[Fwd: FW: Action Alert: Copyright Bill Threatens Online Privacy

[Betty Dawn Hamilton <bhamilt@tenet.edu>]

U. S. Colleagues,

I ran this by Peter before posting it to the group. Following is a
*shortened* version of a message that I received from a reliable source.
If you would like the entire document which includes voice and fax
numbers, e-mail me <bhamilt@tenet.edu> and I'll forward it to you. My
interpretation is that HR 2281 is to control *technology* while HR 3081
is designed to address the *abusers* of technology. I believe I favor
the latter.

Betty (signature file follows the forwarded alert)
========================================================================
Please distribute widely to appropriate forums
June 3, 1998

IMMEDIATE ACTION ALERT
Consumer Project on Technology (http://www.cptech.org
<http://www.cptech.org> )
Electronic Frontier Foundation (http://www.eff.org <http://www.eff.org>)
Electronic Privacy Information Center (http://www.epic.org
<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 <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.

    _________________________________________________________________

> 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
> <http://www.eff.org/congress.html>
END OF ALERT (edited by BDH)
======================================================================

Betty Dawn Hamilton,LRS * mailto:bhamilt@llano.net
Librarian * Tenet Master Trainer * News Group Moderator
LM_NET Internet Volunteer * Freelance Writer/Editor
TEXAS LIBRARY JOURNAL Contributing Editor
911 E. Oak St., Brownfield, Texas 79316
http://www.angelfire.com/tx/bhamilt

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