brian@sdcc3.UUCP (Brian Kantor) (02/28/85)
This was passed to me; I am passing it to the net for general
consumption. Please! If you support it, remember that a letter to your
legislator will have much more effect then a note on the net.
Brian Kantor UC San Diego
decvax\ brian@ucsd.arpa
akgua >--- sdcsvax --- brian
ucbvax/ Kantor@Nosc
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Date: Fri Feb 08, 1985 8:43 am PST
From: Robert Jacobson / MCI ID: 224-4013
Subject: Constitutional Amendment on Telecomputing
Please spread the word on the following Assembly
Constitutional Amendment introduced in the California
Legislature last week. We need ALL the support we can
muster! The opposition may try to paint this as a
"pro-hacker" bill, although our intention is actually
to encourage the growth and development of the electronic
commerce industry in California, a top priority.
Call me for details.
BOB JACOBSON
Principal Consultant
Assembly Utilities and Commerce Committee
State Capitol, Room 2117
Sacramento, CA 95814 * (916) 445-8800
***XXX*** = new text [XXX] = deleted text
============================================
ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 9
Introduced by Assembly Member Moore
January 30, 1985
ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 9--A resolution
to propose to the people of the State of California an
amendment to the Constitution of the State, by amending
subdivision (a) of Section 2 and Section 13 of Article I
thereof, relating to electronic communications.
LEGISLATIVE COUNSEL'S DIGEST
ACA 9, as introduced. Moore. Electronic
communications: information systems and data bases.
The California Constitution guarantees the freedom
to speak, write, and publish on all subjects and prohibits
abridgment of the liberty of speech or press.
This measure would guarantee the right to electronically
communicate on all subjects, and would provide that a law
may not restrain or abridge liberty of electronic
communication.
The California Constitution also guarantees the right
of the people to be secure in their persons, houses, papers,
and effects against unreasonable seizures and searches. A
warrant may not issue unless, among other things, it
particularly describes the place to be searched.
This measure would extend the search and seizure
guarantees to electronic information systems and data bases,
as defined, and provide in this regard that in order for a
warrant to be issued, the electronic information system and
data base be particularly described.
Vote: 2/3. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
RESOLVED BY THE ASSEMBLY, THE SENATE CONCURRING, That
the Legislature of the State of California at its 1985-86
Regular Session commencing on the third day of December 1984,
two-thirds of the members elected to each of the two houses
of the Legislature voting therefor, hereby proposes to the
people of the State of California that the Constitution of
the State be amended as follows:
First--That subdivision (a) of Section 2 of Article I
thereof is amended to read:
SEC. 2 (a) Every person may freely speak, write [and],
publish, ***or electronically communicate*** his or her
sentiments on all subjects, being responsible for the abuse
of this right. A law may not restrain or abridge liberty
of speech [or], press, ***or electronic communication.***
Second--That Section 13 of Article I thereof is amended
to read:
SEC. 13. The right of the people to be secure in their
persons, houses, papers, [and] effects, ***and electronic
information systems and data bases*** against unreasonable
seizures and searches may not be violated; and a warrant
may not issue except on probable cause, supported by oath
or affirmation, particularly describing the place ***or
electronic information system and data base*** to be searched
and the persons and things to be seized.
***An electronic information system is any combination of
telecommunication and data-processing devices and procedures
used for the collection, manipulation, and distribution of
information. A data base is the information organized and
maintained within an electronic information system.***
(This bill must first be passed by 2/3's of both houses,
then receive an affirmative vote of voters in a general
election.)brad@looking.UUCP (Brad Templeton) (03/02/85)
Will this law change much, in particular wrt cases like Mog-ur. It's saying that an electronic communication system is little different from a printing system, and that the same rights and restrictions apply. Magazines aren't allowed to solicit and print phone credit numbers from anonymous sources. The same rules will now surely apply to a BBS. Privately owned data systems will be allowed to censor, control and limit the data transferred through them as much as desired, in the same way that magazines need only print what they agree with in the letters column if they like. If anything, this makes running an underground BBS even more illegal. LA's case against MOG-UR was not BBS related. If a magazine existed that printed anything submitted by any anonymous submitter, and those submitters posted illegal things like credit card #s and libel, you can bet the magazine would be sued. The other provisions in the law are excellent, in that they limit the power of government. But don't think this protects a BBS. -- Brad Templeton, Looking Glass Software Ltd. - Waterloo, Ontario 519/884-7473