From: Steve Schear <schear@lvdi.net>
Date: Wed, 17 Dec 1997 09:54:07 +0800
To: stewarts@ix.netcom.com
Subject: Re: Radio Free Cypherpunks... (fwd)
In-Reply-To: <199712160540.XAA05167@einstein.ssz.com>
Message-ID: <v03102801b0bcc6a2ef84@[208.129.55.202]>
MIME-Version: 1.0
Content-Type: text/plain



>Back in the Depression, the FDR-bullied Supremes ruled that a farmer
>feeding his own grain to his own hogs was affecting interstate commerce
>(in violation of federal regs on grain production), because he would
>otherwise have been buying grain that might have come from another state.
>Similarly, the federal drug laws contend that there's federal jurisdiction
>over all drugs, because it's not practical to determine whether a given
>bunch of drugs was locally produced or transported across state lines,
>and that there should therefore be a presumption that it was for
>determination of jurisdiction (even marijuana plants still in the ground;
>presumably if you were to ding them for that in court, they'd respond with
>the concept that growing your own dope to smoke by yourself is supplanting
>dope you might have otherwise bought from another state.  Or they'd decide
>the local cops can confiscate your land instead.)

I believe this is the type of systemic constitutional abuse, fostered by SC's expansive interpretations, which Jim Bell was attempting to address via AP.

>
>At 11:40 PM 12/15/1997 -0600, Jim Choate wrote:
>>So, are you considering such a broadcast? What I envision is a
>>text-to-speech and/or a digital format.
>
>You can get FM transmitters for about $30 at Fry's.  Not very powerful,
>and probably less than a mile range, but it may have hack value,
>especially if there were lots of them.

These devices are low power, but must still meet FCC type approvals (e.g., Part 15).  I'm talking about confronting the FCC on the legality of their jurisdiction over non-type approved, intrastate manufactured and utilized devices.

--Steve


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