Re: [Discuss-gnuradio] how they can effectively outlaw the GNU Radio

[Steve Schear]

At 02:56 PM 2/28/2002 -0500, you wrote:
> At 10:34 AM 2/28/02 -0800, Steve Schear <address@hidden> wrote:
>
> > I'm not sure how they can effectively outlaw the GNU Radio as long as the 
> > basic code is fully unbundled and offered as a signal processing 
> > instrument test set construction kit (i.e., it doesn't come packaged with 
> > any "demodulators" and such).  All "add-ons" should be in a separate code 
> > set, maybe in different open source support group.  This, of course, 
> > requires GNU Radio to support dynamically linked modules and scripting, 
> > as has been discussed.
>
> if you're not sure, then take a few minutes to read:
>
> U.S.C. Title 18, Section 1029:
> http://www.usdoj.gov/criminal/cybercrime/usc1029.htm
> (and if you think the "intent to defraud" clause disqualifies you, then 
> you've never met a determined federal prosecutor.)

As long as the GNU Radio has no demodulators, which are a key element of 
any receiver of scanner, these statutes should not apply.


> The Digital Millennium Copyright Act of 1998 also contains some 
> wonderfully vague language:
> www.loc.gov/copyright/legislation/dmca.pdf
>
> there are probably other federal--and many state--statutes that could apply.
>
> note that with either law, no fraud, attempted fraud, theft of services, 
> etc needs to be alleged to be in violation.  the possession of "hardware 
> or software" that _could_ be used "for" that is enough to prosecute 
> whenever the government decides to.  not that in most cases it will, but 
> it could.

A good prosecutor can indict a ham sandwich, so any activity could become 
the focus of an investigation or prosection.  Anyone in wireless who fears 
this attention should lock themselves up and throw away the key.

steve