[ale] Fwd: Action alert on dangerous copyright bill

Chris Ricker kaboom at gatech.edu
Mon Jun 8 23:38:27 EDT 1998


For those of you who appreciate the copyleft and feel like writing your
representatives....

later,
chris

------ Forwarded message ------>>
 From: Richard Stallman <gnu at gnu.org>
Subject: Action alert on dangerous copyright bill
Date: Mon, 8 Jun 1998 15:18:29 -0600
Organization: MIT Artificial Intelligence Lab

[The Free Software Foundation is forwarding this alert, hoping that
people will contact their representatives *as soon as possible* to
oppose a very dangerous bill to extend copyright powers to an
unprecedented extent.

According to Peter Jaszi of the Digital Future Coalition
(www.dfc.org), this is our last chance to alter this bill before
passage--but it is a real chance, because the Commerce committee is
taking a fresh look at the subject and does not share the
pro-publisher bias of the Intellectual Property committee.

Please forward this alert as widely as possible to other newsgroups
and mailing lists where it is appropriate.]


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

          allows 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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