From: Lee Corbin (lcorbin@tsoft.com)
Date: Tue Mar 18 2003 - 19:32:28 MST
Mike Lorrey said it much better than I:
> Okay, let me get this straight: PAII proposes to make the use of
> encryption *while in the commission of a felony* itself a felonious
> act. Okay, so as long as I don't commit any felonies, I don't have
> anything to worry about.
>
> This is the difficulty, Amara, of raising real public concern. Those of
> us who are law abiding don't see it as a threat to us.
Not as a threat; true. But is it ideal or not?
> There are many things which are constitutionally acceptable that are
> similar to the draft proposal. For example, the act of using a firearm,
> which would otherwise be constitutionally protected behavior, while in
> commission of a felony, is itself a felony.
Good law or bad?
> The act of using a phone, which would otherwise be a constitutionally
> protected behavior, while in commission of fraud, is itself a felony.
Now this is getting silly again. Just like, IMO, hate crime
or making encryption while committing a felony an additional crime.
> The act of using a ballot, an otherwise constitutionally protected
> behavior, while in the commission of election fraud, is itself a felony.
Our silly laws really like to pile on, don't they. It's
as if they're afraid they don't have enough to convict
someone of criminal behavior, and so that's why we see
these absurd numbers, e.g., 27 counts of blah blah blah,
and 17 counts of blah blah, all over a single incident.
> The act of possessing or using a tone generator, an otherwise
> constitutionally protected activity, while in the commission...
> [etc.]
> There are many otherwise constitutional activities and technologies
> that, if used in an illegal manner, constitute crimes in and of
> themselves. That use of such technologies should increase the total
> penalties a convict should receive reflects the degree to which such
> technologies make it easier for such criminals to violate the rights of
> law abiding citizens.
I don't follow the logic of your last sentence. Okay, certain
technologies make it easier to commit crimes, e.g., automobiles
greatly facilitate bank holdups. So what?
Lee
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