Skip to main content

Home/ Indie Nation/ Group items tagged abuse

Rss Feed Group items tagged

Filter: All | Bookmarks | Topics Simple Middle
John Lemke

Rep. Goodlatte Slips Secret Change Into Phone Unlocking Bill That Opens The DMCA Up For... - 0 views

www.techdirt.com/...t-new-copyright-problems.shtml

2014 unlocking cell phone DMCA copyright Section 1201 technology law legal yourrights writeabout wroteatindienation indienationnews IN-Pub

shared by John Lemke on 25 Feb 14 - No Cached
  • Because of section 1201 of the DMCA, the "anti-circumvention" provision, companies have been abusing copyright law to block all sorts of actions that are totally unrelated to copyright. That's because 1201 makes it illegal to circumvent basically any "technological protection measures." The intent of the copyright maximalists was to use this section to stop people from breaking DRM. However, other companies soon distorted the language to argue that it could be used to block certain actions totally unrelated to copyright law -- such as unlocking garage doors, ink jet cartridges, gaming accessories... and phones
  • Separately, every three years, the Librarian of Congress gets to announce "exemptions" to section 1201 where it feels that things are being locked up that shouldn't be. Back in 2006, one of these exemptions involved mobile phone unlocking.
  • Every three years this exemption was modified a bit, but in 2012, for unexplained reasons, the Librarian of Congress dropped that exemption entirely, meaning that starting in late January of 2013, it was possible to interpret the DMCA to mean that phone unlocking was illegal. In response to this there was a major White House petition -- which got over 100,000 signatures, leading the White House to announce (just weeks later) that it thought unlocking should be legal -- though, oddly, it seemed to place the issue with the FCC to fix, rather than recognizing the problem was with current copyright law.
  • ...2 more annotations...
  • While this gives Goodlatte and other maximalists some sort of plausible deniability that this bill is making no statement one way or the other on bulk unlocking, it certainly very strongly implies that Congress believes bulk unlocking is, in fact, still illegal. And that's massively problematic on any number of levels, in part suggesting that the unlocker's motives in unlocking has an impact on the determination under Section 1201 as to whether or not it's legal. And that's an entirely subjective distinction when a bill seems to assume motives, which makes an already problematic Section 1201 much more problematic. Without that clause, this seemed like a bill that was making it clear that you can't use the DMCA to interfere with an issue that is clearly unrelated to copyright, such as phone unlocking. But with this clause, it suggests that perhaps the DMCA's anti-circumvention clause can be used for entirely non-copyright issues if someone doesn't like the "motive" behind the unlocker.
  • Unfortunately, the bill was deemed so uncontroversial that it's been listed on the suspension calendar of the House, which is where non-controversial bills are put to ensure quick passage. That means that, not only did Goodlatte slip in a significant change to this bill that impacts the entire meaning and intent of the bill long after it went through the committee process (and without informing anyone about it), but he also got it put on the list of non-controversial bills to try to have it slip through without anyone even noticing.
John Lemke

Cops Seize Car When Told To Get A Warrant, Tell Owner That's What He Gets For 'Exercisi... - 0 views

www.techdirt.com/...ts-exercising-his-rights.shtml

2014 indienationnews 2014.09.29-TNN abuse yourrights search seizure dueProcess law legal

shared by John Lemke on 29 Sep 14 - No Cached
  • Officer Hatch spent most of his time trying to talk Zullo into allowing him to search the vehicle without a warrant. Hatch seemed to be convinced that Zullo was involved with the heroin traffickers he was searching for. Hatch tried everything, including lying.
  • As the officers and Zullo waited for the tow truck, they continued to try to get his permission for a search. Zullo held firm, so the cops ditched him miles from home in 20-degree weather. Mr. Zullo asked Hatch if he could retrieve his money and cell phone from his car, because he did not know how he would get home without either item. Hatch refused, saying that getting home was “not my problem,” and warned Mr. Zullo that if he attempted to retrieve those items from the car he would be arrested. When Mr. Zullo walked towards his car, Hatch placed his hands on Mr. Zullo to restrain him from reaching the car. After the tow truck arrived and took Mr. Zullo’s car, Hatch and the second state trooper left the scene, leaving Mr. Zullo stranded on the side of Route 7.
    • John Lemke
      John Lemke on 29 Sep 14
       
      They stranded him.
  • ...2 more annotations...
  • After being seized, Zullo's car was searched by Officer Hatch using an actual drug dog and an actual warrant [pdf link]. Nothing illegal was uncovered.
    • John Lemke
      John Lemke on 29 Sep 14
       
      They found nothing other than a possible civil charge.
  • Both the drug angle and the registration sticker angle dead end into a search and seizure based on non-criminal actions. The state does have an out (one that will likely be deployed in its defense against Zully's lawsuit) that still allows law enforcement to search for marijuana, even if what's discovered isn't a criminal amount.
1 - 2 of 2
Showing 20▼ items per page