Re: Draft of Rep. Berman's bill authorizes anti-P2P hacking

2002-07-25 Thread Petr Swedock


Marshall Eubanks [EMAIL PROTECTED] writes:

 Thought this would be considered on-topic as guess who would have
 to clean up the resulting messes...

The courts. There is no possible way that this bill (as I
read it) could, in any way, be conceived as even remotely 
constitutional.  This is pure vigilante: the entertainment
thugs aren't the police and don't have the rights or authority
to do anything other than report abuses to the *proper* authorities.

Peace,

Petr




Re: Draft of Rep. Berman's bill authorizes anti-P2P hacking

2002-07-25 Thread Valdis . Kletnieks

On Thu, 25 Jul 2002 10:48:36 EDT, Petr Swedock said:

 The courts. There is no possible way that this bill (as I
 read it) could, in any way, be conceived as even remotely 
 constitutional.  This is pure vigilante: the entertainment

The fact that a law is unconstitutional on the face of it has rarely stopped it
in the past - that's why the courts have the authority to throw out bad laws.
Unfortunately, we better be ready for several years of pain while a test case
makes it way up the judicial pecking order...



msg04030/pgp0.pgp
Description: PGP signature


Re: Draft of Rep. Berman's bill authorizes anti-P2P hacking

2002-07-25 Thread Joseph T. Klein


I would argue that my home computer is the repository of my papers
and effects. No place in the below law does it limit the restriction
to the government only. Indeed any law passed giving sanction to any
party having the right IMHO is in direct violation of both the spiret
and the letter of the Bill of Rights.

Amendment IV

The right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall not be
violated, and no warrants shall issue, but upon probable cause,
supported by oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.

The dogs of stupidy have been unleashed.

--On Wednesday, 24 July 2002 12:40 -0400 Marshall Eubanks [EMAIL PROTECTED] 
wrote:


 Thought this would be considered on-topic as guess who would have
 to clean up the resulting messes...

 Regards
 Marshall Eubanks

--
Joseph T. Klein [EMAIL PROTECTED]

... preserve, protect and defend the constitution ...
 -- Presidential Oath of Office



RE: Draft of Rep. Berman's bill authorizes anti-P2P hacking

2002-07-25 Thread Rowland, Alan D


First I agree that this is BAD on general principle but...

IANAL but IMHO spewing cracked copies of say, Photoshop, or other copyright
violations might be considered probable cause with the specific place/things
being the share program and it's contents.

Sharing the content of your favorite program/CD/DVD with the world has never
met fair use.

I had significant input in my life regarding the difference between can
and may. IMHO significant numbers of net citizens have forgotten that
difference.

Just my 2¢.

Best regards,
_
Alan Rowland


-Original Message-
From: Joseph T. Klein [mailto:[EMAIL PROTECTED]] 
Sent: Thursday, July 25, 2002 12:16 PM
To: Marshall Eubanks; [EMAIL PROTECTED]
Subject: Re: Draft of Rep. Berman's bill authorizes anti-P2P hacking



I would argue that my home computer is the repository of my papers and
effects. No place in the below law does it limit the restriction to the
government only. Indeed any law passed giving sanction to any party having
the right IMHO is in direct violation of both the spiret and the letter of
the Bill of Rights.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated,
and no warrants shall issue, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched, and the
persons or things to be seized.

The dogs of stupidy have been unleashed.

--On Wednesday, 24 July 2002 12:40 -0400 Marshall Eubanks
[EMAIL PROTECTED] wrote:


 Thought this would be considered on-topic as guess who would have to 
 clean up the resulting messes...

