10 ways you might be breaking the law with your
computer<http://blogs.techrepublic.com.com/10things/?p=356>

*Author*: Debra Littlejohn Shinder

For many years, the Internet was the "final frontier," operating largely
unregulated — in part because of the jurisdictional nightmare involved in
trying to enforce laws when communications crossed not just state lines but
also national boundaries. That was then; this is now.

Legislation that affects the use of Internet-connected computers is
springing up everywhere at the local, state, and federal levels. You might
be violating one of them without even knowing it.

In this article, we'll take a look at some of the existing laws and some of
the pending legislation that can affect how we use our computers and the
Internet. Nothing in this article should be construed as legal advice; this
is merely an overview of some of the legislation that's out there, how it
has been interpreted by the courts (if applicable), and possible
implications for computer users.

**
#1: Digital Millennium Copyright Act (DMCA)

Most computer users have heard of this law, which was signed in 1998 by
President Clinton, implementing two World Intellectual Property Organization
(WIPO) treaties. The DMCA makes it a criminal offense to circumvent any kind
of technological copy protection — even if you don't violate anyone's
copyright in doing so. In other words, simply disabling the copy protection
is a federal crime.

There are some exemptions, such as circumventing copy protection of programs
that are in an obsolete format for the purpose of archiving or preservation.
But in most cases, using any sort of anti-DRM program is illegal. This
applies to all sorts of copy-protected files, including music, movies, and
software. You can read a summary of the DMCA
here<http://www.copyright.gov/legislation/dmca.pdf>
.

If you're a techie who likes the challenge of trying to "crack"DRM," be
aware that doing so — *even if you don't make or distribute illegal copies
of the copyrighted material* — is against the law.
#2: No Electronic Theft (NET) Act

This is another U.S. federal law that was passed during the Clinton
administration. Prior to this act, copyright violations were generally
treated as civil matters and could not be prosecuted criminally unless it
was done for commercial purposes. The NET Act made copyright infringement
itself a federal criminal offense, regardless of whether you circumvent
copy-protection technology or whether you derive any commercial benefit or
monetary gain. Thus, just making a copy of a copyrighted work for a friend
now makes you subject to up to five years in prison and/or up to $250,000 in
fines. This is the law referred to in the familiar "FBI Warning" that
appears at the beginning of most DVD movies. You can read more about the NET
Act here <http://www.gseis.ucla.edu/iclp/hr2265.html>.

Many people who consider themselves upstanding citizens and who would never
post music and movies to a P2P site think nothing of burning a copy of a
song or TV show for a friend. Unfortunately, by the letter of the law, the
latter is just as illegal as the former.
#3: Court rulings regarding border searches

Most Americans are aware of the protections afforded by the U.S.
Constitution's fourth amendment against unreasonable searches and seizures.
In general, this means that the government cannot search your person, home,
vehicle, or computer without *probable cause *to believe that you've engaged
in some criminal act.

What many don't know is that there are quite a few circumstances that the
Courts, over the years, have deemed to be exempt from this requirement. One
of those occurs when you enter the United States at the border. In April of
this year, the Ninth Circuit Court of Appeals upheld the right of Customs
officers to search laptops and other digital devices at the border (the
definition of which extends to any international airport when you are coming
into the country) without probable cause or even the lesser standard
of *reasonable
suspicion.* The Electronic Frontier Foundation (EFF) and other groups
strongly disagree with the ruling. You can read more on the EFF Web
site<http://www.eff.org/deeplinks/2008/04/no-cause-needed-search-laptops-border>
.

Meanwhile, be aware that even though you've done nothing illegal and are not
even suspected of such, the entire contents of your portable computer, PDA,
or smart phone can be accessed by government agents when you enter the
United States. So if you have anything on your hard drive that might be
embarrassing, you might want to delete it before crossing the border.
#4: State laws regarding access to networks

Many states have criminal laws that prohibit accessing any computer or
network without the owner's permission. For example, in Texas, the statute
is Penal Code section 33.02, Breach of Computer Security. It says, "A person
commits an offense if the person knowingly accesses a computer, computer
network or computer system without the effective consent of the owner." The
penalty grade ranges from misdemeanor to first degree felony (which is the
same grade as murder), depending on whether the person obtains benefit,
harms or defrauds someone, or alters, damages, or deletes files.

The wording of most such laws encompasses connecting to a wireless network
without explicit permission, even if the wi-fi network is unsecured. The
inclusion of the culpable mental state of "knowing" as an element of the
offense means that if your computer automatically connects to your
neighbor's wireless network instead of your own and you aren't aware of it,
you haven't committed a crime — but if you decide to hop onto the nearest
unencrypted wi-fi network to surf the Internet, knowing full well that it
doesn't belong to you and no one has given you permission, you could be
prosecuted under these laws.

