Re: My Blind Spot - Patriot Act II

From: Mike Lorrey (mlorrey@yahoo.com)
Date: Thu Mar 20 2003 - 19:13:17 MST

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    --- Charles Hixson <charleshixsn@earthlink.net> wrote:
    > Mike Lorrey wrote:
    > >
    > >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.
    > >
    > How will you know whether or not your are committing a felony? I,
    > personally, know less than 1% of the laws on the books, and those
    > only in a popularized form. And I don't know how much less than one
    > percent, but I do know that it decreases with every law that gets
    > passed.

    A responsible citizen should be aware of the laws in their
    jurisdiction. While there are many small statutory violations which it
    is difficult to avoid these days, such are not generally felonies.
    Whistling and chewing gum at the same time may get you a citation in
    some communities (not kidding), but such generally are not felonies.

    A person generally knows when they are committing a felony. Felony laws
    are generally not swept under the rug, so trying to claim ignorance is
    a bit facetious. Somebody always makes a stink about ones that people
    find onerous, and the police/lawyer tv shows always try to make use of
    different ones just to keep their programs fresh. You'd have to be
    living under a rock for a decade or more to be ignorant of many such
    laws.

    >
    > Personally, I generally try to obey all the laws that I know and
    > understand. But I am well aware that it is ... less than 1% ... so I
    > would only issue a "so don't commit a crime" comment as a form of
    > sarcasm. But that doesn't seem to be what you are doing.

    Only in part. For example, the bit about using a tone generator while
    committing theft of communications services. If you follow the
    arguments of those who oppose IP laws, laws should not restrict
    behavior which is cheap to commit (i.e. copying intellectual property
    electronically). According to this logic, it should not be illegal to
    use a modified phone dialer tone generator (available at Radio Shack)
    to get free phone calls at payphones, simply because it is so easy and
    cheap to do (i.e. one push of a button).

    The problem with logic like this is that it easily falls apart. For
    example, I could kill someone with a plastic knife at a fast food
    restaurant. Doesn't cost me anything to do, so shouldn't it be legal?

    Those who follow such logic though seem to have a video game view of
    reality. They seem to have this idea that laws should only restrict
    behavior which is physically difficult or impossible to do, like
    restrictions on a video game character, and that it is only
    inappropriate (i.e. should be illegal) to go into 'God Mode' in
    reality.

    Such is an extremely solipsistic view of reality which goes beyond mere libertarianism.

    =====
    Mike Lorrey
    "Live Free or Die, Death is not the Worst of Evils."
                                                         - Gen. John Stark
    "Pacifists are Objectively Pro-Fascist." - George Orwell
    "Treason doth never Prosper. What is the Reason?
    For if it Prosper, none Dare call it Treason..." - Ovid

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