morpheus
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HR 2281 -- a violation of your rights, intended to strengthen copyright law on the net (long)
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Jun 5 17:29 UTC 1998 |
This is an e-mail that was forwarded to me. It details a new house bill
which is intended to prevent copyright infringment, but is so poorly
implemented that it could potentially make it illegal to own video-
editing software. The bill makes it illegal to posess any system(s)
which would allow the unauthorized reproduction of media, with a
special focus on digital media. It does not decern between actually
violating copyright law, an posessing eqipment to do so.
This implementation is so poor as to put it on par with the statutes
used to achieve a conviction in the Bernie S. case, or the Electronic
Privacy Act of 1987.
Long and short, it sucks.
>-----Original Message-----
>From: EPIC-News List <epic-news@epic.org>
>To: epic-news@epic.org <epic-news@epic.org>
>Date: Thursday, June 04, 1998 11:12 AM
>Subject: Action Alert: Copyright Bill Threatens Online Privacy and
Security
>
>
>>
>>======================================================================
====
>>
>>Please distribute widely to appropriate forums
>>
>>
>>June 3, 1998
>>
>>IMMEDIATE ACTION ALERT
>>
>>Consumer Project on Technology (http://www.cptech.org)
>>Electronic Frontier Foundation (http://www.eff.org)
>>Electronic Privacy Information Center (http://www.epic.org)
>>
>>DIGITAL COPYRIGHT BILL THREATENS ONLINE PRIVACY AND SECURITY
>>CONTACT KEY REPRESENTATIVES ON THE HOUSE COMMERCE COMMITTEE
>>
>>
>> SUMMARY:
>>
>> * Latest News:
>> House "WIPO Copyright Treaties Implementation Act" (H.R.
2281)
>> would over-regulate emerging technologies, eliminate privacy
>> protections, outlaw reverse engineering and encryption
security
>> measures, and weaken fair use privileges.
>>
>> * What You Can Do Now:
>> Follow the directions below and call members of House
Commerce
>> Committee. Ask them to oppose any bill that seeks to regulate
>> technology itself, rather than the behavior that constitutes
>> a misuse of the technology. Explain that a better alternative
>> is H.R. 3048.
>>
>> For More Information, see the Digital Future Coalition
>> http://www.dfc.org
>>
>> _________________________________________________________________
>>
>>
>>THE LATEST NEWS
>>
>>On Friday June 5, the House Commerce Subcommittee on
Telecommunications,
>>Trade, and Consumer Protection will hold a hearing on H.R. 2281, the
"WIPO
>>Copyright Treaties Implementation Act." The House Judiciary
Committee has
>>already approved this bill that will dramatically alter the time
honored
>>balance between content owners and the user community. The
legislation
>will
>>also seriously erode the leadership that the United States currently
>enjoys
>>in research and development of encryption algorithms, cryptographic
>products,
>>and computer security technology. It also seriously threatens privacy
>online.
>>
>>Three sections of the bill are extremely threatening to privacy, free
>speech,
>>and computer security:
>>
>>Section 1201 makes the use, manufacture or sale of ANY technology that
>>can be used to circumvent copyright protections illegal. A host of
>>vital technologies, equipment and processes "can" be, but are not
>intended,
>>for such abuse, and Congress should not outlaw them, any more
>>than they may outlaw the making or sale of crowbars or baseball bats
>>because they "can" be used for vandalism. This will:
>>
>> * criminalize the manufacture, import, or use of tools
necessary to
>> perform research in cryptography. Under HR 2281, the
manufacture
>of
>> software tools that test the viability of a proposed
encryption
>> algorithm would be prohibited.
>>
>> * impede the ability of system operators to find and correct
>weaknesses
>> in their systems. System operators have important, legitimate
>reasons
>> to attempt to circumvent such access control technologies to
>confirm
>> the security of the password file or other vulnerable
elements of
>> the system. They must be able to use or create software that
>> circumvents access control technologies to determine the
>robustness
>> of the security system.
