making or assembling any unlawful
communication or access device under circumstances evincing an intent
to use or employ the unlawful communication or 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 plans or instructions are intended to be used for
making or assembling the unlawful communication or access device for a
purpose prohibited by this section; or

(B) 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,
development or assembly of an unlawful communication or access device
for a purpose prohibited by this section;

(5) Publish plans or instructions for making, assembling or using any
unlawful communication or access device with the intent of promoting the
- 3 - 00210530
making, assembling or using of an unlawful communication or access device for
a purpose prohibited by this section;

(6) Publish the number or code of an existing, cancelled, revoked or
nonexistent telephone number, credit number or other credit device, or method of
numbering or coding which is employed in the issuance of telephone numbers,
credit numbers or other credit devices with knowledge or reason to believe that it
may be used to avoid the payment of any lawful telephone or telegraph toll
charge under circumstances evincing an intent to have the telephone number,
credit number, credit device or method of numbering or coding so used; o

in english

[zogger]

in english (probably wrong here and there, just giving it a shot, any real lawyers please chime in) it says-although primarily directed at stuff like spammed headers in email and cracking and distributing cc numbers,and phone phreaking, etc-it says you can't obfuscate your machines IP number. No firewall. You can't decrypt any packets. You can't use encryption. You can't tunnel or ssh. You can't mod your computer without permission, nor your radio, television, satellite receiver, etc. You can't offer a web

Re:in english

[hotair]

I wish I had some moderator points to give you. Ignoring the sarcasm, anatomical references, etc., your suggestion looks more powerful than any I've seen to date.

It seems to me that there are two sides to this:

• IT Admins have a lot to lose here and should speak up. They are informed, at risk and may be able to get corp. backing.
• If the govt ignores the "legitimate" uses that this law technically outlaws, there should be a pretty meaningful "selective prosecution" issue.

So if the law passes how do we g

ya, I guess..

[zogger]

...I guess sometimes I use too much slang when I write. I'll blame it on a very remote blood relationship with samuel clemens... If I was writing this to present to some committee it would be different, obviously. heh. anyway.....

It's not only IT guys who have a lot to lose, it's the actual companies they work for. And it's not only IT guys and their companies, it's EVERYONE who has a lot to lose with all these new so called "laws" being passed. It's just gross. These laws in particular are re building per

You are getting sleepy

[deadfishhotmail.com]

It's ok, just ignore all this nonsense, it will all be over soon. Just listen to my words. It's ok, just ignore all this nonsense, it will all be over soon - There's nothing to worry about. Nobody is going to hurt you, it's ok, just ignore all this nonsense, it will all be over soon.

And drink this magical kool-aid

No wonder we have the DMCA

[Confessed Geek]

This article gets like 10 replys and the friggin Terminator Trailer gets hundreds. Here is a notice about how we could ACTUALLY MAKE A DIFFERENCE rather than just whine about these things and it goes ignored.

For the love of Mike how deep do we have our heads in the sand?

Re:No wonder we have the DMCA

[jkosturko]

To my own discredit, I confess that I did nothing more than read about the problems in other states. Now that this has come home to roost, I am giving every spare moment to the fight.
My goal is that once we have won(sensible legislation, not just defeating a single bill), TN can serve as a model, and assist other states in their upcoming fight.
I beseech you, do not wait for this to rear up in your state. Act now. I waited, and only discovered this two months after the bill was introduced.

Why bother making it tougher?

[teamhasnoi]

I'm thinking that most Tenneseeans couldn't reverse engineer the plastic snap on their hats, much less hack a DVD player.

"Cleedus, dis 'ere boy 'ere on SassDot says we caint hack us no DVD player!!"

"We'n sho 'im a ding 'er do 'bout hackin'. Pa! Get yer ax, an' duh TV-taper -- we's gonna hack us a TVD taper!"

Re:Why bother making it tougher?

[jkosturko]

We might surprise you. Dis here "Cleedus" done been to college. :)

General worriedness

[BrianRaker]

As a former Tennesseean, and as I still have family and friends back there, I am worried about the current track on SB-213 and HB-457.
Thank you Kosturko-san and Mr. Kozicki, for your quick repsonse and putting together a central information point on the bills.
I'm worried though, as a Ham radio operator, that if I decide to move back to Tennessee, or even decide to travel thru Tennessee, if I overhear a transmission, or am even in posession of my gear, could the state confiscate my equipment and charge me un