 Regards
 Marshall Eubanks

--
Joseph T. Klein [EMAIL PROTECTED]

... preserve, protect and defend the constitution ...
 -- Presidential Oath of Office



RE: Draft of Rep. Berman's bill authorizes anti-P2P hacking

2002-07-25 Thread Rowland, Alan D


I'd get on my cell phone and call the police. That's their job. Of course
there is that little fact of having a legal right to the property in
question in the first place. :)

I fully agree this is Not Good (TM), hence the BAD in my response. Having
said that, satellite providers periodically 'kill' hacked access cards on
equipment in the user's home with no legal ramifications. How would this be
significantly different?  Waiving the fourth amendment flag is just FUD in
this case.

There's more than sufficient current law out there that applies in this
case. The entertainment industry just wants an even easier answer. They're
lazy. What's new?

WorldComm, Adelphia, AOL, (you and me next?), have made this industry and
its practices an easy target. Historically, market segments either clean up
their own act, or government steps in. I believe this business is at that
point now. How we act in the near future will greatly affect the amount of
government involvement we'll see. Arguing in support of haz0r/warez networks
won't help the cause.

To put a different spin on the DCMA/17USC512 takedown letter issue, does
this mean you support opt-out lists for Spam as apposed to opt-in? That's
how the entertainment industry views our current process. There's a lot of
disucssion on this list (actually OT but we see it here anyway) about
identifying questionable E-mail traffic (spam). Is it really that much
harder to identify questionable P2P traffic? Or are we all too busy
listening to our MP3s playlists and watching the latest Starwars rip?

Just my 2¢

Best regards,
_
Alan Rowland


-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] 
Sent: Thursday, July 25, 2002 1:57 PM
To: Rowland, Alan D
Cc: [EMAIL PROTECTED]
Subject: Re: Draft of Rep. Berman's bill authorizes anti-P2P hacking 


On Thu, 25 Jul 2002 13:11:00 PDT, Rowland, Alan D
[EMAIL PROTECTED]  said:

 IANAL but IMHO spewing cracked copies of say, Photoshop, or other 
 copyright violations might be considered probable cause with the 
 specific place/things being the share program and it's contents.

If your house was broken into, and your TV stolen, and you were walking
along and saw it in your neighbor's living room through the window, would
that give you the right to go in and reclaim it?

Would it exempt you from having to pay for a new door to replace the one
that got broken down?

You might want to ask yourself why the now-standard 17USC512 takedown letter
isn't sufficient.

I wonder how many 'Hax0rs-R-Us' record labels are about to incorporate.

Bad JuJu.



RE: Draft of Rep. Berman's bill authorizes anti-P2P hacking

2002-07-25 Thread Randy Bush


 I had significant input in my life regarding the difference between can
 and may. IMHO significant numbers of net citizens have forgotten that
 difference.

therefore all of us need to give up our civil rights?

the terrorists have won.

randy




Re: Draft of Rep. Berman's bill authorizes anti-P2P hacking

2002-07-25 Thread Richard A Steenbergen


On Thu, Jul 25, 2002 at 02:37:15PM -0700, Rowland, Alan  D wrote:
 
 I fully agree this is Not Good (TM), hence the BAD in my response. Having
 said that, satellite providers periodically 'kill' hacked access cards on
 equipment in the user's home with no legal ramifications. How would this be
 significantly different?  Waiving the fourth amendment flag is just FUD in
 this case.

Satellite access cards are technically the property of the individual
companies and are not allowed to be sold, so if they want to send down 
some code which disables your access to their system they are allowed.
Causing damage to someone's receiver on the other hand, would be bad mojo.

However, someone's computer is NOT their property, nothing on it belongs
to them (except maybe the copyrighted material of the clients they
represent :P), not even a service you are getting from them.

I can't imagine they would actually follow through with this though, all
it takes is one incident where they cause financial harm to someone with
an mp3 they misidentify and their highground is gone. Then again, I can't
imagine congress being so massively stupid either, so I suppose anything 
is possible.