>>
>> * prevent computer users from protecting their privacy online by
>> removing cookies from their computer. Additionally, if
cookies
>are
>> used as a copyright protection system it would be unlawful to
>> manufacture a device that removes the cookie from the system.
>>
>>Section 1202: Allows for the collection of personally identifiable
>information
>>as part of the Copyright Management System. This section will:
>>
>> * allow content owners to collect personally- identifiable
>information
>> about users who access their copyrighted works. This will
>eliminate
>> anonymous reading and allow content owners to track not only
which
>> online magazines you buy but also which articles you read and
>which
>> pictures you look at.
>>
>>Section 201: Encourages system operators to violate the privacy and
>>protected speech rights of their users. This section will:
>>
>> * exempt service providers from liability if they disable access
>> to or remove material claimed to be infringing, regardless of
>> whether the material or activity is ultimately determined to
>> be infringing. This encourages them to remove potentially
>> protected speech without any real proof of infringement. It also
>>
>> * allow OSPs to violate users privacy by sifting through
>customers'
>> electronic files, documents and e-mail looking for a
potential
>> infringements.
>>
>>**ALTERNATIVE: SUPPORT H.R. 3048**
>>
>>A much better WIPO treaty implementation bill, which punishes the
*act* of
>>unlawful infringement and maintains privacy protections, is H.R.
3048, the
>>"Digital Era Copyright Enhancement Act." H.R. 3048 would encourage
the
>>development of new technologies and markets for copyrighted works in
>>digital form, and give intellectual property holders the strong tools
they
>>need to go after infringing conduct while protecting privacy,
security,
>and
>>anonymity.
>>
>> _________________________________________________________________
>>
>>
>>IMMEDIATE ACTION TO TAKE
>>
>>Privacy, encryption, fair use, and security supporters, *especially
i.e.,
>>supporters from states represented on the House Commerce Committee*,
are
>>asked to IMMEDIATELY contact these key Representatives and ask them to
>>withhold support from H.R. 2281, and instead support the more balanced
>>approach of H.R. 3048. Then contact your own legislator and urge
them to
>>do the same.
>>
>>We ask you to take JUST TWO MINUTES to contact the offices of the
>Committee
>>members and your own representative and express your opposition to
this
>>legislation! Urge the Representatives to refrain from burdening the
>>development of new technologies and ensure that privacy is protected
in
>>the digital world.
>>
>>If you are unsure who your legislators are or how to contact them, see
>>the EFF Congress Contact Factsheet at:
http://www.eff.org/congress.html
>>
>>Feel free to make use of the sample fax and phone "script" below.
>>Please at minimum contact your own Rep, and committee chairman Howard
>>Bliley, ranking member John Dingell, Telecommunications Subcommittee
chair
>>William Tauzin and ranking Subcommittee member Edward Markey. If you
have
>>time, please call/fax as many of ther members of the Committee as you
can.
