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Conservapedia talk:Commandments (view source)
Revision as of 03:02, March 1, 2009
, 03:02, March 1, 2009→Comments Section: My comments and analysis.
::::: Umlaut, your statement that started this thread remains nonsensical, and you still haven't corrected it. "Playing dumb" is not as entertaining as you may think. Read the statute, study it, and correct your prior statement if you want to discuss further.--[[User:Aschlafly|Andy Schlafly]] 16:07, 28 February 2009 (EST)
::::: Umlaut, your statement that started this thread remains nonsensical, and you still haven't corrected it. "Playing dumb" is not as entertaining as you may think. Read the statute, study it, and correct your prior statement if you want to discuss further.--[[User:Aschlafly|Andy Schlafly]] 16:07, 28 February 2009 (EST)
I agree with Ed Poor: It's written in legalese which makes it hard for us non-lawyer types to follow.
But thanks to Andy for providing a link, so I've now reach much of it for myself. You could, Andy, also help our understanding by pointing out which parts are applicable here. This is what I found:
* Section (a) lists the offenses.
* Section (b) says that the punishments in section (c) will apply.
* Section (c) lists the punishments
* Section (d) refers to government investigative agencies' powers.
* Section (e) defines terms
* Section (f) allows legal investigations
* Section (g) says that civil actions can still apply.
* Section (h) says that investigations are to be reported to Congress.
So the relevant parts seem to be section (a), the offences, section (c) the punishments, and section (e) for defining terms.
Section (a) is broken up as follows:
* Subsection (1) applies to national defence and the like.
* Subsection (2) applies to financial institutions, government department, or "conduct involved in an interstate or foreign communication".
* Subsection (3) applies to government departments and agencies.
* Subsection (4) applies to knowing intent to defraud.
* Subsection (5) applies to protected computers where certain actions are carried out.
* Subsection (6) applies to trafficking of passwords and the like.
* Subsection (7) applies to extortion of money or other things of value.
Of these, only (4) and (5) seem like that might be applicable.
Subsection (4), however, doesn't apply if the person doesn't obtain anything of value, or the thing obtained is use of the computer and such use is not more than $5,000 worth in any one-year period. So this doesn't seem to apply in Conservapedia's case, at least not for any vandalism that has occurred so far or is likely to occur.
Subsection (5) is where it became less clear to me, at least initially. It is divided into two sub-sub-sections. The first (A) specifies what is done and the second (B) specifies what the result is.
Sub-sub-section (A), in three different ways, basically says that the law is applicable if someone knowingly/intentionally causes "damage" to a "protected" computer.
However, according to section (e), a "protected" computer is one used by or for a financial institution or the government or one that is used on interstate or foreign commerce or communication.
Because I can't see how Conservapedia can claim to be a "protected" computer according to section (e), subsection (5) appears to also be inapplicable, in which case, no section of this statute seems applicable.
Now, because of the legalese, perhaps I've missed something, in which case I invite Andy to point out what I've understood incorrectly or to point out which section(s), subsection(s), and sub-sub-section(s) are applicable.
[[User:Philip J. Rayment|Philip J. Rayment]] 22:02, 28 February 2009 (EST)