-- 
Richard A Steenbergen [EMAIL PROTECTED]   http://www.e-gerbil.net/ras
PGP Key ID: 0x138EA177  (67 29 D7 BC E8 18 3E DA  B2 46 B3 D8 14 36 FE B6)



Re: Draft of Rep. Berman's bill authorizes anti-P2P hacking

2002-07-25 Thread Dan Hollis


On Thu, 25 Jul 2002, Richard A Steenbergen wrote:
 I can't imagine they would actually follow through with this though, all
 it takes is one incident where they cause financial harm to someone with
 an mp3 they misidentify and their highground is gone. Then again, I can't
 imagine congress being so massively stupid either, so I suppose anything 
 is possible.

One scenario I can imagine is the MPAA ddos'ing or h4x0ring a university 
hospital network because they found warez on some secretary's desktop PC. 
As a result, some databases get corrupted and patients die. Would this 
bill shield the MPAA from being liable for manslaughter?

-Dan
-- 
[-] Omae no subete no kichi wa ore no mono da. [-]




Draft of Rep. Berman's bill authorizes anti-P2P hacking

2002-07-24 Thread Marshall Eubanks


Thought this would be considered on-topic as guess who would have
to clean up the resulting messes...

Regards
Marshall Eubanks

- Forwarded message from Declan McCullagh [EMAIL PROTECTED] -

From: Declan McCullagh [EMAIL PROTECTED]
Subject: FC: Draft of Rep. Berman's bill authorizes anti-P2P hacking
To: [EMAIL PROTECTED]
Date: Tue, 23 Jul 2002 20:29:35 -0400
X-URL: http://www.mccullagh.org/
X-URL: Politech is at http://www.politechbot.com/



http://news.com.com/2100-1023-945923.html?tag=politech

Could Hollywood hack your PC?
By Declan McCullagh
July 23, 2002, 4:45 PM PT

WASHINGTON--Congress is about to consider an entertainment
industry proposal that would authorize copyright holders to disable
PCs used for illicit file trading.

A draft bill seen by CNET News.com marks the boldest political effort
to date by record labels and movie studios to disrupt peer-to-peer
networks that they view as an increasingly dire threat to their bottom
line.

Sponsored by Reps. Howard Berman, D-Calif., and Howard Coble, R-N.C.,
the measure would permit copyright holders to perform nearly unchecked
electronic hacking if they have a reasonable basis to believe that
piracy is taking place. Berman and Coble plan to introduce the 10-page
bill this week.

The legislation would immunize groups such as the Motion Picture
Association of America and the Recording Industry Association of
America from all state and federal laws if they disable, block or
otherwise impair a publicly accessible peer-to-peer network.

Anyone whose computer was damaged in the process must receive the
permission of the U.S. attorney general before filing a lawsuit, and a
suit could be filed only if the actual monetary loss was more than
$250.

According to the draft, the attorney general must be given complete
details about the specific technologies the copyright holder intends
to use to impair the normal operation of the peer-to-peer network.
Those details would remain secret and would not be divulged to the
public.

The draft bill doesn't specify what techniques, such as viruses,
worms, denial-of-service attacks, or domain name hijacking, would be
permissible. It does say that a copyright-hacker should not delete
files, but it limits the right of anyone subject to an intrusion to
sue if files are accidentally erased.

[...]



-
POLITECH -- Declan McCullagh's politics and technology mailing list
You may redistribute this message freely if you include this notice.
To subscribe to Politech: http://www.politechbot.com/info/subscribe.html
This message is archived at http://www.politechbot.com/
Declan McCullagh's photographs are at http://www.mccullagh.org/
-
Like Politech? Make a donation here: http://www.politechbot.com/donate/
-


- End forwarded message -

-- 
  Regards
  Marshall Eubanks



T.M. Eubanks
Multicast Technologies, Inc
10301 Democracy Lane, Suite 410
Fairfax, Virginia 22030
Phone : 703-293-9624   Fax : 703-293-9609
e-mail : [EMAIL PROTECTED]
http://www.multicasttech.com

Test your network for multicast :
http://www.multicasttech.com/mt/
  Status of Multicast on the Web  :
  http://www.multicasttech.com/status/index.html




Re: Draft of Rep. Berman's bill authorizes anti-P2P hacking

2002-07-24 Thread James Thomason



Would malicious actions on the part of copyright holders violate the
AUP of most networks?  Or are service providers more willing to tolerate
denial of service attacks by large corporations than say, spam?

