garabik-ne...@kassiopeia.juls.savba.sk wrote in
news:jrdmb6$grf$
1...@speranza.aioe.org:
> In rec.arts.sf.fandom Gutless Umbrella Carrying Sissy
> <
taus...@gmail.com> wrote:
>>
garabik-ne...@kassiopeia.juls.savba.sk wrote in
>> news:jrd8dn$bn4$
1...@speranza.aioe.org:
>>
>>>
>>> 1984ish is that it is *a criminal offence* if you break the
>>> laws in a petty, insignificant manner (if you cause no harm,
>>> intent no harm etc...).
>
> s/laws/rules/
> sorry, an honest typo
>
>>
>> So it'd be OK with you if I broke in to your house, and watched
>> your sleep, so long as I picked the lock instead of kicking in
>> the door? Really?
>
> Breaking into a someone else's house IS a serious criminal
> offence.
Only because the laws says so. The law also defines unauthorized
computer access, and running a program when the owner of the
equipment clearly has prohibited it qualifies.
>Picking-kicking, doesn't matter.
Just as Xnews/spambot doesn't matter.
>
> Walking over publicly owned lawn is not.
Unless it's posted to stay off.
> At worst, you are
> breaking municipality rules (if there are such) on keeping the
> environment.
Or you are trespassing, which is at least a low grade criminal
matter (a ticket, sure, usually, but still a criminal matter.)
>
>>
>> Civilized countries do not allow policemen to fine people. Only
>> courts can do that. And unless the fine is voluntary, it's a
>> criminal matter (in civilized countries), even if it's a minor
>> one.
>
> Have you ever been to the Europe?
No. I avoid police states. Tell me, do the policement collect the
fine on the spot? Or do their higher-ups get a cut, too?
> For minor traffic rules violations, policemen will fine you, and
> that's the end of it. You _can_ appeal to a court, if you feel
> the fine unjust, but it is far, far from criminal prosecution
> (especially if it is _you_ giving the motion).
If it's not optional to pay, it's a criminal matter.
> (for some violations, you can get bad points for your
> driving license, and DUI is indeed a criminal offence in most
> cases).
If you refuse to pay, will you eventually go to jail? If so, it' a
criminal matter, not matter what your lords and masters tell you.
>
> I imagine that in uncivilised countries, you could be even
> jailed _before being sentenced by a court_ for something as
> minor as not stopping at the stop sign.
No doubt. But in a civilized country, the police do not get to be
judge and jury, as well. It's called the Rule of Law. You should
try it sometime.
>
>>
>> What happens if the policeman tells you to get off the grass,
>> and you refuse? Does he just walk away, or does he handcuff you
>> and haul you off? How is that *not* a criminal matter?
>
> He asks for your identity card and writes you a ticket, which
> will then arrive to your postbox. And you'll have something like
> 30 days to pay. Now, if you refuse (e.g. you forgot it home) to
> show your identity card, he will (politely, uncuffed, unless you
> resist)
Which is to say, it _is_ a criminal matter. Even if your lords an
masters try to call it something else.
> take you to a police station to determine your identity.
> There is a law for that, you know... refusing to reveal your
> identity is a misdemeanor (I guess). You might be a foreign
> terr^Willegal immigrant, after all.
Yes, indeed, the phrase "papers, please" (preferably with a thick
German or Russian accent) is widely known as a euphamism for a
police state.
(Mind you, if you refuse to produce a driver's license when pulled
over in the US, you'll get arrested, as well. But we don't pretend
that's not a criminal matter. There's case law on it from the
Supreme Court, even. If you're not free to go, it's a criminal
matter, and the full Bill of Rights applies.)
>
>>>
>>> I've seen systems with more stupid limitations on one side and
>>> a gaping hole on the other side.
>>
>> And? If it's not your system, it's wrong to mess with it.
>
> Yes, I agree.
> But is each 'wrong' a criminal offence?
Only the ones defined by law as criminal offenses. And unauthorized
computer access is defined by law as a criminal offense.
> It is wrong to shout at your wife, but should you be handcuffed
> and hauled away for this? Yes, you probably think you should.
If it's defined as a criminal offense, then it's a criminal
offense. And if you think that "shouting at your wife" cannot,
under any circumstances, be worthy of criminal prosecution, then
you're either woefully naive, or a wife beater. Or, I suppose,
both.
>
>>> committing a criminal offence by making a deliberate,
>>> conscious act to do something that they _clearly_ have
>>> prohibited?
>>
>> Arguably, yes. If you use it to, say, stalk your ex-girlfriend,
>> it'll probably be prosecuted as such, too.
>>
>
> And if I don't? You are mixing two different things up.
Not in the least. Both are arguably criminal offenses that are
extremely unlikely to be prosecuted as such unless there is some
measurable harm beyond the act in question.
>
>>> (i.e.
>>> using the lift). And, if the locking mechanism happens to be
>>> operated by a microprocessor, is it an unauthorized computer
>>> access? Did I just publicly confess and will I be arrested at
>>> the border if I ever visit the USA? Oh my.
>>
>> Since you didn't commit a crime _in_ the US, why would you be
>> arrested if you visit the US?
>>>
>
> Remember Sklyarov?
Who was acquitted, much to the embarassment of the federal
prosecturos, mostly on the grounds that he hadn't done anything
illegal under US law *in* the US (and, in fact, what he did was
expliclitly legal in Russia at the time).
>
>>
>>> I do not care - their library,
>>> their rules, their user complaining about the policy. It is
>>> just a creepy thought that this is a *criminal* offence.
>>> Reminds me of some laws from the era of the Communist Party.
>>>
>> Then you wouldn't minnd at all, me visiting you in the middle
>> of the night, just to watch you sleep, eh? Cuz if you do, then,
>> by your own admission, you've a communist.
>
> I fail to follow your logic. Now you've made a complete shortcut
> from... I do not know where.. to... I do not know where.
>
Your inability to see simple comparisons between similiar scenarios
is your problem. If it's defined as a criminal offense, it's a
criminal offense. If you don't like the law, write your
congresscritter and demand they change it. Pretending the law says
something other than what it says makes you look stupid.
--
Terry Austin//