From: "Peter Trei" <trei@process.com>
Date: Thu, 31 Jul 1997 22:21:02 +0800
To: cypherpunks@toad.com
Subject: Re: Rep. White introduces Internet Protection Act
Message-ID: <199707311411.HAA18283@toad.com>
MIME-Version: 1.0
Content-Type: text/plain



Declan writes:
 
> This is important. After all, the FCC's charter gives
> it jurisdiction over all electronic communications --
                           ^^^^^^^^^^
> though the commission has opted not to exercise its
> authority in cyberspace.

Here's a fun little thought experiment:

Considering the hairsplitting that takes place everyday
in courtrooms these days, an arguement could be made that
since virtually the entire net these days is optical fiber,
there are no 'electronic' communications taking place.

Does the FCC charter mention photonic communications as 
well? At what point does the charter allow them to 
interfere? Here's some steps on the way...


* A mime, 'working' outdoors in daylight.

The communication is entirely by photons, and the light
source is non-electronic. (I know that many people
would like to see mimes suppressed for the good of 
humanity, but bear with me).

* A mime, working by electric light.

Does the fact that electricity is involved in
creating the light make the communication 
'electronic'? I don't think so. (IANAL) It (the
mime) is certainly modulating the (electronically
generated) light, just as an optical transducer
does.

* A mime, illuminated by an electric
light, and viewed through a fiberscope.

There's certainly no new 'electronic' components
introduced at this step, so sending modulated, 
electronically generated, photonic messages 
through an optical fiber would not seem to 
constitute an 'electronic' communication.

* A mime performing inside a sealed box, 
illuminated by electric light and viewed 
through a fiberscope.

Once again, no new 'electronic' components have
been added. 

* The mime, finally realising that the box is 
airtight and unopenable (I told you to bear
with me :-), signals for help by sending Morse 
code down the fiberscope with a flashlight.

The other end of the fiberscope enters a similar
box, where another mime flashes back "Great
'walking against the wind' technique, but I can't
help - my box is sealed too."

Is this an electronic communication?

This is getting pretty close to the situation of
two computers connected by fiber optics - the 
communication mode is even digital. The boxes are 
silent, consume electric power, and communicate
via optical fiber. I don't think the FCC's 
jurisdiction extends inside the boxes, where all 
the 'electronic' portions of the system reside.

Just some idle speculation...


Peter Trei
trei@process.com