If this legislation is passed, they certainly will earn Null0 on mine.

Regards, 
James Thomason


On Wed, 24 Jul 2002, Marshall Eubanks wrote:

 
 Thought this would be considered on-topic as guess who would have
 to clean up the resulting messes...
 
 Regards
 Marshall Eubanks
 
 - Forwarded message from Declan McCullagh [EMAIL PROTECTED] -
 
 From: Declan McCullagh [EMAIL PROTECTED]
 Subject: FC: Draft of Rep. Berman's bill authorizes anti-P2P hacking
 To: [EMAIL PROTECTED]
 Date: Tue, 23 Jul 2002 20:29:35 -0400
 X-URL: http://www.mccullagh.org/
 X-URL: Politech is at http://www.politechbot.com/
 
 
 
 http://news.com.com/2100-1023-945923.html?tag=politech
 
 Could Hollywood hack your PC?
 By Declan McCullagh
 July 23, 2002, 4:45 PM PT
 
 WASHINGTON--Congress is about to consider an entertainment
 industry proposal that would authorize copyright holders to disable
 PCs used for illicit file trading.
 
 A draft bill seen by CNET News.com marks the boldest political effort
 to date by record labels and movie studios to disrupt peer-to-peer
 networks that they view as an increasingly dire threat to their bottom
 line.
 
 Sponsored by Reps. Howard Berman, D-Calif., and Howard Coble, R-N.C.,
 the measure would permit copyright holders to perform nearly unchecked
 electronic hacking if they have a reasonable basis to believe that
 piracy is taking place. Berman and Coble plan to introduce the 10-page
 bill this week.
 
 The legislation would immunize groups such as the Motion Picture
 Association of America and the Recording Industry Association of
 America from all state and federal laws if they disable, block or
 otherwise impair a publicly accessible peer-to-peer network.
 
 Anyone whose computer was damaged in the process must receive the
 permission of the U.S. attorney general before filing a lawsuit, and a
 suit could be filed only if the actual monetary loss was more than
 $250.
 
 According to the draft, the attorney general must be given complete
 details about the specific technologies the copyright holder intends
 to use to impair the normal operation of the peer-to-peer network.
 Those details would remain secret and would not be divulged to the
 public.
 
 The draft bill doesn't specify what techniques, such as viruses,
 worms, denial-of-service attacks, or domain name hijacking, would be
 permissible. It does say that a copyright-hacker should not delete
 files, but it limits the right of anyone subject to an intrusion to
 sue if files are accidentally erased.
 
 [...]
 
 
 
 -
 POLITECH -- Declan McCullagh's politics and technology mailing list
 You may redistribute this message freely if you include this notice.
 To subscribe to Politech: http://www.politechbot.com/info/subscribe.html
 This message is archived at http://www.politechbot.com/
 Declan McCullagh's photographs are at http://www.mccullagh.org/
 -
 Like Politech? Make a donation here: http://www.politechbot.com/donate/
 -
 
 
 - End forwarded message -
 
 -- 
   Regards
   Marshall Eubanks
 
 
 
 T.M. Eubanks
 Multicast Technologies, Inc
 10301 Democracy Lane, Suite 410
 Fairfax, Virginia 22030
 Phone : 703-293-9624   Fax : 703-293-9609
 e-mail : [EMAIL PROTECTED]
 http://www.multicasttech.com
 
 Test your network for multicast :
 http://www.multicasttech.com/mt/
   Status of Multicast on the Web  :
   http://www.multicasttech.com/status/index.html
 




RE: Draft of Rep. Berman's bill authorizes anti-P2P hacking

2002-07-24 Thread Derek Samford



I second that. If I see any of my clients having any sort of malicious
activity directed at them, then there is no chance of me allowing their
traffic through. I would be more than happy to send all their traffic to
packet hell. Large corporations do not get any special consideration if
it comes down to the stability of my network vs. receiving their
traffic.

