More Stupid Felonies

Discussion in 'Off-topic' started by gunsmoker, Mar 10, 2007.

  1. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Back to the subject of how a "felony" conviction strips you of all gun rights for life in this state.... do y'all realize how many crimes are "felonies," and how broadly-worded those laws are? Many acts that our statutes would call felonies should be misdeanors, or perhaps actionable torts without any criminal sentence attached to them.

    Take a look, for example at 16-9-93. Three computer-related crimes are created. They are all 15 year felonies. Folks, auto theft is only a 10 year felony. Suppose some 17 year old high school kid finds out a friend's password and logs onto his My Space social networking site account and makes some funny changes in the profile, maybe substituting a picture of a pig's rump for his buddy's senior portrait photo. That's computer trespass. 15 years in prison! :shock: There is no "misdemeanor" version of this crime, even if the defendant didn't cause any financial loss to the victim, even if the changed data was quickly restored, and even if the offender stood nothing to gain other than the satisfaction of pulling-off a prank successfully.

    Ever hear of kids downloading songs from the internet by way of file-sharing websites? Suppose somebody blatantly violated the Terms of Service (TOS) for a site like Napster by giving false information at the time they registered, so that they could get some pirated music anonymously. Even if the name and address and contact information they gave at the time of registration were completely fictional, and no real person was at risk of getting falsely accused of piracy that this teen was doing, it's still computer theft. Using a computer network to take intellectual property. Felony. Up to 15 years in prison and a $50,000 fine. Goodbye right to vote, hold office, own a firearm, etc. Just for registering on Napster using Abraham Lincoln's name and the White House address in order to hear Michael Jackson songs without having to help make that pedophile any richer than he already is. Well, maybe instead of "computer theft" it may be better charged as "computer forgery." Guess what? Same penalty.

    The maximum penalty for stealing somebody's checkbook and writing yourself a $1500 check, signing their name, and cashing it at the local liquor store is 11 years in prison (1 for stealing the check, and 10 more for first-degree forgery). Why should "computer" forgery carry a penalty that is 50% harsher and doesn't even have any sort of dollar value threshhold that must be met to qualify it as a felony?

    Okay, I'm coming down off the soap-box now.

    :soapbox:
     
  2. Rammstein

    Rammstein New Member

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    People fear the unknown. From the dark of night to firearms to the internet and computers. The people writing our laws think that the internet is a series of tubes, so they have no idea about anything computer related.



    Now the important part:

    If you want to get into someone's account and you already have their password just run your connection through a proxy. Scrub your identifying information.

    Wanna download free songs from the internet? Get the songs in bits and pieces so no one song comes from one person. Then get transport encryption to mask the information so the ISP doesn't see the what it is you are downloading.

    I'll tell ya, I'm probably guilty of all of those, but the government would have one hell of a time proving it. Also, I highly doubt that they would tip their hand that there is certain high level encryption they are able to crack. So if they did crack it they are not going to tip their hand for a kid.

    They can create all the laws they want, but so long as you know how to be a ghost on the internet there is nothing they can do.
     

  3. blare

    blare New Member

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    Yall might want to give Tor a shot.

    Tor is something that has been being developed in the open source world. From what I gather it basically jumps your data transfers around other networks and computers. This stops anyone from knowing the exact source.

    http://tor.eff.org/
     
  4. Macktee

    Macktee New Member

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    I fully agree. Stupid laws, or at least, stupid penalities for violating them. But there are lots of stupid laws and stupid penalties on the books.

    Laws prohibiting concealed carry of weapons at "public gatherings" for instance...

    Laws that prohibit selling booze on Sunday...

    Laws that.... you get the idea.

    Why do we send someone to prison for posession of illegal drugs for a longer period of time than someone who committed a violent crime. And why are so many drug penalties of the "no parole" variety while truly violet crimes are not?

    Why do we have anti-drug laws at all? Something like 40% or 50% of the people currently in prison are there on drug charges. For women, the number is much higher.

    Just think of the money we'd save if we ended the war on drugs...

    Unless they're stealing to support their habit, most druggies hurt (physically, I'm not talking about what it does to their families) no one but themselves. Treatment and help kicking the habit has got to be cheaper than prison!

    Unfortunately, laws are created by politicians. I don't know how many of those people you know personally, but very damn few of the ones I've met could qualify to join MENSA...


    Very damn few indeed!!!




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  5. Rammstein

    Rammstein New Member

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    Don't forget Privoxy. ;)
     
  6. rajl

    rajl New Member

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    Tor + Privoxy + Bittorrent = untraceable downloads.

    But be nice and setup a Tor node in return. Bittorrent uses all available bandwidth, so if you're going to burden other people's traffic, please help them out a little in return. That and it adds a bunch of noise to the traffic coming from your machine, masking whatever you do even more. ;-)
     
  7. Rammstein

    Rammstein New Member

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    Plus, creating a Tor server will strengthen your own encryption. It's a win-win.

    My roommates can't use limewire b/c our isp blocks that port. I changed my bittorent port to some ridiculously high port number and I have no problems. I'd tell them to do the same, but that would be less bandwidth for me.
     
  8. blare

    blare New Member

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    I don't know if this true or not but Google is now going to make all searches anonymous. They used to store your IP and what you searched for in logs that probably would have been around forever. Google just gained some points in my book!
     
  9. Rammstein

    Rammstein New Member

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  10. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Bad Checks

    Okay, consider another felony. Bad checks. Technically it's called "Deposit Account Fraud." If you write a check that is dishonored for insufficient funds, and the person who took the check sends you a letter to the address that's pre-printed on the check (even if that's not your current address anymore) and you do not make the check good very soon afterward... it's a crime. Felony crime if the check is over $500. (Felony crime if the check came from an out-of-state bank in any dollar amount? I thought that was the law, but now I don't see it in the Code section, 16-9-20)

    Now I'm not saying that bouncing a rent check to your landlord is a good thing. It's a crime and it should be a crime. But should it be a FELONY? It's only a 3 year felony, but still, under what circumstances would 3 years in state prison be the right punishment for bouncing a $550 rent check that you don't have the money to make good within 10 days?

    And loss of all those civil rights, including a lifetime ban on guns and ammo? Is that what we, the citizens of Georgia, want? Apparently so, because that's the law as passed by our representatives in the state legislature.