Phreaking information banned

This law, RSA 638:5-a, bans the possession of information that describes how to use or create any “fraudulent communications paraphernalia”

638:5-a Fraudulent Communications Paraphernalia. –     I. As used in this section, “fraudulent communications paraphernalia” means any device used or intended for use in obtaining any toll telecommunication or cable television service from a company providing either service by rearranging, tampering with, or making any unauthorized connection to any telephone or cable television instrument, equipment or facility of such company in order to avoid the payment, in whole or in part, of the lawful charge for such communication service or to conceal from any such company or any lawful authority, the existence or place of origin or termination of any such service.

II. Any person who wilfully creates, offers, or transfers to another any fraudulent communications paraphernalia or information for creating or using such paraphernalia shall be guilty of a class B felony.

III. Any person who wilfully possesses any fraudulent communications paraphernalia or information for creating or using such paraphernalia shall be guilty of a misdemeanor.

http://www.gencourt.state.nh.us/rsa/html/lxii/638/638-5-a.htm

This law violates the First Amendment to the United States Constitution by banning the possession and distribution of information and ideas.  This should be all the justification needed to have this entire section repealed, or at least the parts that criminalize the creation, possession, and distribution of information and ideas.

This law presumably makes it a misdemeanor to visit the Wikipedia article entitled “Phreaking”, due to mentions of specifics regarding historical methods and devices for “hacking” phone systems (e.g. a toy whistle which happened to produce a frequency which allowed control of phone systems).

While I generally seek to provide links and sources to allow for further exploration of the issues at hand, if I were to provide a direct link to the Wikipedia article entitled  “Phreaking”, I would conceivably be committing a class B felony!

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