Derek
-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf Of
James Thomason
Sent: Wednesday, July 24, 2002 2:10 PM
To: Marshall Eubanks
Cc: [EMAIL PROTECTED]
Subject: Re: Draft of Rep. Berman's bill authorizes anti-P2P hacking



Would malicious actions on the part of copyright holders violate the
AUP of most networks?  Or are service providers more willing to tolerate
denial of service attacks by large corporations than say, spam?

If this legislation is passed, they certainly will earn Null0 on mine.

Regards, 
James Thomason


On Wed, 24 Jul 2002, Marshall Eubanks wrote:

 
 Thought this would be considered on-topic as guess who would have
 to clean up the resulting messes...
 
 Regards
 Marshall Eubanks
 
 - Forwarded message from Declan McCullagh [EMAIL PROTECTED] -
 
 From: Declan McCullagh [EMAIL PROTECTED]
 Subject: FC: Draft of Rep. Berman's bill authorizes anti-P2P hacking
 To: [EMAIL PROTECTED]
 Date: Tue, 23 Jul 2002 20:29:35 -0400
 X-URL: http://www.mccullagh.org/
 X-URL: Politech is at http://www.politechbot.com/
 
 
 
 http://news.com.com/2100-1023-945923.html?tag=politech
 
 Could Hollywood hack your PC?
 By Declan McCullagh
 July 23, 2002, 4:45 PM PT
 
 WASHINGTON--Congress is about to consider an entertainment
 industry proposal that would authorize copyright holders to
disable
 PCs used for illicit file trading.
 
 A draft bill seen by CNET News.com marks the boldest political
effort
 to date by record labels and movie studios to disrupt peer-to-peer
 networks that they view as an increasingly dire threat to their
bottom
 line.
 
 Sponsored by Reps. Howard Berman, D-Calif., and Howard Coble,
R-N.C.,
 the measure would permit copyright holders to perform nearly
unchecked
 electronic hacking if they have a reasonable basis to believe
that
 piracy is taking place. Berman and Coble plan to introduce the
10-page
 bill this week.
 
 The legislation would immunize groups such as the Motion Picture
 Association of America and the Recording Industry Association of
 America from all state and federal laws if they disable, block or
 otherwise impair a publicly accessible peer-to-peer network.
 
 Anyone whose computer was damaged in the process must receive the
 permission of the U.S. attorney general before filing a lawsuit,
and a
 suit could be filed only if the actual monetary loss was more than
 $250.
 
 According to the draft, the attorney general must be given
complete
 details about the specific technologies the copyright holder
intends
 to use to impair the normal operation of the peer-to-peer
network.
 Those details would remain secret and would not be divulged to the
 public.
 
 The draft bill doesn't specify what techniques, such as viruses,
 worms, denial-of-service attacks, or domain name hijacking, would
be
 permissible. It does say that a copyright-hacker should not delete
 files, but it limits the right of anyone subject to an intrusion
to
 sue if files are accidentally erased.
 
 [...]
 
