RE: Michigan Super DMCA

["Davis, Kyle" <kydavis () ufl edu>]

RE: Comments..  IANAL.. still aspiring to be :>

Your comments are within the >>><<<'s.  My comments are in between..


> > >
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.
<<<

Not only do they want to get you really bad if you steal cable, but if you
do not PAY because of discrepancies (wrong charges on your bill, etc) these
are also covered..


> > >
(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.
<<<

I disagree with your view (just slightly), due to the wording here.. you are
only in violation of this section if you have or cause "intent to avoid
[and/or] attempt to avoid any lawful charge for any telecommunications
access device."  What this really means is that IF, and ONLY IF the service
provider dictates that there is a "lawful charge" for a telecommunications
access device ("TAD") you are in violation if you purchase your own phone.
1) If they ever did something like this, you could take them to court and
argue this particular point against the 'Ma Bell' ruling and you would most
likely win, and 2) most service providers don't abuse this and almost always
give you an option to use your own device (albeit in the process, they
usually make it much harder for interoperability in which they charge money
for technicians to "fix" the problem.. that's another story entirely,
though).

> > >
(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.
<<<

I do not believe deleting cookies is considered "false, altered, or stolen
identification."  Forms of spoofing, are definitely covered though.

> > >
(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
<<<

The key words here are, "under an exchange of anything of value ... to allow
that unlawful use of the telecommunications access device".  If your
neighbor used your cordless phone in an unlawful use, yes, this would be
covered here.


> > >
(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.
<<<

You are correct-- this is a very devious rule, because the wording here is
just plain awful.  I will refer you to section 219a which this refers to,
and quote it here:

" "Telecommunications" and "telecommunications service" mean any service
lawfully provided for a charge or compensation to facilitate the
origination, transmission, retransmission, emission, or reception of signs,
data, images, signals, writings, sounds, or other intelligence or
equivalence of intelligence of any nature over any telecommunications system
by any method, including, but not limited to, electronic, electromagnetic,
magnetic, optical, photo-optical, digital, or analog technologies."

This is very, very scary.  Essentially this means that any conceivable form
of communication transmitted between you and ANYONE ELSE that you have
obtained or attempted to obtain from the service provider is covered under
this provision.  This could be interpreted as broad as any information you
obtained (perhaps a webpage on the internet, which you accessed through
their service) and given/shown/publish/etc to anyone else, could be deemed
jurisdiction if they are not "lawfully charged for the telecommunications
service" as well.


> > >
(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
<<<

If this particular issue goes to the courts, it will be a battle of how
technical the judge(s) will be able to go.  Technically, something like
sshing to a box on the net and downloading something is *not* breaking this
law, because in the header information, source and destination fields are
present, thus not concealing.  HOWEVER, if the judges can't comprehend this
lower level, and only see the higher level, "encryption" or obfuscation of
this context could be covered under this.
Caller ID, however, is an interesting point.  I believe that if this ever
went to courts, it would be interpreted as, "if the origin or destination is
concealed FROM THE SERVICE PROVIDER."
<<<

> > >
(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.
<<<

You are correct in assuming that to do any of the above mentioned things,
the express consent of the service provider is required.  This is just
awful, and probably the worst, THE WORST part of the entire law.  I have no
clue how this would hold up in courts...  big brother is watching you..


> > >
(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.
<<<

This is only if you are doing something unlawful, I believe.  As long as you
lawfully own the TAD, you are in the clear.  This is mainly to make it a
no-no for all those people flashing satellite/cable stuff..


> > >
(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.
<<<

I despise the statement, "or is likely to be used to" which is used here.
Sole discretion awarded to the service provider here.  I also question the
last part of this subsection, " or development of an unlawful 
telecommunications access device or a telecommunications access device,"
which seems to me to first say, "this only applies to unlawful
telecommunication access devices.. but wait.. we also mean
telecommunications access devices in general"  which is just plain silly.
There is no way this would fly in court if it was a lawful TAD.


**************

Just my .02 cents,


k.


-----Original Message-----
From: Richard Rager [mailto:kb8rln () penguinmaster com] 
Sent: Sunday, April 13, 2003 1:54 AM
To: honeypots () securityfocus com
Subject: Michigan Super DMCA

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)