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New PA law (????)



[Can anyone provide more information on this?  I am still looking for the 
original source to confirm/deny this.  Please pay special attention to 
anti-anon-mailer deals]

 ---------- Forwarded message ----------
This law was just passed and signed by the governor in PA.  If you look at it,
you'll notice that it makes it illegal to post instructions for making certain
things (like phreaking boxes) and it also makes it illegal to use an anonymous
remailer (conceal or assist another to conceal from any service provider).


   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
   Consolidated Statutes, further providing for manufacture, distribution
   or possession of devices for theft of telecommunications services.
   
   The General Assembly of the Commonwealth of Pennsylvania hereby enacts
   as follows:
   
   Section 1. Sections 910 and 3926 of Title 18 of the Pennsylvania
   Consolidated Statutes are amended to read:
   
    910. Manufacture, distribution or possession of devices for theft of
   telecommunications services.
   
   (a) Offense defined.Any person commits an offense if he:
   
   (1) [makes or possesses any instrument, apparatus, equipment or]
   makes, distributes, possesses, uses or assembles an unlawful
   telecommunication device or modifies, alters, programs or reprograms a
   telecommunication device designed, adapted or which can be used:
   
   (i) for commission of a theft of [telecommunications]telecommunication
   service or to acquire or facilitate the acquisition of
   telecommunication service without the consent of the telecommunication
   service provider; or
   
   (ii) to conceal or to assist another to conceal from any [supplier of
   telecommunications] telecommunicationservice provider or from any
   lawful authority the existence or place of origin or of destination of
   any telecommunication; or
   
   (2) sells, possesses, distributes, gives or otherwise transfers to
   another[,] or offers, promotes or advertises for sale [any instrument,
   apparatus, equipment or device described in paragraph (1) of this
   subsection,] any:
   
   (i) unlawful telecommunication device, or plans or instructions for
   making or assembling the same, under circumstances evidencing an
   intent to use or employ such [instrument, apparatus, equipment or]
   unlawful telecommunication device, or to allow the same to be used or
   employed for a purpose described in paragraph (1) [of this
   subsection], or knowing or having reason to believe that the same is
   intended to be so used, or that the aforesaid plans or instructions
   are intended to be used for making or assembling such [instrument,
   apparatus, equipment or device.] unlawful telecommunication device; or
   
   
   (ii) material, including hardware, cables, tools, data, computer
   software or other information or equipment, knowing that the purchaser
   or a third person intends to use the material in the manufacture of an
   unlawful telecommunication device.
   
   (b) Grading.An offense under this section is a [misdemeanor of the
   first] felony of the third degree if the person convicted of such
   offense has been previously convicted of any similar crime in this or
   any other state or Federal jurisdiction. Otherwise it is a misdemeanor
   of the [second] first degree.
   
   (c) Restitution.The court may, in addition to any other sentence
   authorized by law, sentence a person convicted of violating this
   section to make restitution under section 1106 (relating to
   restitution for injuries to person or property) or 42 Pa.C.S. 
   9721(c) (relating to sentencing generally).
   
   (d) Civil action.A telecommunication service provider aggrieved by a
   violation of this section may, in a civil action in any court of
   competent jurisdiction, obtain appropriate relief, including
   preliminary and other equitable or declaratory relief, compensatory
   and punitive damages, reasonable investigation expenses, costs of suit
   and attorney fees.
   
   (e) Definitions.As used in this section, the following words and
   phrases shall have the meanings given to them in this subsection:
   
   "Manufacture of an unlawful telecommunication device." To produce or
   assemble an unlawful telecommunication device or to modify, alter,
   program or reprogram a telecommunication device to be capable of
   acquiring or facilitating the acquisition of telecommunication service
   without the consent of the telecommunication service provider.
   
   "Telecommunication device." Any type of instrument, device, machine or
   equipment which is capable of transmitting or receiving telephonic,
   electronic or radio communications, or any part of such instrument,
   device, machine or equipment, or any computer circuit, computer chip,
   electronic mechanism or other component which is capable of
   facilitating the transmission or reception of telephonic, electronic
   or radio communications.
   
   "Telecommunication service." The meaning given to it in section 3926
   (relating to theft of services).
   
   "Telecommunication service provider." The meanings given to it in
   section 3926 (relating to theft of service).
   
   "Unlawful telecommunication device." The meaning given to it in
   section 3926 (relating to theft of service).
   
    3926. Theft of services.
   
   (a) Acquisition of services.
   
   (1) A person is guilty of theft if he intentionally obtains services
   for himself or for another which he knows are available only for
   compensation, by deception or threat, by altering or tampering with
   the public utility meter or measuring device by which such services
   are delivered or by causing or permitting such altering or tampering,
   by making or maintaining any unauthorized connection, whether
   physically, electrically or inductively, to a distribution or
   transmission line, by attaching or maintaining the attachment of any
   unauthorized device to any cable, wire or other component of an
   electric, telephone or cable television system or to a television
   receiving set connected to a cable television system, by making or
   maintaining any unauthorized modification or alteration to any device
   installed by a cable television system, or by false token or other
   trick or artifice to avoid payment for the service.
   
   (1.1) A person is guilty of theft if he intentionally obtains or
   attempts to obtain telecommunication service by the use of an unlawful
   telecommunication device or without the consent of the
   telecommunication service provider.
   
   [(2) As used in this section, the word "service" includes, but is not
   limited to, labor, professional service, transportation service, the
   supplying of hotel accommodations, restaurant services, entertainment,
   cable television service, the supplying of equipment for use, and the
   supplying of commodities of a public utility nature such as gas,
   electricity, steam and water, and telephone service. The term
   "unauthorized" means that payment of full compensation for service has
   been avoided, or has been sought to be avoided, without the consent of
   the supplier of the service.]
   
