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Xtr-ChessReal
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Joined: 29 Aug 2004
Last Visit: 18 Apr 2010
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Location: Denver, CO

PostPosted: Thu Oct 07, 2004 11:37 pm    Post subject: LAW Reply with quote

Why dont we come up with the parameters that define a bill proposal to the congress that would get rid of all the crap we don't like on the internet. Meaning the malware, crapware. My new term I think I started using is X-Ware, sounds good when you say Anti-X-Ware. Here are some things I wrote down.

This is long and rough draft, I was brainstorming, some of it is vague and hard to interpret but I thought I would throw it out there to see if anyone is interested.

Definitions:

X-Ware:

A general term I am using to describe the many various forms of software that is used to harm, infect, track, restrict, spy, steal, manipulate, or otherwise use information from your PC that can leave the PC owner with a trail of havoc. Havoc being the many different steps the Owner must then take in order rebuild his/her PC-life, from the intended or non-intended damage that was unleashed upon them. As in many cases the X-ware is often installed or downloaded to the PC without the owners knowledge especially if the PC is set for automatic real time downloads. In many cases the knowledge is available to them but the PC owner must take extra steps aside during real time even if time is not available to determine the type, content, and intent of the download. Since many users are not only not expecting this download but did not ask for it, seek it, need it, nor want it. Examples of this then needs to be constructed for this audience to have a further understanding of the many techniques an X-ware designer may use to implant this insidious device to its target PC. An explanation of why some of these were developed in the beginning stages of internet growth and how it has become much more than its intended and initial form.

PC-life:

A term I am using to describe the life of the user/owner through the usage of the PC both on and off line. Once upon a time in the United States of America a person was able to live out thier entire life without ever being bugged or coming into contact with an outside commercial influence that was intended to target the person for the purposes of making either a direct sale or an indirect sale. I am speaking about advertisers, salesmen, product research consultants, marketing research consultants, demography etc. A person was not distracted by unecessary influences and could place full attention on themselves and family for a prosperous life and career. Change synnonomously with Time is constant in this universe and as such we are affected by it implicitly. However, Rights given to the people of the USA are not subject to this same rate of change. This is due to the fact that any change to the Bill of Rights and Constitution of the United States of America is subject to the scrutiny of the people by the people and for the people of the USA. This transparent slow rate of change is easily noticibale in a variety of examples. For instance, old obsolete laws aka blue laws written for specific intent at the time of their writing are no longer necessary and in many cases block the ability of new ideas to be placed on older processes, some of which are not even performed any longer. Specifically, a Bank is not allowed to be open for business on a Sunday because of farming, religeous, hunting, and many other practices during older and harder times. In anycase, PC-life is thought of as the life of the user/owner as they do banking, grocery, clothing, or whatever shopping the want or need of the user of the PC may wish to engage. By default this definition also states that other uses of the PC for which the user did not engage, wish to engage, or intend to engage is not acceptable to the user. A person who has been subjected to this unacceptable usage is a victim of Unconstitutional practices used by a variety of businesses and individuals for the purposes of gathering private information, commiting an electronic form of vandalism, leaving the PC in a disfigured state and in some cases the PC must be essentially rebuilt. There are many costs associated with this vandalism. The information gathered can be used to commit further unconstitutional acts upon the owner outside of his/her PC-life such as Identity theft, mail fraud, or outright theft and burglary.

The PC owned by the Owner should be considered a part of the Owner and subject to the same penalties of law and civil actions as would be acts committed upon the person. If a company can essentially become its own entity as a corporation then a PC can become an entity as a personation. Any act against this personation is an act upon the person. As is any act against any part of a corporation (including persons) is an act upon the corporation. However, the PC inside of a corporation, as assets to the corporation should be considered the property of the corporation as any other asset of the company. This is so that the Entity as the corporation can be protected by law and civil action as it is then the personation associated with the PC or PCs within the Corporation that have been victimized. In that case the corporation is left with all of the costs associated with rebuilding the PC and its PC-life, as well as any other thefts or crimes committed against the corporation. Thus all laws apply as before to the Instigater and the Victim. Any company or Individual in the business of developing these covert X-ware programs is considered to be engaging in Illegal practices. An exception would apply to those individuals and companies if all necessary and correct licenses have been applied and approved for the practice. Thus a system for license monitoring and dispensing is made for the case that new technologfies can be researched and practiced within the guidelines set in the SPY ACT, This ACT, and other Acts in the future for which there is no way to fully predict the needs of the future at this time period of the Act as passed. Thus a changing set of guidelines can also be practiced where the guidelines can be officially revised to include new ideas and regulations every two years. The guidelines are the only changing peice of this Act. The idea is to make it change with the times without having to enact a new bill to cover the new issues.

The Pc is mine, I do not lease it from a Mfr. or service provider and since all of my personal information can be placed on it then it should be protected, even given its own bill of rights or an amendment to the current bill of rights. Obviously this needs a lot of legal help but the idea, collective idea is possible. Perhaps we could get some legal volunteers to help with this.

Currently, there is a huge gap between the law makers and the technology makers. At best the current laws will be fill with many holes due to misunderstood technology and law writters, designers etc.

Thats it.

X->out
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wawadave
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PostPosted: Fri Oct 08, 2004 8:35 am    Post subject: Reply with quote

Quote:
Currently, there is a huge gap between the law makers and the technology makers. At best the current laws will be fill with many holes due to misunderstood technology and law writers, designers etc.


but i think mainly do to greased palm syndrome!
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