[41431] in Cypherpunks
New PA law (????)
daemon@ATHENA.MIT.EDU (Tom Edwards)
Fri Oct 13 18:38:07 1995
Date: Fri, 13 Oct 1995 18:26:33 -0400 (EDT)
From: Tom Edwards <tedwards@access.digex.net>
To: cypherpunks@toad.com
[Can anyone provide more information on this? I am still looking for the=
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original source to confirm/deny this. Please pay special attention to=20
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 cert=
ain
things (like phreaking boxes) and it also makes it illegal to use an anonym=
ous
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.
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The General Assembly of the Commonwealth of Pennsylvania hereby enacts
as follows:
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Section 1. Sections 910 and 3926 of Title 18 of the Pennsylvania
Consolidated Statutes are amended to read:
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=A7 910. Manufacture, distribution or possession of devices for theft of
telecommunications services.
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(a) Offense defined.Any person commits an offense if he:
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(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:
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(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
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(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
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(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:
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(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
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(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.
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(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.
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(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. =A7
9721(c) (relating to sentencing generally).
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(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.
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(e) Definitions.As used in this section, the following words and
phrases shall have the meanings given to them in this subsection:
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"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.
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"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.
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"Telecommunication service." The meaning given to it in section 3926
(relating to theft of services).
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"Telecommunication service provider." The meanings given to it in
section 3926 (relating to theft of service).
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"Unlawful telecommunication device." The meaning given to it in
section 3926 (relating to theft of service).
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=A7 3926. Theft of services.
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(a) Acquisition of services.
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(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.
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(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.
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[(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.]
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(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 television receiving set at his dwelling
and, within his dwelling, makes 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.
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(4) Where compensation for service is ordinarily paid immediately upon
the rendering of such service, as in the case of hotels and
restaurants, refusal to pay or absconding without payment or offer to
pay gives rise to a presumption that the service was obtained by
deception as to intention to pay.
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(b) Diversion of services.A person is guilty of theft if, having
control over the disposition of services of others to which he is not
entitled, he knowingly diverts such services to his own benefit or to
the benefit of another not entitled thereto.
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(c) Grading.
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(1) An offense under this section constitutes a summary offense when
the value of the services obtained or diverted is less than $50.
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(2) When the value of the services obtained or diverted is $50 or
more, the grading of the offense shall be as established in section
3903 (relating to grading of theft offenses).
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(3) Amounts involved in theft of services committed pursuant to one
scheme or course of conduct, whether from the same person or several
persons, may be aggregated in determining the grade of the offense.
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(d) Inferences.
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(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.
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(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.
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(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).
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(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. =A7
9721(c) (relating to sentencing generally).
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(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.
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(h) Definitions.As used in this section, the following words and
phrases shall have the meanings given to them in this subsection:
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"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.
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"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.
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"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.
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"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.
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Section 2. This act shall take effect in 60 days.
