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 From : Svyatoslav Abramenkov                2:464/8088.100 22 Apr 2003  10:53:39
 To : All
 Subject : Illegal to use a router?
 -------------------------------------------------------------------------------- 
 
 * Forwarded by Svyatoslav Abramenkov (2:464/8088.100)
 * Area : LINUX
 * From : Roy J Tellason, 1:270/615 (18 Apr 03  12:06:18)
 * To   : Paul Rogers
 * Subj : Illegal to use a router?
 =============================================================================
 Paul Rogers wrote in a message to All:
 
  PR> Damn, it went out in the trash this morning so I can't quote, but I
  PR> saw an article in the trade press that eight states are considering
  PR> passing a law that makes it illegal to use a communications device
  PR> that hides the source of a communication.  Sounds like a
  PR> router/firewall qualifies! 
 
 It's worse than that.  Extracted from Risks Digest 22.66:
 
 Date: Fri, 28 Mar 2003 15:36:25 -0500
 From: Monty Solomon <monty@roscom.com>
 Subject: Use a Firewall, Go to Jail
 
 http://www.freedom-to-tinker.com/archives/000336.html
 
 March 26, 2003
 Ed Felten, Use a Firewall, Go to Jail
 
 The states of Massachusetts and Texas are preparing to consider bills that
 apparently are intended to extend the national Digital Millennium Copyright
 Act. (TX bill; MA bill) The bills are obviously related to each other somehow,
 since they are textually similar.
 
 Here is one example of the far-reaching harmful effects of these bills. Both
 bills would flatly ban the possession, sale, or use of technologies that
 "conceal from a communication service provider ...  the existence or place of
 origin or destination of any communication".  Your ISP is a communication
 service provider, so anything that concealed the origin or destination of any
 communication from your ISP would be illegal -- with no exceptions.
 
 If you send or receive your e-mail via an encrypted connection, you're in
 violation, because the "To" and "From" lines of the e-mails are concealed from
 your ISP by encryption. (The encryption conceals the destinations of outgoing
 messages, and the sources of incoming messages.)
 
 Worse yet, Network Address Translation (NAT), a technology widely used for
 enterprise security, operates by translating the "from" and "to" fields of
 Internet packets, thereby concealing the source or destination of each packet,
 and hence violating these bills. Most security "firewalls" use NAT, so if you
 use a firewall, you're in violation.
 
 If you have a home DSL router, or if you use the "Internet Connection Sharing"
 feature of your favorite operating system product, you're in violation because
 these connection sharing technologies use NAT. Most operating system products
 (including every version of Windows introduced in the last five years, and
 virtually all versions of Linux) would also apparently be banned, because they
 support connection sharing via NAT.
 
 And this is just one example of the problems with these bills. Yikes.
 
 UPDATE (6:35 PM): It's worse than I thought. Similar bills are on the table in
 South Carolina, Florida, Georgia, Alaska, Tennessee, and Colorado.
 
 UPDATE (March 28, 9:00 AM): Clarified the paragraph above about encrypted
 e-mail, to eliminate an ambiguity.
 
 Posted by Edward W. Felten
 
   [Moderator's note:  This item is NO JOKE, despite the date of this issue.
   Check out the thread that is occurring subsequent to Ed Felten's message:
     http://www.freedom-to-tinker.com/archives/000336.html
   as well as the next two messages in this issue, from Steve Bellovin and
   William Allen Simpson.  PGN]
 
 --
 
 Date: Fri, 28 Mar 2003 19:08:42 -0500
 From: "Steven M. Bellovin" <smb@research.att.com>
 Subject: Re: Use a Firewall, Go to Jail
 
 After reading the full text of the Texas bill
 (http://www.capitol.state.tx.us/data/docmodel/78r/billtext/pdf/HB02121I.PDF),
 I think it may be even worse than Felten portrays it.
 
 First, a number of people have claimed that the bill isn't a problem, since it
 only applies if you intend to harm or defraud an ISP.  I don't think that
 that's the case.
 
 Section 2 of the bill, which does contain the phrase "with the intent to harm
 or defraud a communication service", bars theft of service.  (I'm speaking
 loosely here; read it for yourself.)
 
 Section 4 also contains that phrase; it bars possession of devices for
 defrauding providers.  (The language is very broad, and seems to bar possession
 even a computer or modem if you have evil intent.)
 
 The ban on concealing origin or destination is in Section 6.
 That section does *not* have the "intent to harm" phrase.  Given that the bill
 is amending three consecutive sections of the state penal code (31.12, 31.13,
 and 31.14), and given that the first two sections have that language but the
 third doesn't, it's hard for me to conclude that evil intent is required by the
 proposed statute.
 
