AOH :: PT-1112.HTM

Not just in Canada: Laws criminalizing "hacking tools"

Not just in Canada: Laws criminalizing "hacking tools"
Not just in Canada: Laws criminalizing "hacking tools"



-------- Original Message --------
Subject: Hacking Tools: Digital Version of Ancient Analog Law
Date: Thu, 25 Aug 2005 15:15:09 -0400
From: Vicki Richman  
Reply-To: vicric@vicric.com 
Organization: http://vicric.com 
To: Declan McCullagh  
References: <430DF8FB.7010908@well.com> 

	Subject: [Politech] Details on Canada's new push on wiretaps, hacking 
tools [priv]
	Date: Thu, Aug 25, 2005 at 10:59:39AM -0600
Declan McCullagh (declan@well.com) writes: 

> Subject: UNLawful access
> Date: Wed, 24 Aug 2005 19:26:38 -0400
> From: Yasholomew Yashinski  
> To: yashy-hack@mail.yashy.com, declan@well.com 
> 
>  What exactly is a "Hacking tool"? Like a knife, gun, or hammer, almost
> all software tools can be used for good or evil.

South of the Canadian border, many states have had statutes
against possession of "burglar's tools," or devices that
could conceivably facilitate forcible entry into a locked
house or motor vehicle.

See, for example, New York state Penal Law 140.35:

http://www.nycourts.gov/cji/3-PenalLaw/140/140-35.pdf 

Or N.J.S.A. 2C:5-5b:

http://www.judiciary.state.nj.us/criminal/charges/burgtools2.pdf 

Or California Penal Code Section 466

http://caselaw.lp.findlaw.com/cacodes/pen/466-469.html 

Often dating back to before the Civil War, such laws have
attempted only to keep homeless drifters out of insular
suburban and rural communities and have been ignored in
urban centers. They have often been rendered moot by a
civil-libertarian defense or just by enlightened judges
refusing to enforce them.

Such tools are routine to the typical home-owning
middle-class, which has been unaware that laws against them
exist.

The Canadian statute outlawing "hacking tools" likewise seems
aimed only at a class of persons, not at a particular action
or event.

-- 
Vicki Richman
vicric@vicric.com 
http://vicric.com 

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