>>
>>
>> HOUSE COMMERCE COMMITTEE
>>
>>
>> ST PTY REPRESENTATIVE PHONE FAX
>> DIST
>> ---------------------------------------- (Use 202 area code)---
>> SUBCOMMITTEE ON TELECOMMUNICATIONS, TRADE, AND CONSUMER PROTECTION
>> LA 03 R W.J. "Billy" Tauzin 225-4031 225-0563
>> OH 04 R Michael G. Oxley 225-2676 n/a
>> CO 06 R Dan Schaefer 225-7882 225-3414
>> TX 06 R Joe Barton 225-2002 225-3052
>> IL 14 R J. Dennis Hastert 225-2976 225-0697
>> MI 06 R Fred Upton 225-3761 225-4986
>> FL 06 R Cliff Stearns 225-5744 225-3973
>> OH 05 R Paul E. Gillmor 225-6405 225-1985
>> WI 02 R Scott L. Klug 225-2906 225-6942
>> CA 47 R Christopher Cox 225-5611 225-9177
>> GA 09 R Nathan Deal 225-5211 225-8272
>> OK 01 R Steve Largent 225-2211 225-9187
>> WA 01 R Rick White 225-6311 225-3524
>> CA 27 R James Rogan 225-4176 225-5828
>> IL 20 R John Shimkus 225-5271 225-5880
>> MA 07 D Edward J. Markey 225-2836 226-0340
>> VA 09 D Rick Boucher 225-3861 225-0442
>> TN 06 D Bart Gordon 225-4231 225-6887
>> NY 17 D Eliot L. Engel 225-2464 225-5513
>> OH 14 D Thomas C. Sawyer 225-5231 225-5278
>> NY 07 D Thomas J. Manton 225-3965 225-1909
>> IL 01 D Bobby L. Rush 225-4372 226-0333
>> CA 14 D Anna G. Eshoo 225-8104 225-8890
>> PA 04 D Ron Klink 225-2565 225-2274
>> MD 04 D Albert R. Wynn 225-8699 225-8714
>> TX 29 D Gene Green 225-1688 225-9903
>> MO 05 D Karen McCarthy 225-4535 225-4403
>>
>> HOUSE COMMERCE COMMITTEE
>>
>> VA 07 R Tom Bliley (chair) 225-2815 225-0011
>> FL 09 R Michael Bilirakis 225-5755 225-4085
>> NY 27 R Bill Paxon 225-5265 225-5910
>> PA 08 R James C. Greenwood 225-4276 225-9511
>> ID 02 R Michael D. Crapo 225-5531 225-8216
>> NC 05 R Richard Burr 225-2071 225-2995
>> CA 49 R Brian P. Bilbray 225-2040 225-2948
>> KY 01 R Ed Whitfield 225-3115 225-3547
>> IA 04 R Greg Ganske 225-4426 225-3193
>> GA 10 R Charlie Norwood 225-4101 225-0279
>> OK 02 R Tom Coburn 225-2701 225-3038
>> NY 02 R Rick Lazio 225-3335 225-4669
>> WY AL R Barbara Cubin 225-2311 225-3057
>> MI 16 D John D. Dingell 225-4071 n/a
>> CA 29 D Henry A. Waxman 225-3976 225-4099
>> TX 04 D Ralph M. Hall 225-6673 225-3332
>> NY 10 D Edolphus Towns 225-5936 225-1018
>> NJ 06 D Frank Pallone Jr. 225-4671 225-9665
>> OH 13 D Sherrod Brown 225-0123 225-2256
>> OR 01 D Elizabeth Furse 225-0855 225-9497
>> FL 20 D Peter Deutsch 225-7931 225-8456
>> MI 01 D Bart Stupak 225-4735 225-4744
>> OH 06 D Ted Strickland 225-5705 225-5907
>> CO 01 D Diana DeGette 225-4413 225-5657
>>
>>
>>
>> SAMPLE PHONE "SCRIPT" & SAMPLE FAX
>>
>>If you would like to both call and send a fax, this extra action
>>would certainly help.
>>
>>For best results, try to put this in your own (short!) words, and
>>be emotive without being hostile.
>>
>>IF YOU ARE A CONSTITUENT (i.e., you live in the same district as
>>the Rep. you are contacting) make sure to say so. For example "I
>>am a constituent, and I'm calling/writing because...."
>>
>>IF YOU REPRESENT A COMPANY OR ORGANIZATION, say so: "I'm Jane
>>Person from Personal Technologies Inc. of Austin. I'm calling on
>>behalf of Personal Technologies to ask the Representative to...."
>>Business interests carry a lot of weight with many legislators,
>>especially if they are in the legislator's home district.
>>Legislators also generally heed organizational voices over
>>individual ones.
>>
>>
>> PHONE "SCRIPT"
>>
>>
>> You: [ring ring]
>>
>> Legislative staffer: Hello, Representative Lastname's office.
>>
>> You: I'm calling to urge Representative Lastname to OPPOSE H.R.
2281,
>the
>> WIPO Copyright Treaties Implementation Act. I am extremely
>> concerned about the effects on privacy. Additionally, the bill's
>> anti-circumvention provision is overbroad.