 But it's worse than that:  the bill bars concealment of "existence or place of
 origin or destination of any communication" from "any lawful authority".  In
 other words, it would appear to outlaw many forms of cryptography or
 steganography, or anonymous remailers.  (As an aside, I would note that the
 constitutional justification for easy law enforcement access to source and
 destination address information via the pen register statute is flimsy at best
 -- see my analysis at
 http://www.research.att.com/~smb/talks/Wiretaps/index.htm)
 
 Even Web proxy servers and the Ethernet connectivity from many hotels would be
 covered by this bill -- they obscure the origin, too.
 
 What's unclear to me is who is behind this.  Felten implies it's content
 providers trying for a state-level DMCA; I think it's broadband ISPs who are
 afraid of 802.11 hotspots.  In fact, if the "intent to cause harm" phrase were
 added to that section, it would clearly criminalize behavior that some ISPs are
 trying to ban today via their terms of service.
 
 Steve Bellovin, http://www.research.att.com/~smb http://www.wilyhacker.com
 
 --
 
 Date: Sat, 29 Mar 2003 15:53:32 -0500
 From: William Allen Simpson <wsimpson@greendragon.com>
 Subject: State Super-DMCA too true (from NANOG)
 
   [Courtesy of Steve Bellovin.  PGN]
 
 Declan McCullagh sent out an e-mail this morning, referencing his full report
 at:  http://news.com.com/2100-1028-994667.html
 
 I was shocked to see that Michigan has *already* passed such a law! (Also
 Virginia, Delaware, and Illinois.)
 
 I've found the new law(s), and they basically outlaw my living in Michigan
 starting March 31st (this Monday, two days from now):
 
   http://www.michiganlegislature.org/printDocument.asp
     ?objName=mcl-750-219a-amended&version=txt
 
   http://www.michiganlegislature.org/printDocument.asp
     ?objName=mcl-750-540c-amended&version=txt
 
 The Bill analysis basically quotes the MPAA website!
 
 http://michiganlegislature.org/documents/2001-2002/
   billanalysis/house/htm/2001-HLA-6079-b.htm
 
 It outlaws all encryption, and all remailers.
 
 It outlaws connecting any device "without the express authority of the
 telecommunications service provider".  No NATs.  No wireless.
 
 (Some DSL/cable companies try to charge per machine, and record the machine
 address of the devices connected.)
 
 It outlaws configuring your ISDN to be a voice device, and then sending data
 over the device.
 
 (Most folks around here are willing to settle for 56Kbps + 56Kbps -- fixed fee
 -- instead of 64Kbps + 64Kbps -- per minute.)
 
 It outlaws configuring a wire pair purchased as a burglar alarm circuit, and
 then using it as DSL.
 
 It outlaws using Linux/*BSD for reading DVDs and a host of other things.
 
 Also, "reprogramming" a device (and software and computer chips are explicitly
 included) "that is capable of facilitating the interception, transmission,
 retransmission, decryption, acquisition, or reception of any
 telecommunications, transmissions, signals, or services" would seem to prohibit
 mod'ing of M$ Xboxen.
 
 Heck, it is possible to read this Act to prohibit changing your operating
 system from M$ to Linux.
 
 This was passed in a lame duck session (December 11, 2002) as part of a big
 omnibus crime act that covered everything from "adulteration of butter and
 cream", to "trick or acrobatic flying" to "false weights and measures", mostly
 increasing fines and/or jail for existing offenses.  Michigan is a leader in
 overcrowding its prisons.
 
 There was other lame duck legislation passed, before a new Governor took
 office, almost all of it bad for civil liberties!
 
 William Allen Simpson
 
 (End excerpt)
 
 That should give you some info to go on...
 
 -+-
  + Origin: TANSTAAFL BBS 717-838-8539 (1:270/615)
 =============================================================================
 Hello, All!
 --
     Svyatoslav <absolute_sh@mail.ru>
 
 [Registered Linux user #219421]
 --- QDed/Linux
  * Origin: AbSolute Soft&Hard (2:464/8088.100)
 
 

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 Тема:    Автор:    Дата:  
 Illegal to use a router?   Svyatoslav Abramenkov   22 Apr 2003 10:53:39 
 Re: Illegal to use a router?   Dmitry Ivanov   23 Apr 2003 15:34:00 
 Re: Illegal to use a router?   Dmitry Nechaev   23 Apr 2003 09:44:13 
 Illegal to use a router?   Svyatoslav Abramenkov   24 Apr 2003 21:20:25 
 Re: Illegal to use a router?   Michael Shigorin   25 Apr 2003 13:05:45 
 Re: Illegal to use a router?   Dmitry Nechaev   26 Apr 2003 01:36:35 
 Illegal to use a router?   Nikolay Popov   26 Apr 2003 11:02:08 
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