A Michigan man was
arrested<http://arstechnica.com/news.ars/post/20070522-michigan-man-arrested-for-using-cafes-free-wifi-from-his-car.html>for
using a café's wi-fi network (which was reserved for customers) from
his
car in 2007. Similar arrests have been made in Florida, Illinois,
Washington, and Alaska. See
#5: "Tools of a crime" laws

Some states have laws that make it a crime to possess a "criminal
instrument" or the "tool of a crime." Depending on the wording of the law,
this can be construed to mean any device that is designed or adapted for use
in the commission of an offense. This means you could be arrested and
prosecuted, for example, for constructing a high gain wireless antenna for
the purpose of tapping into someone else's wi-fi network, even if you never
did in fact access a network. Several years ago, a California sheriff's
deputy made the news when he declared "Pringles can antennas"
illegal<http://www.engadget.com/2005/07/25/wifi-cantennas-now-illegal/>under
such a statute.
#6: "Cyberstalking" laws

Stalking is a serious crime and certainly all of us are in favor of laws
that punish stalkers. As Internet connectivity has become ubiquitous,
legislatures have recognized that it's possible to stalk someone from afar
using modern technology. Some of the "cyberstalking" laws enacted by the
states, however, contain some pretty broad language.

For example, the Arkansas
law<http://www.arkleg.state.ar.us/NXT/gateway.dll?f=templates&fn=default.htm&vid=blr:code>contains
a section titled "Unlawful computerized communications" that makes
it a crime to send a message via e-mail or other computerized communication
system (Instant Messenger, Web chat, IRC, etc.) that uses obscene, lewd, or
profane language, with the intent to frighten, intimidate, threaten, abuse,
or harass another person. Some of the lively discussions on mailing lists
and Web boards that deteriorate into flame wars could easily fall under that
definition. Or how about the furious e-mail letter you sent to the company
that refused to refund your money for the shoddy product you bought?

Closely related are the laws against "cyber
bullying"<http://www.cio-today.com/news/Teen-Suicide-Spurs-Cyberbullying-Law/story.xhtml?story_id=12000B111K60>that
have recently been passed by some states and local governments.

The best policy is to watch your language when sending any type of
electronic communications. Not only can a loss of temper when you're online
come back to embarrass you, it could possibly get you thrown in jail.
#7: Internet Gambling laws

Like to play poker online or bet on the horse races from the comfort of your
home? The federal Unlawful Internet Gambling Enforcement Act of 2006
criminalizes acceptance of funds from bettors — but what about the bettors
themselves? Are they committing a crime?

Under this federal
law<http://www.gambling-law-us.com/Federal-Laws/internet-gambling-ban.htm>,
the answer is no, but some state laws do apply to the person placing the
bet. For example, a Washington law passed in
2006<http://seattletimes.nwsource.com/html/localnews/2004418390_gambling16m.html>makes
gambling on the Internet a felony. The King County Superior Court just
recently upheld that law, although challengers have vowed to take it to the
Supreme Court.

Be sure to check out the state and local laws before you make that friendly
online bet.
#8: Security Breach Disclosure laws

A California law passed in
2003<http://www.dmv.ca.gov/pubs/vctop/appndxa/civil/civ1798_82.htm>requires
that any company that does business in California must notify their
California customers if they discover or suspect that nonencrypted data has
been accessed without authorization. This applies even if the business is
not located in California, as long as you have customers there, and no
exception is made for small businesses.
#9: Community Broadband Act of 2007

This is a piece of pending federal legislation that was introduced in July
of 2007 as U.S. Senate Bill 1853. In April 2008, it was placed on the Senate
Legislative Calendar under General Orders and is still winding its way
through the legislative process. This federal law would prohibit state and
local governments (municipalities and counties) from passing laws that
prohibit public telecommunications providers from offering Internet
services.

This is in response to laws passed in a few states, as a result of lobbying
from the telecom industry, that prohibit cities from installing and
operating public broadband networks, such as public wi-fi networks. The big
telecom companies have a vested interest in preventing cities from
establishing networks that could compete with their own services by
providing free or low cost Internet services because the public services are
partially or wholly taxpayer-subsidized.

If this law passes, it could make it easier to find free or low cost ISP
services in cities that choose to build public networks. On the other hand,
it could (depending on how it's funded) cause tax increases for those who
live in those municipalities, including those who don't use the public
networks.
#10: Pro IP Act

Back on the copyright front, the House of Representative recently approved
by an overwhelming majority HR 4279, which imposes stricter penalties for
copyright infringement. It creates a new position of "copyright enforcement
czar" in the federal bureaucracy and gives law enforcement agents the right
to seize property from copyright infringers.

This may all sound fine in theory, but when you look at the way other
seizure and forfeiture laws have been applied (for instance, the ability of
drug enforcement officers to seize houses, computers, cars, cash, and just
about everything else that belongs to someone tagged as a suspected drug
dealer — and in some cases not returning the property even when the person
is acquitted or not prosecuted), it makes many people wary. Read more about
the bill here<http://arstechnica.com/news.ars/post/20080508-house-overwhelmingly-passes-controversial-pro-ip-act.html>
.

Some local jurisdictions have already established seizure authority for
piracy. See this
article<http://arstechnica.com/news.ars/post/20080509-piracy-now-public-nuisance-in-los-angeles-county.html>for
more information.
 ------------------------------

Debra Littlejohn Shinder is a technology consultant, trainer and writer who
has authored a number of books on computer operating systems, networking,
and security. These include *Scene of the Cybercrime: Computer Forensics
Handbook*, published by Syngress, and *Computer Networking Essentials*,
published by Cisco Press. She is co-author, with her husband, Dr. Thomas
Shinder, of *Troubleshooting Windows 2000 TCP/IP*, the best-selling
*Configuring
ISA Server 2000*, and *ISA Server and Beyond*.

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