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A thought about H.R. 2281

Unlike Rick Anderson, I have to admit that I haven't read the text of H.R.
2281, and I share a certain amount of his ambivalence.  But I have some
questions.  Just because we make the breaking of the *barriers* to
copying/accessing information illegal, does that make it any easier to
detect violators?

If it doesn't, what's the point?

If it does, then why can't the law be written in such a way that the act
of breaking the barriers isn't necessarily illegal, but does allow
investigation of the use of the data that was gotten at.  If the use was
fair use - no prosecution, if it wasn't -- it was illegal. 

Am I being extradorinarily naive here?  Is it a dangerous precedent to
set, in terms of civil liberties, to have an action (breaking the
barriers) set up a diminution in my right to be presumed innocent? 

I'm sure I'm missing something obvious.

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