 
 


-
 POLITECH -- Declan McCullagh's politics and technology mailing list
 You may redistribute this message freely if you include this notice.
 To subscribe to Politech:
http://www.politechbot.com/info/subscribe.html
 This message is archived at http://www.politechbot.com/
 Declan McCullagh's photographs are at http://www.mccullagh.org/


-
 Like Politech? Make a donation here:
http://www.politechbot.com/donate/


-
 
 
 - End forwarded message -
 
 -- 
   Regards
   Marshall Eubanks
 
 
 
 T.M. Eubanks
 Multicast Technologies, Inc
 10301 Democracy Lane, Suite 410
 Fairfax, Virginia 22030
 Phone : 703-293-9624   Fax : 703-293-9609
 e-mail : [EMAIL PROTECTED]
 http://www.multicasttech.com
 
 Test your network for multicast :
 http://www.multicasttech.com/mt/
   Status of Multicast on the Web  :
   http://www.multicasttech.com/status/index.html
 





RE: Draft of Rep. Berman's bill authorizes anti-P2P hacking

2002-07-24 Thread Larry Rosenman


Agreed here.  Has this even got a bill number yet? 



On Wed, 2002-07-24 at 13:15, Derek Samford wrote:
 
 
 I second that. If I see any of my clients having any sort of malicious
 activity directed at them, then there is no chance of me allowing their
 traffic through. I would be more than happy to send all their traffic to
 packet hell. Large corporations do not get any special consideration if
 it comes down to the stability of my network vs. receiving their
 traffic.
 
 Derek
 -Original Message-
 From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf Of
 James Thomason
 Sent: Wednesday, July 24, 2002 2:10 PM
 To: Marshall Eubanks
 Cc: [EMAIL PROTECTED]
 Subject: Re: Draft of Rep. Berman's bill authorizes anti-P2P hacking
 
 
 
 Would malicious actions on the part of copyright holders violate the
 AUP of most networks?  Or are service providers more willing to tolerate
 denial of service attacks by large corporations than say, spam?
 
 If this legislation is passed, they certainly will earn Null0 on mine.
 
 Regards, 
 James Thomason
 
 
 On Wed, 24 Jul 2002, Marshall Eubanks wrote:
 
  
  Thought this would be considered on-topic as guess who would have
  to clean up the resulting messes...
  
  Regards
  Marshall Eubanks
  
  - Forwarded message from Declan McCullagh [EMAIL PROTECTED] -
  
  From: Declan McCullagh [EMAIL PROTECTED]
  Subject: FC: Draft of Rep. Berman's bill authorizes anti-P2P hacking
  To: [EMAIL PROTECTED]
  Date: Tue, 23 Jul 2002 20:29:35 -0400
  X-URL: http://www.mccullagh.org/
  X-URL: Politech is at http://www.politechbot.com/
  
  
  
  http://news.com.com/2100-1023-945923.html?tag=politech
  
  Could Hollywood hack your PC?
  By Declan McCullagh
  July 23, 2002, 4:45 PM PT
  
  WASHINGTON--Congress is about to consider an entertainment
  industry proposal that would authorize copyright holders to
 disable
  PCs used for illicit file trading.
  
  A draft bill seen by CNET News.com marks the boldest political
 effort
  to date by record labels and movie studios to disrupt peer-to-peer
  networks that they view as an increasingly dire threat to their
 bottom
  line.
  
  Sponsored by Reps. Howard Berman, D-Calif., and Howard Coble,
 R-N.C.,
  the measure would permit copyright holders to perform nearly
 unchecked
  electronic hacking if they have a reasonable basis to believe
 that
  piracy is taking place. Berman and Coble plan to introduce the
 10-page
  bill this week.
  
  The legislation would immunize groups such as the Motion Picture
  Association of America and the Recording Industry Association of
  America from all state and federal laws if they disable, block or
  otherwise impair a publicly accessible peer-to-peer network.
  
  Anyone whose computer was damaged in the process must receive the
  permission of the U.S. attorney general before filing a lawsuit,
 and a
  suit could be filed only if the actual monetary loss was more than
  $250.
  
  According to the draft, the attorney general must be given
 complete
  details about the specific technologies the copyright holder
 intends
  to use to impair the normal operation of the peer-to-peer
 network.
  Those details would remain secret and would not be divulged to the
  public.
  