>>
>> I urge Representative Lastname to OPPOSE H.R. 2281 and instead
>SUPPORT
>> H.R. 3048. Thank you.
>>
>> Staffer: OK, thanks. [click]
>>
>>
>>It's that easy.
>>
>>You can optionally ask to speak to the legislator's technology
>>& intellectual property staffer. You probably won't get to, but
>>the message may have more weight if you succeed. The staffer who
>>first answers the phone probably won't be the tech/i.p. staffer.
>>
>>
>> SAMPLE FAX
>>
>>Relevant Congressional fax numbers are in the contact list above.
>>Please, if you have the time, write your own 1-3 paragraph letter
>>in your own words, rather than send a copy of this sample letter.
>>(However, sending a copy of the sample letter is far better than
>>taking no action!)
>>
>>
>> Dear Rep. Lastname:
>>
>> I am writing to ask you to oppose H.R. 2281, the WIPO Copyright
>> Treaties Implementation Act. The Act would impose a variety of
>> civil and criminal penalties for the use, manufacture or sale of
>> technologies, including multi-purpose computers, home electronic
>> devices and software programs, that could be used to overcome
>> technological safeguards on copyrighted works. This bill would
>> impede encryption research that helps ensure secure networks,
prevent
>> legitimate reverse engineering in the development of new
software,
>> and effectively overrule the Supreme Court's decision in Sony
Corp.
>> v. Universal City Studios, Inc., 464 U.S. 417 (1984), which
>> permitted the home taping of television broadcasts. It also
could
>> jeopardize education and research by allowing copyright owners to
>> lock up public domain materials, and by frustrating the fair use
>> rights of information consumers.
>>
>> H.R. 2281 goes much farther than is necessary under the WIPO
>> treaties. Instead, a more balanced and rational bill is H.R.
3048,
>> the Digital Era Copyright Enhancement Act, a measure providing
>> protection and legal remedies against the *act* of circumvention
>> itself when that circumvention is undertaken for an unlawful
purpose.
>> Please oppose H.R. 2281 and support H.R. 3048. Thank you.
>>
>>
>> Sincerely,
>> My Name Here
>> My Address Here
>>
>>
>>(Address is especially important if you want your letter to be taken
>>as a letter from an actual constituent.)
>>
>>For brief tips on writing letters to Congress, see:
>>http://www.vote-smart.org/contact/contact.html
>>The most important tip is to BE POLITE AND BRIEF. Swearing will NOT
>>help.
>>
>> _________________________________________________________________
>>
>>
>>MORE ACTION TO TAKE
>>
>>After calling/faxing members of the House Commerce Committee, please
>>contact your own Representatives and urge them to oppose H.R. 2281,
the
>>WIPO Copyright Treaties Implementation Act.
>>
>>You may also wish to follow up your calls and faxes with e-mail.
>>
>>
>> HOUSE LEADERSHIP
>>
>>
>> ST PTY REPRESENTATIVE PHONE FAX
>> DIST
>> ---------------------------------------- (Use 202 area code)---
>> GA 6 R Gingrich, Newt 225-4501 225-4656
>> TX 26 R Armey, Richard 225-7772 226-8100
>> MO 3 D Gephardt, Richard 225-2671 225-7452
>> TX 22 R DeLay, Tom 225-5951 225-5241
>> MI 10 D Bonior, David 225-2106 226-1169
>> OH 8 R Boehner, John 225-6205 225-0704
>> CA 47 R Cox, Christopher 225-5611 225-9177
>> CA 3 D Fazio, Vic 225-5716 225-5141
>> MD 5 D Hoyer, Steny 225-4131 225-4300
>> _________________________________________________________________
>>
>>
>>House leaders are, respectively: Speaker, Majority Leader, Minority
>>Leader, Maj. Whip, Min. Whip, Republican Conference Chair, Rep. Policy
>>Committee Chair, Democratic Caucus Chair, Dem. Steering Cmte. Chair.
>>
>>
>>[end of alert]
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