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Thread: a MUST read for MI resd.

  1. #1
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    a MUST read for MI resd.

    THE MICHIGAN PENAL CODE (EXCERPT)


    Act 328 of 1931


    ***** 750.540c.amended THIS AMENDED SECTION IS EFFECTIVE MARCH 31, 2003 *****

    750.540c.amended Prohibited conduct with regard to telecommunications access device; violation as felony; penalty; amateur radio service; forfeiture; order; definitions.
    Sec. 540c.

    (1) A person shall not assemble, develop, manufacture, possess, deliver, offer to deliver, or advertise an unlawful telecommunications access device or assemble, develop, manufacture, possess, deliver, offer to deliver, or advertise a telecommunications device intending to use those devices or to allow the devices to be used to do any of the following or knowing or having reason to know that the devices are intended to be used to do any of the following:

    (a) Obtain or attempt to obtain a telecommunications service with the intent to avoid or aid or abet or cause another person to avoid any lawful charge for the telecommunications service in violation of section 219a.

    (b) Conceal the existence or place of origin or destination of any telecommunications service.

    (c) To receive, disrupt, decrypt, transmit, retransmit, acquire, intercept, or facilitate the receipt, disruption, decryption, transmission, retransmission, acquisition, or interception of any telecommunications service without the express authority or actual consent of the telecommunications service provider.


    (2) A person shall not modify, alter, program, or reprogram a telecommunications access device for the purposes described in subsection (1).

    (3) A person shall not deliver, offer to deliver, or advertise plans, written instructions, or materials for the manufacture, assembly, or development of an unlawful telecommunications access device or for the manufacture, assembly, or development of a telecommunications access device that the person intends to be used or knows or has reason to know will be used or is likely to be used to violate subsection (1). As used in this subsection, “materials” includes any hardware, cables, tools, data, computer software, or other information or equipment used or intended for use in the manufacture, assembly, or development of an unlawful telecommunications access device or a telecommunications access device.

    (4) A person who violates subsection (1), (2), or (3) is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both. All fines shall be imposed for each unlawful telecommunications access device or telecommunications access device involved in the offense. Each unlawful telecommunications access device or telecommunications access device is considered a separate violation.

    (5) This section does not prohibit or restrict the possession of radio receivers or transceivers by licensees of the federal communications commission in the amateur radio service that are intended primarily or exclusively for use in the amateur radio service.

    (6) Any unlawful telecommunications access device involved in violation of this section is subject to forfeiture in the same manner as provided in sections 4701 to 4709 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709, and the court may order either of the following:

    (a) The unlawful telecommunications access device be destroyed or retained as provided under section 540d.

    (b) The unlawful telecommunications access device be returned to the telecommunications service provider if the device is owned or controlled by the provider or disposed of as provided under section 540d.


    (7) The court shall order a person convicted of violating subsection (1), (2), or (3) to make restitution in accordance with section 1a of the code of criminal procedure, 1927 PA 175, MCL 769.1a.

    (8) A violation of subsection (1), (2), or (3) is considered to have occurred at the place where the person manufactures, assembles, develops, or designs an unlawful telecommunications access device or telecommunications access device, or the places where the unlawful telecommunications access device or telecommunications access device is sold or delivered to another person.

    (9) As used in this section and sections 540d, 540f, and 540g:

    (a) “Deliver” means to actually or constructively sell, give, loan, lease, or otherwise transfer a telecommunications access device, unlawful telecommunications access device, and plans, written instructions, or materials concerning the devices to another person.

    (b) “Telecommunications access device” shall have the same meaning as in section 219a.

    (c) “Telecommunications service” shall have the same meaning as in section 219a.

    (d) “Telecommunications service provider” shall have the same meaning as in section 219a.

    (e) “Telecommunications system” shall have the same meaning as in section 219a.

    (f) “Unlawful telecommunications access device” shall have the same meaning as in section 219a.



    History: Add. 1966, Act 75, Eff. Mar. 10, 1967 ;--Am. 1982, Act 287, Imd. Eff. Oct. 7, 1982 ;--Am. 1984, Act 375, Eff. Mar. 29, 1985 ;--Am. 1996, Act 329, Eff. Apr. 1, 1997 ;--Am. 1996, Act 557, Eff. Mar. 31, 1997 ;--Am. 2002, Act 672, Eff. Mar. 31, 2003 .


    © 2003 Legislative Council, State of Michigan

    -----------------------------------------------
    Routers are banned, Encryption is banned... What about firewalls, are they banned?...
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  2. #2
    I got pie!!! Ammok's Avatar
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    yes, unless your are the RIAA.
    Life is a bowl of cherries

  3. #3
    Ultimate Member AllGamer's Avatar
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    that's simply so gay....

    how are people and offices suppose to share internet?

    geez, yet another cash cow for the ISP companies
    i7-3970X, Corsair H80, 32GB G.SKILL, ASUS RAMPAGE4 Formula, VG278H(3x27")+3D Vision2, EVGA GTX 690(x2), OCZ ZX1250W, 256GB Vertex4(x2), Seagate 3TB(x5), Antec LanBoyAir, Logitech G510, G600, Z560THX, T.Flight Hotas, PZ35, Sennheiser PC163D, TrackIR5

  4. #4
    Ultimate Member Rugor's Avatar
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    Cash cow for ISPs?

    For their sake I'd hope so. They're going to need the money to pay their own fines. How many routers do you think the average ISP has?

    In one fell swoop of UTTER stupidity they've rendered the entire Internet illegal.

    Sometimes I think it's a miracle politicians can get the right shoe on the right foot two days running.
    "Dude you're getting a Dell." Obscure curse from the early 21st Century, ascribed to a minor demon-spirit known as "Stephen?" [sp].

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    Ultimate Member Beeblequix's Avatar
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    *profanity* *profanity* *profanity* *profanity* *profanity* *profanity* *profanity* *profanity* *profanity* *profanity* *profanity* *profanity* *profanity* *profanity* *profanity* *profanity* *profanity* *profanity* *profanity* *profanity* *profanity* *profanity* *profanity* *profanity* *profanity* ...

    Fascists.
    "all animals are equal but some animals are more equal than others".
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    honestly, i think the people who passed this are probably aged and ignorant of what they have passed.

  7. #7
    Ultimate Member stix_kua's Avatar
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    Some laws were meant to be broken.

    That is obviously one of them.
    "I'm no technical supervisor, I'm a supervising technician."
    --Homer Simpson

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