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Re: ridiculous misreadings of laws

  • From: Dean Anderson
  • Date: Thu Jan 22 19:13:40 1998

>> If you're not a provider of wire communication services according to
>> the definitions, they don't apply.
>
>If anyone still cares, 18 USC 2510 defines the term, and it means a
>phone company, not an ISP.  Enough already.

Well, like I said, if it doesn't apply to you, don't worry.  I didn't make
the laws, and I am not a prosecutor.  You have to make your own decisions
after reading the material.

But if you *actually* read the definitions in 2510, you will see it defines
the term "electronic communications" to mean:

(12) "electronic communication" means any transfer of signs, signals,
writing, images, sounds, data, or intelligence of any nature
       transmitted in whole or in part by a wire, radio, electromagnetic,
photoelectronic or photooptical system that affects interstate or foreign
       commerce, but does not include -
              (A) any wire or oral communication;
              (B) any communication made through a tone-only paging device; or
              (C) any communication from a tracking device (as defined in
section 3117 of this title);

Then it says what an electronic communications system is:

(14) "electronic communications system" means any wire, radio,
electromagnetic, photooptical or photoelectronic facilities for the
       transmission of electronic communications, and any computer
facilities or related electronic equipment for the electronic storage of
such
       communications;

Then 2511 says:

(1) Except as otherwise specifically provided in this chapter any person who -
              (a) intentionally intercepts, endeavors to intercept, or
procures any other person to intercept or endeavor to intercept, any wire,
oral,
              or electronic communication;


Then from Websters Dictionary, "intercept" means:

>Intercept \In`ter*cept"\, v. t. [imp. & p. p. Intercepted; p. pr. & vb. n.
>Intercepting.]
>[L. interceptus, p. p. of intercipere to intercept; inter between +
>capere to take, seize: cf. F. intercepter. See Capable.] 1. To take or
>seize by
>the way, or before arrival at the destined place; to cause to stop on the
>passage; as, to intercept a letter; a telegram will intercept him at Paris.
>God will shortly intercept your breath. --Joye. 2. To obstruct or
>interrupt the
>progress of; to stop; to hinder or oppose; as, to intercept the current of
>a river.
>Who intercepts me in my expedition? --Shak. We must meet first, and
>intercept his
>course. --Dryden. 3. To interrupt communication with, or progress toward;
>to cut
>off, as the destination; to blockade. While storms vindictive intercept
>the shore. >--Pope.

Seems like "blocking IP packets" is "interception"

And what part of "signals, writing, images, sounds, data, or intelligence
of any nature" excludes IP packets? (the intelligence part of course ;-)

It would seem that if ones job is to transport packets from peers which
they have peering agreements with, and they don't do it for a political
reason, this would apply.  Doesn't seem like it only applies to telephone
companies.  But hey, I could be wrong, and some people seem to be very
unsettled by this discussion, so perhaps we should drop it.  It's way off
my original point about smurfing and spam and the FBI's apparent lack of
interest in pursuing DoS cases.

But my point about the anti-spammer crowd has certainly been made more
eloquently by actions than words could ever describe.

		--Dean


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           Plain Aviation, Inc                  dean@av8.com
           LAN/WAN/UNIX/NT/TCPIP          http://www.av8.com
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