From: ghio@cmu.edu (Matthew Ghio)
Date: Sun, 15 Oct 95 10:31:08 PDT
To: cypherpunks@toad.com
Subject: Re: Yes, indeed the PA law is for real!
In-Reply-To: <Pine.SUN.3.91.951013183116.11492A@access5.digex.net>
Message-ID: <m0t4U4H-00134sC@myriad>
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Rick Busdiecker (rfb@lehman.com) wrote:
> I'm guessing that you're referring to this part of the law:

>   (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:
    . . .
>   (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

Well, given that I haven't seen any Bell employees rushing to tear out
payphones, I suspect that if it ever went to court, they'd have to show
intent to commit or assist fraud.  Since anonymous remailers (and
payphones, prepaid calling cards, etc) have legitimate uses, they can't
prove you were intending to assist crime by providing those services.
There's also the ECPA protections...