5 June 1998
Date: Fri, 5 Jun 1998 08:57:31 -0400 From: Dan L Burk <BURKDANL@SHU.EDU> Subject: EFF and ACLU speak out on H.R. 2281 To: CYBERIA-L@LISTSERV.AOL.COM The following letter went out to all members of the House Commerce Committee, which considers H.R. 2281 today. ********************************************************************* The Electronic Frontier Foundation The American Civil Liberties Union 1550 Bryant Street, Suite 725 122 Maryland Ave, NE San Francisco, CA 94103 Washington, DC 20002 (415) 436-9333 (202) 544-1681 June 4, 1998 The Honorable Tom Bliley United States House of Representatives Washington, D.C. 20515 Dear Representative Bliley, We write to you on behalf of the Electronic Frontier Foundation (EFF) and the American Civil Liberties Union (ACLU) to urge you to reject H.R. 2281, the WIPO Copyright Treaties Implementation Act. [See House Report: hr105-551.txt] H.R. 2281 poses a direct threat to the free speech and privacy rights of online users. It would over-regulate emerging technologies, eliminate existing privacy protections, outlaw reverse engineering that is necessary for system security, outlaw system security measures such as encryption, and weaken fair use privileges. While proponents of the bill describe it as a compromise measure, the only thing being compromised is the well-established balance between content owners and content users in the digital world. Three sections of the bill are especially 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 used for, but are not intended to be used for, such abuse, and Congress should not outlaw them any more than you should outlaw the making or sale of crowbars or baseball bats because they can be used for vandalism. This section will: · Make it illegal for a user to circumvent technological protections put on his own materials by a piece of equipment. Many digital recorders forbid the making of any digital copies, including copies of a user*s own creations. H.R. 2281 would make the circumvention of these technological measures, and the manufacture of devices that would facilitate this circumvention, criminal. · Criminalize the manufacture, import, or use of tools necessary to perform research in cryptography. Under H.R. 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*--files automatically and covertly placed on users* computers by web site programs--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 citizens buy, but also which articles they read and which pictures they 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. · Permit service providers to violate users' privacy by sifting through customers' electronic files, documents and e-mail looking for potential infringements. Indeed, the restrictions on privacy rights and tools contained in this bill run contrary to the efforts of members of Congress and the Administration to provide adequate privacy protections in the digital world. H.R. 2281 goes beyond what is required by the WIPO treaties and expands the scope of current copyright law by punishing anyone who circumvents technological measures that protect copyright, regardless of whether there was any intent to infringe. This bill also would impose penalties on those who make or distribute technologies capable of breaking copyright protections. These classifications are broad and vague and could apply to computer manufacturers, software companies, and many others engaged in legitimate businesses having nothing to do with encouraging copyright infringement. A bill that does a much better job of striking the balance between content owners and information users in the digital world is the Digital Era Copyright Enhancement Act, H.R. 3048. Sponsored by Representatives Boucher and Campbell, H.R. 3048 is a comprehensive bill that would encourage the development of new technologies and markets for copyrighted works in digital form. H.R. 3048 would punish the behavior of circumventing copyright protections with the intent to infringe on another*s copyright, rather than outlawing all devices that could be used for circumvention. In addition, H.R. 3048 updates Section 107 (Fair Use) and other sections of the Copyright Act to ensure that libraries, students, educators, and nonprofit organizations enjoy the same limited freedoms to use copyrighted materials they have in the nondigital world. Teachers could make limited copies of classroom materials for distance learning, where their "classrooms" are expanded over the Internet, without fear of copyright infringement. Librarians and other archivists could update obsolete storage media (such as microfiche) to newer, more efficient digital media. The WIPO Copyright Treaties Implementation Act, H.R. 2281, is a dangerous bill that will undermine the delicate balance that has been struck in over 200 years of copyright history in this country. EFF and the ACLU urge you to vote against H.R. 2281. If we can provide you with additional information, please do not hesitate to contact either of us at the numbers above. Thank you for your consideration of our concerns. Respectfully yours, /s/ Laura Murphy /s/ Barry Steinhardt Director, ACLU Washington Office President, EFF
Date: Thu, 04 Jun 1998 18:38:33 -0400 To: bdcollar@ix.netcom.com, 74511.167@compuserve.com, brujan@electrotex.com, M2150@worldnet.att.net, cdci@gte.net, cypherpunks@cyberpass.net, sfrt@scfn.thpl.lib.fl.us, nisus@scfn.thpl.lib.fl.us, johngalt@digital.net, support@IntNet.net, jpenrod@sihope.com, jmr@shopmiami.com, jrb@qnet.com, mikef@vmicro.com, Mrlosal@aol.com, ecurry@interaccess.net, rocster@ij.net, sysadmin@ns1.greencis.net, ssmith@horizon.hit.net, sysop@bbs-la.com From: "EPIC-News List" <epic-news@epic.org> (by way of "Edwin E. Smith" <edsmith@IntNet.net>) Subject: Action Alert: Copyright Bill Threatens Online Privacy and Security Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Sender: owner-cypherpunks@cyberpass.net Precedence: first-class Reply-To: "EPIC-News List" <epic-news@epic.org> (by way of "Edwin E. Smith" <edsmith@IntNet.net>) X-List: cypherpunks@cyberpass.net X-Loop: cypherpunks@cyberpass.net ========================================================================== 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] ==========================================================================