[linux-elitists] Fwd: [declan@well.com: FC: DOJ quietly drafts USA Patriot II, includes anti-crypto section]

Karsten M. Self kmself@ix.netcom.com
Sun Feb 9 09:32:51 PST 2003

on Sun, Feb 09, 2003 at 08:33:27AM -0500, Shawn McMahon (smcmahon@eiv.com) wrote:
> On Sun, Feb 09, 2003 at 01:01:31AM +0000, Karsten M. Self said:
> > 
> > And the three strikes laws have all been rapidly repealed for
> > imprisioning tens of thousands of check kiters and other nonviolent,
> > but felony, offenders.
> > 
> > Not.
> No, they haven't.  Are you confusing "not ENTIRELY bad for our side"
> with "perfect and exactly what we would have wanted?"

I'm arguing strongly against passing more bad laws which result in yet
another legal battlefield we've got to expend efforts on, such as:

  - DMCA.
  - UCITA.
  - Whatever the SSSCA or CBDTPA are being called at the moment.
  - The CTEA (Sony Bono Copyright Term Extension Act).
  - Broadening scope and falling quality of issued patents.

> I don't have a problem with three-strikes for violent felons; if you
> continue to prey on society, you need to stop being a part of society.
> If three juries, three judges, and three appeals processes all find
> you're a danger to society, I'm pretty satisfied you've had lots of
> due process AND opportunity to begin acting like a human being.  It's
> California that needs to be stopped, not the concept.

Then require all three strikes to be violent crimes.  There are simply
too many laws on the books to make felony offenses a reasonable metric
any more.  Illinois' former governer has determined that even violent
capital crimes can't be handled appropriately by the criminal justice
system, and has single-handedly wiped clean the state's death row as a
result.  A bit far afield of GNU/Linux and free software issues, but an
indication that the legal system in this country is far out of whack.
Correcting it by steering further in the wrong direction strikes me as
sloppy thinking at best.


Karsten M. Self <kmself@ix.netcom.com>        http://kmself.home.netcom.com/
 What Part of "Gestalt" don't you understand?
   Reading is a right, not a feature
     -- Kathryn Myronuk                           http://www.freesklyarov.org

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