The Internet Virus--A Commentary

[Ed Schwalenberg]

    Date:     Sat, 19 Nov 88 13:22:58 EST
    From:     "Dennis G. Rears (FSAC)" <drears at ardec.arpa>

	 NO! NO! NO!.  There is no law against circumventing security.

The Electronic Communication and Privacy Act of 1986 (ECPA) is such a law.

      I don't believe so.  If you get the signal over the airwaves (antenna or
    satellite reciever) that is legal.

The ECPA supersedes the Communications Act of 1934 in this area.  It prohibits
the unauthorized reception of certain classes of radio transmission, particularly
cellular telephone and encoded broadcasts like HBO.  It specifically prohibits
any ATTEMPT to decrypt encrypted communications.

    A ruling by the Supreme Court states the airwaves belong to the public.

I know of no such ruling.  If you can give a reference, please do so.

I don't think the ECPA is a great law.  I wish it was plainly unconstitutional,
but it's not.  There is no constitutionally-protected right to receive, demodulate,
or decode radio transmissions, nor is there a right to make them.  If you think
there ought to be such rights in some form, you should lobby your Congressmen
and state legislators with your opinions, and get them enacted into laws or
constitutional amendments.  But the LAW as it currently stands is pretty much
that the airwaves belong to the government and the government can and does
restrict who may transmit what information using what methods, who may
receive what information and how, and who may build, own, buy, sell or repair
radio transmitters and receivers.  The fact that the US Government has in the
past been very liberal (compared to most governments) in its restrictions cannot
be taken as creating rights for the citizens.