A friend who is shortly moving back to England reports that the Dell website now requires that users who are planning to export their computers must now answer yes or no to the following question before they will be allowed to complete their purchase:
Will the product(s) be used in connection with weapons of mass destruction, i.e. nuclear applications, missile technology, or chemical or biological weapons purposes?
Probably mostly for the latter, but also with an eye towards protection should an overzealous federal prosecutor (as with some of the more. . .creative charges against Martha Stewart) turn his eye their way in the event of a terrorist action.
It's my understanding that it's a government requirement, much the same way that (in years past) export of computers of a certain speed to certain countries (i.e. the usual suspects) was prohibited, and much the same way that 'export' of certain cryptographic products was prohibited.
The third option is that a handful of middle managers and legal department wags thought it would be clever or otherwise politically satisfying to insert such an absurd statement into their boilerplate.
It makes about as much sense as those idiotic questions we used to get asked at the airline counters every time we checked in (the fact that they finally quit doing that is one of the few bright signs in the generally-moronic response to September 11--I continue to wonder at it...)
Hey...if someone buys a Dell computer and then uses that computer to download weapon plans, sends an E-mail about weapon plans or uses the computer to listen to an MP3 while building a weapon in the next room, then Dell is totally responsible for the damage that ensues from the weapon.
You people just haven't spent enough time in law school
At one time, applicants for visitor's visas to the US had to fill out a form which included the following question (from memory):
Do you intend to overthrow, by force or by stealth, the democratically elected government of the United States of America?
Asking that question actually makes some small amount of sense. Deporting someone requires at least some amount of due process, and can't just be done on government whim. There's nothing illegal about intending to overthrow the government, so we couldn't deport bad actors until they actually crossed the line into action or active preparation. However, if you lie on your immigration forms, that's a deportation offense right there
Immigration still asks those questions. My wife immigrated in 1999, and they asked her the question above, as well as whether or not she has ever joined a terrorist organization. Applicants used to be asked whether or not they ever belonged to a communist organization.
I don't think the point of these types of questions is law suits. A jury or a judge would quickly conclude that asking such questions doesn't make anyone safer.
It's probably for the appearance. Not asking such questions would result in headlines, on Drudgrereport for example, such as: "AIRLINE ALLOWED ATTA AND OTHERS TO BOARD WITHOUT QUESTIONING INTENTION ... Israel enforces stricter policy."
Yeah, as lame as it sounds, such forms can sometimes be used to charge someone with perjury or fraud, making it easier to go after them and possibly hold more than one charge against them. Useful for deportation of aliens too.
I suspect that there's some small lawsuit protection involved too.
In other words, as odd as it sounds, there's a method to the madness.
A friend of mine tells the story about the immigrant from a country noted both for its sectarian troubles and as the butt of numerous ethnic jokes who, when asked at the border, "Do you advocate the overthrow of United States by force or violence?" thought long and hard before answering... "Umm... violence!"
Of course, developing such weapons is in many places and under many conditions perfectly legal. This is just another attempt by a company to restrict legal uses of their products.
On the other hand -- what happens if you answer "yes"? Do they refuse to sell it or do they just raise the price and void the warantee? Maybe this is really a discriminatory pricing mechanism, as Dell figures that evil geniuses and foreign scientists have a greater ability to pay...
--G
David Lindahl:
"
AFAIK Europeans get to fill out a form where we are asked ridiculously but politely if we intend to commit crimes, acts of terrorism, smuggle contraband, overthrow the US government and what our 'race' is among other things.
I have heard of a probably untrue story of an elderly english lady whom having missed one of the questions where asked by a customs officer:
-Do you advocate the overthrowing of democratic govenrments by infiltration or force?
To which the lady ( mistaking it for a multiple choice question) answers:
-Force, I think...
"
Nich Hills:
"
A would-be tourist was filling out a visa application at the Australian embassy. They came to the question 'Criminal Convictions?'.
"I didn't realise it was still a requirement of entry."
"
What the hell does Dell protecting itself from hypothetical government prosecution on this have to do with "lawsuit culture?"
Dell computer somehow used to plot terrorist attack, agrieved victim sues Dell. Lawsuit culture. You know, kind of like how lawsuits are sometimes raised against an airline after said airline's hijacked plane runs into a skyscraper.
This just in from Dictionary.com, make that "aggrieved."
The "force or violence" as multiple choice joke was also told within my family, regarding my uncle when he inlisted in the Army Air Corps during one of the late unpleasantnesses.
Dells are widely sold in the Middle East. It's got to be some legalistic hoop-jumping.
" Or has our lawsuit culture finally gone entirely over the cliff?"
This was a rhetorical question, no doubt.
Comments are Closed.