Michigan Super DMCA

[Richard Rager <kb8rln () penguinmaster com>]

Disclaimer: I am not a layer and I do not play one on TV.
I have analyzed the new Michigan legislation and have some comments.

I believe the laws we already have are good enough.

You can find the whole law at 
http://www.michiganlegislature.org

Here are some Quotes from it:

750.219a.amended Obtaining telecommunications services with intent to 
avoid charge; violation; separate incidents pursuant to scheme or course 
of conduct; enhanced sentence based on prior convictions; definitions. 

--- The cable companies  want to get you really bad if you steal cable, 
--- phone, or internet service. 

Sec. 219a. 

(1) A person shall not knowingly obtain or attempt to obtain 
telecommunications service with intent to avoid, attempt to avoid, or 
cause another person to avoid or attempt to avoid any lawful charge for 
that telecommunications service by using any of the following: 

(a) A telecommunications access device. 
(b) An unlawful telecommunications access device.

--  Ok I can not buy my own (phone, ...)  again sound like Ma Bell again.
--  If I buy a linksys firewall and bring my laptop home and plug
--  it in does that make me a criminal.

 (c) A fraudulent or deceptive scheme, pretense, method, or conspiracy, or 
any device or other means, including, but not limited to, any of the 
following: 

(i) Using a false, altered, or stolen identification. 

-- Changing my IP address, Multiable ID in chat rooms, 
-- Deleting Cookies could be include with this law.

(ii) The use of a telecommunications access device to violate this section 
by a person other than the subscriber or lawful holder of the 
telecommunications access device under an exchange of anything of value to 
the subscriber or lawful holder to allow that unlawful use of the 
telecommunications access device. 

-- telecommunications access device can be a phone.  So giving my next 
-- door neighbor my corless to use would be a volition


-- Ok the Next part 
750.540c.amended Prohibited conduct with regard to telecommunications 
access device; violation as felony; penalty; amateur radio service; 
forfeiture; order; definitions. 

Sec. 540c. 


(1) A person shall not assemble, develop, manufacture, possess, deliver, 
offer to deliver, or advertise an unlawful telecommunications access 
device or assemble, develop, manufacture, possess, deliver, offer to 
deliver, or advertise a telecommunications device intending to use those 
devices or to allow the devices to be used to do any of the following or 
knowing or having reason to know that the devices are intended to be used 
to do any of the following: 


(a) Obtain or attempt to obtain a telecommunications service with the 
intent to avoid or aid or abet or cause another person to avoid any lawful 
charge for the telecommunications service in violation of section 219a. 

-- I can not record a TV show an leave them borrow it.

(b) Conceal the existence or place of origin or destination of any 
telecommunications service. 

-- Simple ways to break this law.
---- Call blocking of caller ID.  
---- VPN into work and the use the internet.  It look likes I at 
----  work, I am hidding at home.  
---- I ssh to a box on the net and download something
---- A VPN from the bussiness to owners home then too the internet for the 
----  users at the bussiness so he can monitor the computers.  
---- Anomymous remailer or anomymous proxy servers. 
---- IPv6

(c) To receive, disrupt, decrypt, transmit, retransmit, acquire, 
intercept, or facilitate the receipt, disruption, decryption, 
transmission, retransmission, acquisition, or interception of any 
telecommunications service without the express authority or actual consent 
of the telecommunications service provider. 
 
-- There went my firewall, IDS system, NAT, SOCK server, etc...
-- If I get Voice over IP I can not forward my calls.
-- I can not have an answering machine.
-- Michigan need to remove all firewalls, IDS, Routers or break this law. 
-- There when P-To-P file sharing I just download RedHat using that.
 
(2) A person shall not modify, alter, program, or reprogram a 
telecommunications access device for the purposes described in subsection 
(1). 

-- There are some really good reason to do this.  
-- Bios or security updates because a problem been found.
-- outdate features fixes.

(3) A person shall not deliver, offer to deliver, or advertise plans, 
written instructions, or materials for the manufacture, assembly, or 
development of an unlawful telecommunications access device or for the 
manufacture, assembly, or development of a telecommunications access 
device that the person intends to be used or knows or has reason to know 
will be used or is likely to be used to violate subsection (1). As used in 
this subsection, "materials" includes any hardware, cables, tools, data, 
computer software, or other information or equipment used or intended for 
use in the manufacture, assembly, or development of an unlawful 
telecommunications access device or a telecommunications access device. 

-- Ok not more sound card can be sole, I can decode pagers messages with 
-- them.
-- No Data: Is that not free speech?  
-- cables - Most Cable modem need at CAT 5 cable or USB cable are now 
-- outlawed.
-- Information need to be free good or bad.  Learning how something work
-- is good so imporvement can be made.  Any information can be used
-- for used for good or bad.

-- Just because I know how to make a bomb does not means I am going to 
-- make one.  But know something about explosive can save a life also.
-- I found some very old gun powder, very unstable, adding kerosene
-- allow me to remove it safely.  This widow do not have a clue what 
-- it was.  I did not call the bomb squid because I did not want the 
-- city to pay out about 10k to fix this little problem.

(5) This section does not prohibit or restrict the possession of radio 
receivers or transceivers by licensees of the federal communications 
commission in the amateur radio service that are intended primarily or 
exclusively for use in the amateur radio service. 

-- By the way in amateur radio we modify satellites recievers 
-- to communicate with.  I have modify cable modem to transmite
-- up into the 21 Ghz range for communications.
-- I also modify a Cell phones and cordless phones.
-- I need detail data of these types of equiment to make 
-- some amateur radio work well.
-- Amateur Radio Extra Class Licence - KB8RLN


-- Knowledge make us free, fear of knowledge is a dictatorship.

-- The law is just to open.  I want to be law abiding, I know my local 
-- computer crime law inforcement: FBI, Police, DOD, AG.  Even they said 
-- it going to far.  I do not want that law pass here.  I would also 
-- like the DMCA to be revoke.  


Enjoy,

Richard Rager 
(KB8RLN)