Eighth Circuit declares RAZR a computer under federal law

http://www.engadget.com/2011/02/12/eighth-circuit-declares-razr-a-computer-under-federal-law/

by shawndumas • 15 years ago

20 11 15 years ago

Its interesting to think about what is defined as a computer under the law. A great deal of devices are having computers placed in them and the law has to play catch up with technology.

russell_h• 15 years ago

Seems a bit silly to call a RAZR a computer

Um... any definition of 'computer' that excludes a RAZR is just plain wrong.

wtallis2• 15 years ago

Unless by computer you mean programmable computer or general purpose computer, which most phones aren't by the time they reach consumers.

For example, would the inclusion of the use of a cell phone render a method patent invalid under the machine-or-transformation test? Can any process implemented with a microprocessor satisfy the particular machine half of the machine-or-transformation test if the inclusion of the microprocessor makes the device a computer?

wallygold• 15 years ago

RAZRs are programmable. I've used some of the programs.

There's a difference between being able to program on a device and being able to program for that device.

mbreese• 15 years ago

In the decision even the judge knew this wasn't a good standard. However, the law states that a computer is:

http://www.law.cornell.edu/uscode/18/1030.html

18 U.S.C. § 1030(e)

(1) the term “computer” means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device; And by that standard, yes, some modern toasters (let alone mobile phones) would qualify.

From the opinion:

Indeed, modern cellular phones process data at comparable or faster rates than the desktop computers that existed when §1030(e)(1) was enacted.

...

We acknowledge that a “basic” cellular phone might not easily fit within the colloquial definition of “computer.” We are bound, however, not by the common understanding of that word, but by the specific—if broad definition set forth in § 1030(e)(1).

mayoff• 15 years ago

Wouldn't it be great if articles like this one actually included a useful link, like to the actual 8th Circuit decision, instead of useless internal links?

Here's the decision:

http://www.ca8.uscourts.gov/cgi-bin/new/getDocs.pl?case_num=...

SoftwareMaven• 15 years ago

From the comments:

"What you SHOULD be talking about is how, if smartphones are classified as computers, the Patriot act DEFINITELY ALLOWS warrant-less search and seizure of your smartphone at international borders."

If you care, you should definitely be carrying a "travel phone" on your trips.

darklajid• 15 years ago

RAZR != Smartphone. That's even part of the article. We're talking simple feature phones here, so I think your workaround does not help.

kelnos• 15 years ago

His point is that you should have a separate "travel phone" that just has only necessary contacts, no access to your email, a minimum of personal information, no old text messages, etc. That way, if it does get seized, there's little for the authorities to work with. Whether or not it's a smartphone isn't relevant.

tluyben2• 15 years ago

And? It is a computer. Why is this news/interesting?

Eighth Circuit declares RAZR a computer under federal law

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