nanog mailing list archives

Re: Collocation Access


From: Joseph S D Yao <jsdy () center osis gov>
Date: Fri, 27 Oct 2006 22:11:03 -0400


On Tue, Oct 24, 2006 at 05:38:05PM -0700, David Schwartz wrote:
...
I am way too familiar with several cases where people were charged and
convicted with violating obscure laws clearly intended for another purpose
just for doing their jobs in a normal, reasonable way. Intel v. Schwartz (no
relation) is a great example.

http://www.eff.org/legal/cases/Intel_v_Schwartz/schwartz_case.intro

It's quite possible (even likely, IMO) that when Florida makes it illegal to
lend your driver's license to any other person, it actually means precisely
that.
...


Ah, THAT is what you meant by your obscure reference to IvS.  Merely
that lawyers can twist anything to mean anything.  Well, yes, that's
what they get paid to do.

Another facet of that, though, is that one needs to ask a lawyer to make
sure what a law might mean [deliberate phrasing, that won't say what it
DOES mean, that's the judge's job, and it might and will differ from the
lawyer's interpretation in different ways depending on which judge and
when].  It depends on precedent, including what judges declared they
meant every other time they used the same phrasing.  So it's a waste of
bits for us to declare what it DOES mean, unless one of us is the judge
in a case deciding this, in which case it's merely illegal or ill-
advised, depending on other circumstances.  [This is why Microsoft is
still one company.]

-- 
Joe Yao
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