   (3) A person is not guilty of theft of cable television service under
   this section who subscribes to and receives service through an
   authorized connection of a From owner-cypherpunks  Fri Oct 13 15:22:25 1995
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	id PAA06683; Fri, 13 Oct 1995 15:21:53 -0700
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Date: Fri, 13 Oct 1995 15:21:00 -0700
To: [email protected] (cYberpUnc)
From: Bill Stewart <[email protected]>
Subject: Re: applications
Cc: [email protected]
Sender: [email protected]
Precedence: bulk

At 05:50 PM 10/13/95 -0400, you wrote:
>        I know this isnt what you guys generally talk about but I was curious.
>Off the top of your head do you know of any sites where I can get kracking
>apps for macs?  Any information would be greatly appreciated.

There are several fine tool companies on the Web who can sell you large hammers.
Check with Yahoo for locations.
#---
#                                       Thanks;  Bill
# Bill Stewart, Freelance Information Architect, [email protected]
# Phone +1-510-247-0664 Pager/Voicemail 1-408-787-1281
#---


 the same person or several
   persons, may be aggregated in determining the grade of the offense.
   
   (d) Inferences.
   
   (1) Any person having possession of or access to the location of a
   public utility meter or service measuring device which has been
   avoided or tampered with so as to inhibit or prevent the accurate
   measurement of utility service and who enjoys the use of or receives
   the benefit from the public utility service intended to be metered or
   measured by the public utility meter or measuring device so avoided or
   tampered with may be reasonably inferred to have acted to avoid or
   tamper with the public utility meter or measuring device with the
   intent to obtain the public utility service without making full
   compensation therefor.
   
   (2) Any person having possession of or access to the location of the
   distribution or transmission lines or other facilities of a cable
   television system which have been tapped, altered or tampered with or
   to which any unauthorized connection has been made or to which any
   unauthorized device has been attached or any person having possession
   of or access to any device installed by a cable television system to
   which an unauthorized modification or alteration has been made, the
   result of which tapping, altering, tampering, connection, attachment
   or modification is to avoid payment for all or any part of the cable
   television service for which payment is normally required, and who
   enjoys the use of or receives the benefit from the cable television
   service, may be reasonably inferred to have acted to have tapped,
   altered, tampered with, connected or attached to or modified cable
   television facilities with the intent to obtain cable television
   service without making full compensation therefor. This inference
   shall not apply to the act of a subscriber to cable television
   service, who receives service through an authorized connection of a
   television receiving set at his dwelling, in making, within his
   dwelling, an unauthorized connection of an additional television
   receiving set or sets or audio system which receives only basic cable
   television service obtained through such authorized connection.
   
   (e) Sale or transfer of device or plan intended for acquisition or
   diversion.A person is guilty of a misdemeanor of the third degree if
   he sells, gives or otherwise transfers to others or offers, advertises
   or exposes for sale to others, any device, kit, plan or other
   instructional procedure for the making of such device or a printed
   circuit, under circumstances indicating his having knowledge or reason
   to believe that such device, kit, plan or instructional procedure is
   intended for use by such others for the acquisition or diversion of
   services as set forth in subsections (a) and (b).
   
   (f) Restitution.The court may, in addition to any other sentence
   authorized by law, sentence a person convicted of violating this
   section to make restitution under section 1106 (relating to
   restitution for injuries to person or property) or 42 Pa.C.S. 
   9721(c) (relating to sentencing generally).
   
   (g) Civil action.A telecommunication service provider aggrieved by a
   violation of this section may, in a civil action in any court of
   competent jurisdiction, obtain appropriate relief, including
   preliminary and other equitable or declaratory relief, compensatory
   and punitive damages, reasonable investigation expenses, costs of suit
   and attorney fees.
   
   (h) Definitions.As used in this section, the following words and
   phrases shall have the meanings given to them in this subsection:
   
   "Service." Includes, but is not limited to, labor, professional
   service, transportation service, the supplying of hotel
   accommodations, restaurant services, entertainment, cable television
   service, the supplying of equipment for use, and the supplying of
   commodities of a public utility nature such as gas, electricity, steam
   and water, and telephone or telecommunication service. The term
   "unauthorized" means that payment of full compensation for service has
   been avoided, or has been sought to be avoided, without the consent of
   the supplier of the service.
   
   "Telephone service" or "telecommunication service." Includes, but is
   not limited to, any service provided for a charge or compensation to
   facilitate the origination, transmission, emission or reception of
   signs, signals, data, writings, images and sounds or intelligence of
   any nature by telephone, including cellular telephones, wire, radio,
   electromagnetic, photoelectronic or photooptical system.
   
   "Telecommunication service provider." A person or entity providing
   telecommunication service, including, but not limited to, a cellular,
   paging or other wireless communications company or other person or
   entity which, for a fee, supplies the facility, cell site, mobile
   telephone switching office or other equipment or telecommunication
   service.
   
   "Unlawful telecommunication device." Any electronic serial number,
   mobile identification number, personal identification number or any
   telecommunication device that is capable, or has been altered,
   modified, programmed or reprogrammed alone or in conjunction with
   another access device or other equipment so as to be capable, of
   acquiring or facilitating the acquisition of a telecommunication
   service without the consent of the telecommunication service provider.
   The term includes, but is not limited to, phones altered to obtain
   service without the consent of the telecommunication service provider,
   tumbler phones, counterfeit or clone phones, tumbler microchips,
   counterfeit or clone microchips, scanning receivers of wireless
   telecommunication service of a telecommunication service provider and
   other instruments capable of disguising their identity or location or
   of gaining access to a communications system operated by a
   telecommunication service provider.
   
   Section 2. This act shall take effect in 60 days.