View Full Version : Emu brd in US
whittles
June 22nd, 2001, 07:22 AM
Is it illegal to own an emu brd in the US?
jamico
June 22nd, 2001, 07:29 AM
I heard it was a "grey" area. Same as unloopers.
rbryant3
June 22nd, 2001, 08:57 AM
Well I don't no if EMU boards are legal or grey but I can tell you this if you are caught with it legal or not you could still be prosecuted. The government’s case can also be based on intent, what I mean is if you have An EMU, programmer, or what ever the device it’s self may not be illegal but if you have software, H card and computer, BUSTED. If they can find enough evidence to back up the claim you might find yourself arguing the merits in a federal court of law.
I am no expert on sat law I usually rely on GS2 or TTRK's posts to keep informed. But I do know about other laws like intent to manufacture, distribute, convert, and so on. I can give you some very good examples of people going to jail for possession of a certain combination of items. Be smart don’t take any chances!
http://www.nraila.org/images/fredom.jpg
A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.[Edited by rbryant3 on June 22nd, 2001 at 01:55 PM]
Jeet
June 22nd, 2001, 10:25 AM
Some states have laws that say you can not use a radar detector. But then these laws also say that it is perfectly legal to own and sell them. The catch is that it is ok to own a radar detector but illegal to use them. Maybe same thing could apply to an EMU board, never know.
June 22nd, 2001, 02:48 PM
"Radar detectors" are a gray area that hasn't been tested in the U.S. Supreme Court, and probably won't be because of the expense. Whether use of the detectors is justification for assumption of wanton speeding is debatable. Some people simply want to know when they are under electronic surveilance when they're in a potential speed-trap zone even though they have no intention of driving faster than the posted speed limit. However, there are only two possible use for an EMU: selling or using. And, whether in use or not, mere possession of an EMU would definitely result in confiscation with a high probability of a court appearance.[Edited by seymour_teevee on June 23rd, 2001 at 04:12 PM]
GhostDog
June 23rd, 2001, 03:54 AM
Another legal use for a radar detector is the fact that most of them pick up 'safety signals' and they can check for construction zones etc...
dime
To The Real King!!
June 23rd, 2001, 11:00 AM
Hi Everyone,
I the to be the bearer of bad news but my recent encounter with Canadian law has caused me to become more aware of US laws too because many folks ask. I suggest that the law in the USA seems to make these illegal for use and I question if possession could meet the standard to prove that they were used for illegal purpose. As I am no lawyer though, perhaps getting legal advice would be more certain or try reading this and decide for yourself
http://www.usdoj.gov/criminal/cybercrime/ipmanual/05ipma.htm
The law seems unreasonably confusing and perhaps that is done on purpose to keep people from going near anything that could be said to come under these confusing laws. As these EMU's could emulate a processor for many purposes in various smart cards, I cannot see how it is illegal BUT if it IS EMULATING a smart card in a DirecTV® system then it is obviously illegal.
In the end, the fact is that if it is intended to be used to defraud DirecTV® of subscription funds then it is clearly illegal unless you can prove an alternate use. That may NOT be possible unless you clearly have an alternate use. If you are looking for an "out" if you get caught doing something you should not be doing, forget it.
I would recommend that when people have a question like this that they attach a circumstance to it to get a proper answer. Usually this type of question cannot be answered properly without a context.
{ttrk}[Edited by To The Real King!! on June 23rd, 2001 at 02:45 PM]
June 23rd, 2001, 05:22 PM
Originally posted by To The Real King!!
As these EMU's could emulate a processor for many purposes in various smart cards, I cannot see how it is illegal...
I'm curious about legitimate processor emulation in "various smart cards". It would seem that being caught with an EMU would be equivalent to being caught in the U.S. with a pick set and not being able to produce a locksmithing license on demand. What am I missing, here?
ev1lll
June 23rd, 2001, 05:26 PM
well I guess if the emu is illegal then dave should get his
signal off my property!
June 23rd, 2001, 06:16 PM
Take it up with the FCC.
suckdss1
June 23rd, 2001, 08:08 PM
hmmm, wondering what about bootloader ,is it illegal in usa???
rbryant3
June 24th, 2001, 09:57 AM
I would say a bootloader is illegal because it has only one purpose to emulate an eprom address to allow you to use the card in an illegal manner. In my opinion if you have an unlooper, bootloader, modified H or HU and even a programmer you will probably get busted.
Even though a programmer can be used to program other smart cards if you have software for a DSS card BUSTED! But I am no attorney, if you think you run a risk of being illegal by all means consult with an attorney before you get busted and have to argue the merits in court.
http://www.nraila.org/images/fredom.jpg
A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.
suckdss1
June 24th, 2001, 08:57 PM
Well, i still not understand why the dealer in u.s.a still sell the bootloaders and unloopers ..i know virginclean and white vertor got busted .. it is unfair with other dealers in usa ... none of sense ...
thank
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