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| Tommaso Tozzi on Thu, 23 Nov 95 20:00 MET |
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| Strano Network text |
Hi!
Here you can find an abstract of text that we realized and read to Metaforum
II meeting in Budapest.
bye
Tommaso Tozzi for Strano Network
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C. Legal issues
A legislation Made-in-Italy: a situation in motion...
Up to the 90's, the Italian legislation did not have any laws covering the
right to communicate by means of teleinformatcs
tools.
A never applied rule concerning the protection of the health of Public
Administration's work force and a law enacted
during the emergency period of 70's and providing severe sentences for
people damaging automated devices of the
Italian State are the only legislative initiatives carried out in Italy
before the well known Legislative Decree on Software
Protection and the Conso Law on Computer Crimes.
Just before these two important legislative initiatives, the Italian
magistratesinvolved in suppressing computer crimes (or
cyber rights in some cases...) took advantage of old Italian laws such as
the copyright protection rules provided in the
1941 or the criminal code concerning wire-tapping.
In the 90's, the Italian ruling class understand the economic importance of
information technology and, a s a result, in
1992 the Italian Parliament sow the birth of the Legislative Decree on
Software Copyright Protection while 1993 sow the
enactment of the Conso Law on Computer Crimes.
The Legislative Decree on Software Copyright Protection provide severe
sentences, including criminal sanctions, for
anyone involved in copying software products protected by copyright measures
with the aim to make profit for
her/himself. This Legislative Decree does not take into consideration those
software product making part of the
Freeware, Public Domain and Shareware kind supposing to classify, and
consequently to protect, only the industrial
products. The way this Legilsative Decree has been interpreted is another
important contradictory aspect to be faced.
According to many italian magistrates and lawmakers, having a software
product without having bought it is to be
considered a profit action and, as a consequence, also those people or
public bodies that use a software product for no-
profit goals such as educational courses must buy all the software products
they need. Otherwise, they will be soon
persecuted. In this way, thousands of research institutes and schools have
not been able to carry out their public
educational or institutional projects, while many others have spent most of
their economic sources in buying software
products.
The Conso Law provides severe sanctions for those involved in computer
crimes such as spreading computer viruses,
cracking automated security systems, hacking password and protected data.
The Conso Law may be applied only for
those criminal activities that has the end to make profit for someone or to
make damages to someone else.
The Legislative Decree on Software Copyright Protection and the Conso Law
has been recently applied to persecute
hundreds of no-profit Italian Bulletin Board Systems and telematics networks
(such as Fidonet and PeaceLink). This
huge repressive initiative internationally known as The Italian Crackdown
has been a great flop as no computer
criminals have been found but, on the other hand, many young people and
several no-profit organisations involved in
social and humanitarian activities have been damaged both in their private
and public life.
In the meantime, the same ruling class is involved in designing other
legislative texts concerning the anti-trust on tlc
market, the personal data protection and the management of no-profit
teleinformatics networks.
How these future legislative initiatives will infringe or not the civil
rights of Italian citizens involved in communicating by
means of teleinformatics systems is a question we are going to answer in the
next future.
1. Ethical principles.
All should be given access to the global communication.
Nets shouldn't be owned by either private or public monopoly and oligopoly.
Nets management should be checked and approved by users.
Global links should be encouraged. A global atlas of all servers should be
created and kept updated. Every server
should be required to give access to the global atlas, thus to any other
server.
Privacy ought be protected
Anonymous users should be permitted
Criptography should be permitted
Sysops shouldn't be held responsable for message content.
Regulations shouldn't be decided by owners. They should discussed and
enacted by the community of users.
Access to information ought be considered a universal right.
All should have interactive access to the Net.
People should be permitted to copy software, if for no-profit reasons.
Selective access should be forbidden.
Censorship should be outlawed
Protocols should be agreed by users. They shouldn't be owned or imposed by
private companies
Hardware costs should be kept low.
