From: Hermit (hidden@lucifer.com)
Date: Mon Jun 30 2003 - 17:29:48 MDT
Possession of equipment can only point to capability. It used not to be a crime to possess or use analytic equipment - even if it was used to reverse engineer the work of others (or most of the major computer companies would not exist). As I comprehend "restitution" (in Roman-Dutch and English law) it can only apply when a tort (a measurable damage) can be proved. While I understand that the US can apply punitive sanctions, my understanding was that this could properly apply only in situations where aggravating circumstances (wilfull, wanton and reckless) were proven. It could be that the last mismash of insane laws intended to deprive users of their rights has changed this. Perhaps one of the legal-eagles on the list could provide a better perspective.
Kind Regards
Hermit
PS re not comprehending, the following paragraph might be elucidatory.While the climate right now is not as bleak--unless you're a Muslim immigrant--as it was during the harshest days of McCarthyism, these incidents indicate a powerful, frightening trend. Today, deeply reactionary forces don't need a Joe McCarthy in the U.S. Senate. The hecklers, goons, radio and TV talkshow hosts, nativists, and know-nothings in our midst are perfectly capable of doing the tarring and feathering themselves. Refer "The End of Freedom: Enforced Conformity" which I will post separately so as not to confuse the threads.
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