[Asterisk-biz] DIDX.org emails

[trixter aka Bret McDanel]

On Fri, 2005-11-18 at 23:53 +0100, Danny Froberg wrote:
> People are way to bored ;)

Well it did have implications on voip businesses until jermey had to get
involved, then it degreaded.

The specific voip implications were the comments about the case law
(meaning judges decided this not me, I only happen to share their
opinions) that in the US at least 18 USC 1030 provides not only criminal
but also civil remedies for a violation of a TOS.  Something that can
come in handy if you have a customer that decides to violate said TOS.  

The post patriot act version added a provision that the computers in
question do not have to be in the US to qualify, they only have to be
involved in interstate or foreign commerce or communications with a US
based system *somewhere*.  

I think this is overreaching, and the constitution allows the feds to
pass laws that are involved in interstate or foreign commerce but says
nothing about communication.  Although no one has been charged to date
(at least nothing that can be cited) with communication only, the
juridisctional hook has always been commerce, so in effect that part has
never been challenged ...

And to make jermey happy no I am not a lawyer, I never claimed to be all
of this is clearly readable by googling cases based on this, subscribing
to westlaw, etc.  If you want more help contact a lawyer, he can search
for those same cases and I will even help.

The first case that set the violation of a TOS was a violation of 1030
was "In Re: America Online Inc." 1998 VA district court (went for
appeal later, affirmed)

The damage provision is largely US v Middleton 9th circuit, which has
been used in other circuits across the nation.  The post patriot act
version actually changes this slightly but the underlying concept still
applies.  Specifically the patriot act states that a failed attempt to
violate 1030 is the same as a success, and in reality the 'victim' only
has to claim that the damage element would have been reached and a jury
believe the 'victim'.  Secondly aggregation changes, instead of it being
a singular act (as the senate report on  the initial statute clearly
stated) all acts within 1 year are aggregated, so its really easy to hit
the damage element.


Those two cases should make it really easy for any legal counsel to
prove or disprove anything said, and with westlaws sheppard series its
really easy to see if they were overturned or not.  Should take a whole
of about 15 minutes for a lawyer to verify this, at least that is what
it took when I went to law school.


-- 
Trixter http://www.0xdecafbad.com     Bret McDanel
UK +44 870 340 4605   Germany +49 801 777 555 3402
US +1 360 207 0479 or +1 516 687 5200
FreeWorldDialup: 635378
http://www.sacaug.org/ Sacramento Asterisk Users Group
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