EFFector Vol. 11, No. 7 June 4, 1998 editor@eff.org

EFFector Vol. 11, No. 7 June 4, 1998 [email protected]
A Publication of the Electronic Frontier Foundation ISSN 1062-9424

IN THIS ISSUE

* IMMEDIATE ACTION ALERT, JUNE 5 DEADLINE: DIGITAL COPYRIGHT BILL
THREATENS ONLINE PRIVACY AND SECURITY; CONTACT KEY REPRESENTATIVES
ON THE HOUSE COMMERCE COMMITTEE
1. SUMMARY
2. THE LATEST NEWS
3. IMMEDIATE ACTION TO TAKE
4. SAMPLE PHONE "SCRIPT" & SAMPLE FAX
5. MORE ACTION TO TAKE
* ADMINISTRIVIA

See http://www.eff.org for more information on EFF activities &
alerts!
_________________________________________________________________

Please distribute widely to appropriate forums,
no later than June 10 (action deadline: June 5).

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

* 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 section 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 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
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 the members of the
Committee as you can.

HOUSE COMMERCE COMMITTEE

SUBCOMMITTEE ON TELECOMMUNICATIONS, TRADE, AND CONSUMER PROTECTION

ST PTY REPRESENTATIVE PHONE FAX
DIST
---------------------------------------- (Use 202 area code)---
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

OTHER MEMBERS

ST PTY REPRESENTATIVE PHONE FAX
DIST
---------------------------------------- (Use 202 area code)---
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]

_________________________________________________________________

ADMINISTRIVIA

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