The State of Georgia will be having a meeting on passing it's version of a State Super DMCA. This is the same law that was already passed by 11 States with more passing everyday.
Here is the exact wording of the Georgia Super DMCA.
Georgia State Super DMCA Law
It supercedes the Law that the State used to go after me. If you think that Law was insane this new super sized version makes the old version look like a pansy.
"The court may order injunctive relief without requiring proof that the plaintiff lacks an adequate remedy at law and has suffered or will suffer actual damages or irreparable harm."
This Law says in Black and White the Plaintiff does not require any proof whatosoever to seize the Computer and assets of anyone they claim is violating this Law. In other words never mind "Guilty until proven Innocent". The word proven has been stricken out, it is you are just guilty if someone feels like you are.
Also you can forget about getting your Computer back, it will be destroyed by the Prosecution or given to the Telephone Company or ISP.
"Upon the conviction of any person for a violation of any provisions of Code Section 46-5-2 or 46-5-3, such instrument, apparatus, equipment, device, plan, or instruction shall be either destroyed as contraband by the sheriff of the county in which such person was convicted or turned given over to the telephone company or telecommunication communication service provider in whose territory service area such instrument, apparatus, equipment, device, plan, or instruction was seized."
I realize there may not be much if anything we can do to stop these Non-Technology Knowledged people from passing Laws they are pressured into passing but there should at least bwe someone or a Committee in place that Reviews or Consults with any Prosecutorial interests and has the power to stop these people from embarking down a path they should not be going down.
In my case there was a Professor from the University of Georgia that contributed to the wording of the Statute and Policies of the State of Georgia sent an E-mail to the Attorney General stating to him he did not feel my case was a case they should be using as a criminal case and they went ahead anyway ignoring the people that gave them the document from which they were moving forward on.
On a Federal Level there is the Position of Chief Technologist to the President. At the time of my case that individual came to my aid and did all he could from the Federal level. There needs to be a person with that authority in every State. I'm not one that promotes too much Government but when people's live's are at stake then it is a neccessary extra burden. The State wasted over 18 months of Georgia Taxpayer money on something they admittedly never fully learned all about in all that time yet still went forward on prosecutuing. At least if a Review process is put in place maybe such waste can be prevented in the future.
This is what I will be saying today before the Georgia Legislature.
David
http://www.interz0ne.com/information/con_schedule/
First time talking in public about what happened. Just myself this Sunday, in September Donna and David Joyner will join me for a couple of conferences at DragonCon in Atlanta in September.
Update: 4-14-2003
Hi everybody,
Well it was my first and maybe last Convention I will speak at. It is possible that no one will ever speak at a Convention ever again, at least in the United States. The Government (Dekalb County on behalf of the Federal Government) served the Operator of the Convention a Cease and Desist Order. It is a shift from shooting the message to shooting the messenger. It is like going after Georgia Pacific for making paper that people write things on.
Yes, I said Hello to attending Government people too. I will post info about the 1 Hr Tape when it becomes available, turns out I knew one of the guys on the Video Crew from my old Hayes Modems days, he used to work with the Marketing Dept folks.
Here are links to what happened:
Interz0ne II Cease and Desist Order
Interz0ne II Cease and Desist Order
Schedule of when David spoke
Schedule of when David spoke
About 200 people attended this Convention.
PS - Also just a thought, I feel there should be a Law and Polictics Forum after the War in Iraq is declared over as more of more of these issues affect the Computer and Internet Online Community. Very soon Forums such as this will be the next target by the Government to be served a cease and desist order and declared as illegal.
Here is the exact wording of the Georgia Super DMCA.
Georgia State Super DMCA Law
It supercedes the Law that the State used to go after me. If you think that Law was insane this new super sized version makes the old version look like a pansy.
"The court may order injunctive relief without requiring proof that the plaintiff lacks an adequate remedy at law and has suffered or will suffer actual damages or irreparable harm."
This Law says in Black and White the Plaintiff does not require any proof whatosoever to seize the Computer and assets of anyone they claim is violating this Law. In other words never mind "Guilty until proven Innocent". The word proven has been stricken out, it is you are just guilty if someone feels like you are.
Also you can forget about getting your Computer back, it will be destroyed by the Prosecution or given to the Telephone Company or ISP.
"Upon the conviction of any person for a violation of any provisions of Code Section 46-5-2 or 46-5-3, such instrument, apparatus, equipment, device, plan, or instruction shall be either destroyed as contraband by the sheriff of the county in which such person was convicted or turned given over to the telephone company or telecommunication communication service provider in whose territory service area such instrument, apparatus, equipment, device, plan, or instruction was seized."
I realize there may not be much if anything we can do to stop these Non-Technology Knowledged people from passing Laws they are pressured into passing but there should at least bwe someone or a Committee in place that Reviews or Consults with any Prosecutorial interests and has the power to stop these people from embarking down a path they should not be going down.
In my case there was a Professor from the University of Georgia that contributed to the wording of the Statute and Policies of the State of Georgia sent an E-mail to the Attorney General stating to him he did not feel my case was a case they should be using as a criminal case and they went ahead anyway ignoring the people that gave them the document from which they were moving forward on.
On a Federal Level there is the Position of Chief Technologist to the President. At the time of my case that individual came to my aid and did all he could from the Federal level. There needs to be a person with that authority in every State. I'm not one that promotes too much Government but when people's live's are at stake then it is a neccessary extra burden. The State wasted over 18 months of Georgia Taxpayer money on something they admittedly never fully learned all about in all that time yet still went forward on prosecutuing. At least if a Review process is put in place maybe such waste can be prevented in the future.
This is what I will be saying today before the Georgia Legislature.
David
http://www.interz0ne.com/information/con_schedule/
First time talking in public about what happened. Just myself this Sunday, in September Donna and David Joyner will join me for a couple of conferences at DragonCon in Atlanta in September.
Update: 4-14-2003
Hi everybody,
Well it was my first and maybe last Convention I will speak at. It is possible that no one will ever speak at a Convention ever again, at least in the United States. The Government (Dekalb County on behalf of the Federal Government) served the Operator of the Convention a Cease and Desist Order. It is a shift from shooting the message to shooting the messenger. It is like going after Georgia Pacific for making paper that people write things on.
Yes, I said Hello to attending Government people too. I will post info about the 1 Hr Tape when it becomes available, turns out I knew one of the guys on the Video Crew from my old Hayes Modems days, he used to work with the Marketing Dept folks.
Here are links to what happened:
Interz0ne II Cease and Desist Order
Interz0ne II Cease and Desist Order
Schedule of when David spoke
Schedule of when David spoke
About 200 people attended this Convention.
PS - Also just a thought, I feel there should be a Law and Polictics Forum after the War in Iraq is declared over as more of more of these issues affect the Computer and Internet Online Community. Very soon Forums such as this will be the next target by the Government to be served a cease and desist order and declared as illegal.
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