Governments should provide a national-wide cable networks , as to give every
citizen a low cost possibility to realize a
web server at home.
New tecnologies effects on the job market should be balanced by a
generalized reduction of hours of work at the same
real salary.
Privacy on the new work places should be protected
Trade unions activities and workers solidariety should be encouraged and
protected, even among workmen who are
not working at the same location.
How to move the situation in the right direction and in the direction of
cyber rights !
Waiting for the next future we have been involved in the last years to
counteract the effect of the Italian Crackdown
and to create a social, cultural and political movement able to defend the
cyber rights of Italian citizens.
In the february of 1995 we carried out a national meeting of no-profit BBS
at the Pecci's Museum of Prato.
A few months later, we get involved in a national debate about the design of
a bill whose aim is the management and
organization of no-profit BBS. Outlining how the best environment for the
activity of a BBS is an envirionment free
from limits of every kind, even of legal limits, we partecipate at this
debate as we are sure that a bill concerning this item
is unaivodable and so, it is important that this kind of bill should be
designed by someone that cares about civil rights
rather than from fascist or authoritarian political forces.
As a result, a bill designed by left-wing politicians is now to be put at
the attention of the Italian Parlaiment. This bill
provides several articles relating a possible public use of freeware,
shareware and also old commercial software
products for social purposes. Some, few, rules concerning the life of a
no-profit BBS which are the only that can be
accetped by BBS nowdays as they state the right to communicate of no-profit
networks (without taxes, controls or limits)
whose only duties are a self-management rule to adopt and a generical
committment to collaborate with the judicial
administration in the case of an investigation for computer crimes.
Althought we are quite sure that the most important thing to carry out
nowdays is a cultural movement that understand
the importance of political principles such as, right of access to public
information, the right to communicate, the right to
express ideas and so on we are going to be involved in the near future to
avoid an enactment of italian laws infringing
civil rights on the field of new information technologies.
G. Strategies for Liberation. Ideas for Global Links.
A new age means a new worldwide ruling class and its plans.
We must think of a strategy to free our minds from the chain that have been
forced upon us from above.
We have the energy, the strength, and the creativity to think of a long run
project to organize new ideas and new
policies for a peaceful revolution against the ruling class and its interests.
These are some ideas of what we could realize:
1. Distributed Servers around the world
2. Mailing List
3. Teleconferences.
4. Information Agencies.
5. Networking and exchange of material and experiences
Unity makes strenght
To connect any single person or small group that is working for a global
liberation is a basic task.
Let us produce maps and linkage among alternative servers. Let us make
available to the general pubblic a bookmark
of alternative servers and addresses.
Against money, we have to produce a stronger, quicker, more effective global
networking.
Thanks to the richness and the energy that movements have, we may by-pass
the big, multinational companys efforts to
create giant monopolies.
We need to join our efforts. Let us exchange material by opening links among
servers.
To create alteernative maps is one of our best strategy.
6. International Conventions
7. International Promo Tours.
8. Advertising the People Net and its Ideas.
9. Protests on the Net
9.1. Virtual Strikes
To boycott a server for a limited period of time, it is sufficient to
organize a large group of people and ask them to
overflow the server by asking to access all together at the same time.
Boycott should be advertised, made pubblic, and given reasons. They would
work as sit in's that jam traffic.
10. Specialized group
10.1. System operators
10.2. Software
10.3. Hardware
10.4. Lawyers
10.5. Information agencies
10.6. Productions
10.7. Retailers
Against all kinds of social barriers, cyber rights now !
StranoNetwork Italy
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For Metaforum II - No borders 6/10/1995
STRANONETWORK - ITALY
info c/o Tommaso Tozzi,
Via XXIV Maggio 14, 50129, Firenze, Italy
phone: +39-55-485996
e-mail: tozzi {AT} mailserver.idg.fi.cnr.it
BBS:
Virtual Town TV (phone +39-55-485997) VTTV e-mail:
vttv {AT} vttvnet.trident.nettuno.it