Subject: Re: the .NET battle ends
From: Bernard Lang <Bernard.Lang@inria.fr>
Date: Fri, 21 Sep 2001 22:56:10 +0200

  It seems to me that, in spirit, SSSCA goes against the 4th amendement,
since it is a permanent search of your electronic goods within your home.

but IANAAL, nor a French one

Bernard

On Fri, Sep 21, 2001 at 03:45:06PM -0700, Tom Lord wrote:
> 
> 
>        It is quite legal for them to outlaw the saving of digital information
>        in forms without content protection.
> 
> No way.  Common sense (among the technically sophisticated). It is
> totalitarian and tyranical, therefore unconstitutional.  But
> "totalitarian" and "tyranical" are not a sufficiently secure arguments
> to advance in court -- it seems to me the courts like to be more
> precise, more narrow, in their constructions.  The task, then, is to
> figure out more specifically how the two texts contradict one another,
> and thus how the dominant text wins.
> 
> 
>     Look, I detest the thought of the SSSCA.  I think it is a horrible
>     law that devastates industry.  However I can't even convince
>     myself that it is outside of the power of Congress to pass!  And I
>     also cannot convince myself that it regulates the software
>     industry in a more intrusive way than many other industries are
>     already regulated.
> 
> A required seatbelt imposes little cost and has little impact on
> automotive technology.  Enforcing the requirement is nearly trivial
> and, with apologies to some libertarians I've known, is not
> particularly onerous or invasive.  Against that, a required seatbelt
> does a lot of social good.
> 
> The SSSCA imposes extreme costs, has tremendous technology impact, and
> is unenforcible except through horrible, unprecedented means.  Against
> that, it props up a specific implementation of "promote progress",
> written prior to the digital age, which implementation is clearly no
> longer in accord with the natural world.  They have no right to pass
> this bill.
> 
> -t

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