  The draft bill doesn't specify what techniques, such as viruses,
  worms, denial-of-service attacks, or domain name hijacking, would
 be
  permissible. It does say that a copyright-hacker should not delete
  files, but it limits the right of anyone subject to an intrusion
 to
  sue if files are accidentally erased.
  
  [...]
  
  
  
 
 
 -
  POLITECH -- Declan McCullagh's politics and technology mailing list
  You may redistribute this message freely if you include this notice.
  To subscribe to Politech:
 http://www.politechbot.com/info/subscribe.html
  This message is archived at http://www.politechbot.com/
  Declan McCullagh's photographs are at http://www.mccullagh.org/
 
 
 -
  Like Politech? Make a donation here:
 http://www.politechbot.com/donate/
 
 
 -
  
  
  - End forwarded message -
  
  -- 
Regards
Marshall Eubanks
  
  
  
  T.M. Eubanks
  Multicast Technologies, Inc
  10301 Democracy Lane, Suite 410
  Fairfax, Virginia 22030
  Phone : 703-293-9624   Fax : 703-293-9609
  e-mail : [EMAIL PROTECTED]
  http://www.multicasttech.com
  
  Test your network for multicast :
  http://www.multicasttech.com/mt/
Status of Multicast on the Web  :
http://www.multicasttech.com/status/index.html
  
 
 
-- 
Larry Rosenman http://www.lerctr.org/~ler

Re: Draft of Rep. Berman's bill authorizes anti-P2P hacking

2002-07-24 Thread Adam Rothschild


On 2002-07-24-14:10:00, James Thomason [EMAIL PROTECTED] wrote:
 If this legislation is passed, they certainly will earn Null0 on
 mine.

Unless, of course, the RIAA, MPAA, and friends carry out their
cracking through throw-away dial and DSL accounts, like they
purportedly use now to troll for copyright offenders, and send
automated nasty-grams to their upstream providers.

Carrying out their cracking from a uniform netblock or AS, which we
could all identify and filter, would be too easy.  They're flagrant,
but they're not stupid.

-a



Re: Draft of Rep. Berman's bill authorizes anti-P2P hacking

2002-07-24 Thread Michael Smith


On 7/24/02 11:31 AM, Adam Rothschild [EMAIL PROTECTED] wrote:

 
 On 2002-07-24-14:10:00, James Thomason [EMAIL PROTECTED] wrote:
 If this legislation is passed, they certainly will earn Null0 on
 mine.
 
 Unless, of course, the RIAA, MPAA, and friends carry out their
 cracking through throw-away dial and DSL accounts, like they
 purportedly use now to troll for copyright offenders, and send
 automated nasty-grams to their upstream providers.
 
 Carrying out their cracking from a uniform netblock or AS, which we
 could all identify and filter, would be too easy.  They're flagrant,
 but they're not stupid.
 

The Business Software Alliance appears to be using this technique to flush
out people distributing their Members' software via Gnutella and others.  I
have received the obligatory nasty-gram advising me as the owner of an IP
(not taking into account the IP has been allocated and then assigned to
consecutive downstream providers) that I could be held liable for the
actions of this particular user.

Mike




RE: Draft of Rep. Berman's bill authorizes anti-P2P hacking

2002-07-24 Thread blitz


If it starts happening, just unplug whoever's doing it and treat them like 
a DDOSer...poof, you just lost your Internet connectivity.
Something Sony or MCA would love to have happen...huh?
Sorry, your'e causing malicious problems on the Internet, operational 
procedure requires us to disable your address block..click...

What these slugs in Kongress don't realize, this will trigger a war, and 
one they can not win...
Who are they going to give waivers to, to damage personal property next, 
the ACLU, the ADL, the eco-terrorists? the politically korrect?
This is a war they can not hope to win, and all it will do is create chaos 
on the Internet, chaos that WE will bear the brunt of...like there isn't 
enough problems now?

