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Re: A thought about H.R. 2281 

> 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?

Probably not, but maybe so -- it's probably harder to hack through a
firewall without leaving one's virtual calling card than it is to simply
use publicly available information anonymously.  But I think "Bad Rick"
would respond that making the barrier legally enforceable simply gives the
barrier itself added weight and credibility.  It would have more of a
psychological effect than anything else.  Is that kind of effect worth
what's sacrificed in passing the law?  I don't know.  Good Rick doesn't
think so. 

> 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. 

I'm no lawyer, but I doubt that you could get very far with a law that
says breaking the barriers is only illegal if you then go on to do
something else illegal, but is legal otherwise.  (Did that make sense?) 

> 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 not sure that the presumption of innocence extends to ignoring
evidence of crime.  And I think there's a good case to be made that
hacking past someone's copyright protection utility at least constitutes
evidence (though certainly not proof) of criminal intent.  Maybe not,
though -- maybe enough people are willing to scale those walls to make
fair use of protected information that the assumption would be invalid
more often than valid. 


----------------------
Rick Anderson
Head Acquisitions Librarian
Jackson Library
UNC Greensboro
1000 Spring Garden St.
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PH (336) 334-5281
FX (336) 334-5399
rick_anderson@uncg.edu
http://www.uncg.edu/~r_anders

"My music is not modern; it is only badly played."
                  -- Arnold Schoenberg


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