79 lines
4.4 KiB
Prolog
79 lines
4.4 KiB
Prolog
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**** PROCESSED THOUGHTS ****
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By John C. Dvorak
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PARANOIA RUNS RAMPANT THROUGH COMPUTER COMMUNITY
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As I was perusing the various information services I ran into a notice that
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the State of California is working on legislation to intimidate operators of
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on-line bulletin board systems. As usual the BBS systems operators (SYSOPS)
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are panicking over this effort. In the end they will somehow blow it for
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themselves and all of us.
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The case is Senate bill SB 1012 introduced by some guy from Citrus Heights
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named John Doolittle, a Republican. I don't know and I don't care whether this
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guy knows anything about computers. If he knew anything, he would be the only
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one in the legislature who did. This is a plus, and few of the computer users
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realize this. Not only because (when it comes to technology) these guys
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promote dumb legislation, but because the legislation is so dumb that it
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hampers any possible enforcement.
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SB 1012 is a perfect example. People should not panic, they should applaud.
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Listen to the way the law is written. Here's the parts that computer users are
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moaning and groaning about:
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"Section (e) (1). Any person who knowingly places a telephone number or
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address not listed, personal identification number (PIN), computer password or
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access code, credit card number, debit card number, bank account number, or
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other personal or private information of another on a computer bulletin board
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or otherwise makes the information available electronically to the public
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without the prior written authorization by the owner of the information is
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guilty of a public offense.
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(2) Any owner or operator of a computer bulletin board who knowingly permits
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the maintenance of a telephone number or address not listed, personal
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identification number (PIN), computer password or access code, credit card
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number, debit card number, bank account number, or other personal or private
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information of another on a computer bulletin board or otherwise makes the
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information available electronically to the public once having been notified
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that it is private or personal information is guilty of a public offense."
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The key word here is "knowing". It is nearly impossible to prove a
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"knowingly" offense unless the guy proclaims it on the bulletin board. Ask a
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lawyer. This is a creampuff law, but the antsy SYSOPS and paranoids in the
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audience are going to moan and groan and the result will be a change from
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"knowingly" to "negligently." The negligence concept is more open to debate and
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enforcement abuse.
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Then they'll moan and groan because of the dubious definition of negligence
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and they end up with a law that leaves out both words. That means if something
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gets posted then you're guilty, period.
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The BBS SYSOPS simply have not been able to self- police. Meanwhile the BBS
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movement is big-time. Anyone with half a brain knows that this means
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legislation of some sort to regulate these guys. It's a simple fact of life in
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this country that we are governed by lots of laws designed by lots of lawyers.
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Let's work from that premise.
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Let's just resign ourselves to the fact that legislation of one form or
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another is coming. There is simply no way that it won't. If you think it can
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be prevented, then you're an idealist doomed to bitter disappointment. The key
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to success is to get the legislation in early and with no teeth. SB 1012 is
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perfect and it can be later pointed to as "just fine" if someone really wants
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to crack down. "Hey, since SB 1012, the problems have disappeared. Everything
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is hunky- dory." The longer we wait the worse it will be -- just like going to
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the dentist. And specious arguments like, "Golly, supermarket bulletin boards
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aren't regulated!" will just make things worse. For one thing only an idiot
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would compare the two. Show me how to download a Safeway bulletin board in San
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Francisco from my office in Kansas City!
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I know my position on this issue is unpopular, but it is far more realistic
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than the crybaby complaining I keep hearing and reading from panicky BBS
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operators who are unlikely to ever be affected by any of these laws.
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-------------------------------------------------
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Reprinted with the kind permission of the author and publisher from Computer
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Currents 5/7/85 pg.6. This and other information related to SB1012 is
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available at Etcetera!, fido 423 in San Jose, CA at 408-978-3282 300/1200.
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