anonymous services

Eric plug-discuss@lists.PLUG.phoenix.az.us
Mon, 17 Sep 2001 19:15:35 -0800


Sorry for being off-topic here, but der.hans asked, so I'm answering.


> > It's case law, and you don't have that right to do it under all
> > circumstances.  Roughly, if you are planning to iminent harm to

> BTW, what's the diff between case law and congressional law? The supreme
> court can change its mind and throw it out without it having to be
> "unconstitutional"?

1.  		It's actually case law plus (binding) state  rules that govern
attorneys issued by the Arizona State Bar, Nebraska State bar, and so 		on.
My bad...

2.  	a.  	Congressional law comes forth in the manner of statutes such as
the 		DMCA and is always published in the United States Code ("USC").
Here's 		an example in the DMCA itself:

		"No person shall circumvent a technological measure that effectively
controls access to a work protected under this title." 17 USC 1201

	b.  	Congress also delegates authority to administrative agencies such as
the National Security Agency, the United States Copyright Office, and 		the
Environmental Protection Agency.  These agencies make 				"regulations."
The prohibition against tearing off mattress tags is a 		regulation.

	c.  	Case law interprets statutes, regulations, and also the US
constitution.  It does this because statutes and reguations cannot
possibly account for all fact situations that arise in this crazy 		place.
For any hackers out there, a good example of case law is the 		much maligned
Remeirdes v. US.  You can read about it here:
http://www.salon.com/tech/feature/2000/08/07/yoink_napster/index.html

Ok i'm out.