All this because the media leeches won't recognize they have been trumped 
by technology...pitu!



At 14:15 7/24/02 -0400, you wrote:


I second that. If I see any of my clients having any sort of malicious
activity directed at them, then there is no chance of me allowing their
traffic through. I would be more than happy to send all their traffic to
packet hell. Large corporations do not get any special consideration if
it comes down to the stability of my network vs. receiving their
traffic.

Derek
-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf Of
James Thomason
Sent: Wednesday, July 24, 2002 2:10 PM
To: Marshall Eubanks
Cc: [EMAIL PROTECTED]
Subject: Re: Draft of Rep. Berman's bill authorizes anti-P2P hacking



Would malicious actions on the part of copyright holders violate the
AUP of most networks?  Or are service providers more willing to tolerate
denial of service attacks by large corporations than say, spam?

If this legislation is passed, they certainly will earn Null0 on mine.

Regards,
James Thomason


On Wed, 24 Jul 2002, Marshall Eubanks wrote:

 
  Thought this would be considered on-topic as guess who would have
  to clean up the resulting messes...
 
  Regards
  Marshall Eubanks
 
  - Forwarded message from Declan McCullagh [EMAIL PROTECTED] -
 
  From: Declan McCullagh [EMAIL PROTECTED]
  Subject: FC: Draft of Rep. Berman's bill authorizes anti-P2P hacking
  To: [EMAIL PROTECTED]
  Date: Tue, 23 Jul 2002 20:29:35 -0400
  X-URL: http://www.mccullagh.org/
  X-URL: Politech is at http://www.politechbot.com/
 
 
 
  http://news.com.com/2100-1023-945923.html?tag=politech
 
  Could Hollywood hack your PC?
  By Declan McCullagh
  July 23, 2002, 4:45 PM PT
 
  WASHINGTON--Congress is about to consider an entertainment
  industry proposal that would authorize copyright holders to
disable
  PCs used for illicit file trading.
 
  A draft bill seen by CNET News.com marks the boldest political
effort
  to date by record labels and movie studios to disrupt peer-to-peer
  networks that they view as an increasingly dire threat to their
bottom
  line.
 
  Sponsored by Reps. Howard Berman, D-Calif., and Howard Coble,
R-N.C.,
  the measure would permit copyright holders to perform nearly
unchecked
  electronic hacking if they have a reasonable basis to believe
that
  piracy is taking place. Berman and Coble plan to introduce the
10-page
  bill this week.
 
  The legislation would immunize groups such as the Motion Picture
  Association of America and the Recording Industry Association of
  America from all state and federal laws if they disable, block or
  otherwise impair a publicly accessible peer-to-peer network.
 
  Anyone whose computer was damaged in the process must receive the
  permission of the U.S. attorney general before filing a lawsuit,
and a
  suit could be filed only if the actual monetary loss was more than
  $250.
 
  According to the draft, the attorney general must be given
complete
  details about the specific technologies the copyright holder
intends
  to use to impair the normal operation of the peer-to-peer
network.
  Those details would remain secret and would not be divulged to the
  public.
 
  The draft bill doesn't specify what techniques, such as viruses,
  worms, denial-of-service attacks, or domain name hijacking, would
be
  permissible. It does say that a copyright-hacker should not delete
  files, but it limits the right of anyone subject to an intrusion
to
  sue if files are accidentally erased.
 
  [...]
 
 
 
 

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Re: Draft of Rep. Berman's bill authorizes anti-P2P hacking

2002-07-24 Thread Ralph Doncaster


The BSA is even flexing it's muscles here in the GWN.
http://www.istop.com/BSALetter.txt

Although they seem to have lots of money for scanning services and
lawyers, they expect ISPs to provide services (assisting them enforce
their copyrights) for free.

Ralph Doncaster
principal, IStop.com