[FedCom] IMPORTANT BAD NEWS - Homeland Security bill includes HR3482

[Jon]

At 11:10 AM 11/15/02, you wrote:
.....snip........
>This thing has taken on a life of its own on the internet, quite apart from=
 the
>reality in Washington, and IMHO it's not quite as draconian as some have
>suggested.  Nothing whatsoever in there changing WHAT we can listen to, but=
 they
>definitely are stiffening the potential penalties for stuff that's already
>illegal (like cellphone listening)
>
>Harry


Thanks for the links Harry :)

I downloaded a current .pdf copy of the HSA (HR 5710) that was passed by the=
 House from http://www.hsc.house.gov/ and ran multiple scans on the text=
 using different search strings.  The only thing I could come up with was=
 the following........

SECTION 2701.=97Section 2701(b) of title 18, United States Code, is amended=
=97

(A) in paragraph (1), by inserting =91=91, or in furtherance of any criminal=
 or tortious act in violation of the Constitution or laws of the United=
 States or any State=92=92 after =91=91commercial gain=92=92;

(B) in paragraph (1)(A), by striking =91=91one year=92=92 and inserting =91=
=915 years=92=92;

=3D=3D=3D=3D=3D=3D

Below is a copy of that "current" section from 18 USCS.......

=3D=3D=3D=3D=3D=3D

18 USCS =A7 2701 (1999)=20
=A7 2701.  Unlawful access to stored communications=20

(a) Offense. Except as provided in subsection (c) of this section whoever--

   (1) intentionally accesses without authorization a facility through which=
 an electronic communication service is provided; or

   (2) intentionally exceeds an authorization to access that facility; and=
 thereby obtains, alters, or prevents authorized access to a wire or=
 electronic communication while it is in electronic storage in such system=
 shall be punished as provided in subsection (b) of this section.

(b) Punishment. The punishment for an offense under subsection (a) of this=
 section is--

   (1) if the offense is committed for purposes of commercial advantage,=
 malicious destruction or damage, or private commercial gain--

      (A) a fine under this title or imprisonment for not more than one=
 year, or both, in the case of a first offense under this subparagraph; and

      (B) a fine under this title or imprisonment for not more than two=
 years, or both, for any subsequent offense under this subparagraph; and

=3D=3D=3D=3D=3D

The way I read it, 18 USCS 2701(b)(1) states what we already know.  The only=
 change will be changing 2701(b)(1)(B) from 2 years to 5 years "if the=
 offense is committed for purposes of commercial advantage, malicious=
 destruction or damage, or private commercial gain--".

So until I see something in print, and that is "verifiable", I'm not going=
 to worry about my monitoring rights to be taken away any time soon.

That's not to say I'm blind or a "sheep", and although there may be other=
 things in the current version of the HSA I do not like, I'm not going to=
 loose any sleep over the monitoring issue.

Jon...