EFFector Vol. 11, No. 10 June 22, 1998 editor@eff.org

EFFector Vol. 11, No. 10 June 22, 1998 [email protected]
A Publication of the Electronic Frontier Foundation ISSN 1062-9424

IN THIS ISSUE

* IMMEDIATE ACTION ALERT, JUNE 24 DEADLINE: FULL HOUSE COMMERCE
COMMITTEE ACTION ON DIGITAL COPYRIGHT BILL (THREATENS ONLINE
PRIVACY AND SECURITY); CONTACT KEY REPRESENTATIVES ON COMMITTEE
1. SUMMARY
2. THE LATEST NEWS
3. IMMEDIATE ACTION TO TAKE
4. SAMPLE PHONE "SCRIPT" & SAMPLE FAX
5. MORE ACTION TO TAKE
6. BACKGROUND
* ADMINISTRIVIA

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

Please distribute widely to appropriate forums, no later than July 1
(action deadline: June 24).

Date alert issued: June 22, 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 )

FULL HOUSE COMMERCE COMMITTEE ACTION ON DIGITAL COPYRIGHT BILL
(THREATENS ONLINE PRIVACY AND SECURITY);
CONTACT KEY REPRESENTATIVES ON THE HOUSE COMMERCE COMMITTEE

SUMMARY:

* Latest News: House Commerce Committee will do a final markup of
the "WIPO Copyright Treaties Implementation Act" (H.R. 2281),
which as currently drafted would over-regulate emerging
technologies, undermine privacy, outlaw reverse engineering and
encryption security research practices, and weaken fair use
rights. The Committee is increasingly sympathetic to fair use and
other concerns, but needs more input to fix the bill for good.

* What You Can Do Now: Follow the directions below and call members
of House Commerce Committee. Ask them to support fair use and
other amendments to the bill that protect the public interest.

For More Information, see the Digital Future Coalition
http://www.dfc.org

_________________________________________________________________

THE LATEST NEWS

The House Commerce Committee will hold a markup (amendment) session on
H.R. 2281, the "WIPO Copyright Treaties Implementation Act", already
approved over many objections by the House Judiciary Committee.
Mark-up is tentatively scheduled for Wednesday, June 24, 1998 (or
possibly the 25th). The pressure from the other side (the US Patent &
Trademark Office and large corporate intellectual property holders)
remains high, and it is an uphill battle for us to get any
concessions, but these concessions are finally coming.

Your activism is paying off, but needs to ramp up one more time! It is
critically important that CALLS and FAXES, e-mails and letters cover
the entire Commerce Committee (see list below), in support of fair use
rights and digital copyright legislation that continues to balance the
needs of information providers and users. It is important that our
position not be seen as "obstructionist", but constructive, and
conducive to the passage of some form of WIPO treaty implementation.

Some already-drafted amendments (to protect fair use, and the ability
to circumvent copy-protection systems to protect privacy and for
encryption & security research) may be viable, but they do not address
all of the concerns with this bill. The bill's text was NOT replaced
by the better, alternative bill last week, though the goal of fixing
the problems with the bill, one way or another, is now much closer.
Reverse engineering, ephemeral copying, and encryption will also be
addressed at Wednesday's mark-up, and constituent calls and letters
need to stress these points as well, along with the privacy and free
speech concerns inherent in allowing service providers to ransack
users' files and delete materials that "might" be infringing.

_________________________________________________________________

IMMEDIATE ACTION TO TAKE

All privacy, encryption, fair use, and security supporters, especially
supporters from states represented on the House Commerce Committee,
are asked to IMMEDIATELY take JUST TWO MINUTES or so each to contact
these key Representatives and ask them to work for amendment of H.R.
2281 to protect fair use rights, privacy, free expression, and
encryption and softwre R&D. We must lend massive but polite support
for the Klug-Boucher fair use amendment and for fixing the other
problems in the bill. Then contact your own legislator and urge them
to do the same should H.R. 2281 make it through the Committee intact.
The effects of bad copyright law can last for years, even generations.

Most important to contact: Chairman Bliley, to subcommittee Chairman
Tauzin, to ranking Democrat Dingell, to ranking Subcommittee Democrat
Markey, and to all 50 members of the Commerce Committee. Even if you
have written recently, it is important to again make contact with
these lawmakers, preferably by mid-day Tue., June. 23.

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
(includes links to Congressional e-mail addresses, but please focus on
calls, faxes and letters, as these are still taken more seriously by
legislator than e-mail.)

Feel free to make use of the sample fax and phone "script" below. If
you have time, please call/fax as many of the members of the Committee
as you can.

If you are a constitutent of Rep. Boucher, Klug, Tauzin, Dingell or
Bliley, please THANK them for their work to fix the problems in this
legislation.

HOUSE COMMERCE COMMITTEE

ST PTY REPRESENTATIVE PHONE FAX
DIST
------------------------------------------ (Use 202 area code)--
VA 07 R Tom Bliley (chair) 225-2815 225-0011
MI 16 D John D. Dingell 225-4071 226-0371
LA 03 R W.J. "Billy" Tauzin 225-4031 225-0563
MA 07 D Edward J. Markey 225-2836 226-0340
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
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
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
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

_________________________________________________________________

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 support
amendment of the WIPO bill, H.R. 2281, with the Klug-Boucher fair
use amendment, the Markey encryption amendment, and further
revision to protect privacy, security, free speech, and
currently-legal reverse engineering. Internet service providers
must not be given license to violate customer privacy and free
speech. 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. If you are
not successful, try contacting your legislator's home-state office
(contact info should be available from the legislator's home page at
http://www.house.gov), and ask them who the appropriate staffer is.
Then call the DC office and ask for this person by name.

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 support, at the upcoming Commerce
Committee markup, amendment of H.R. 2281, the "WIPO Copyright
Treaties Implementation Act". The Act has several troubling
provisions that 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, even though not intended for such
use. 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,
frustrating the fair use rights of information consumers. Worse
yet, it would allow Internet service providers to censor and invade
the privacy of their customers with impunity, and would criminalize
almost any circumvention of copy-protection systems, even perfectly
legitimate and necessary circumventions permissible under current
law.

H.R. 2281 goes much farther than is necessary under the WIPO
treaties. H.R. 2281 needs to be revised with more balanced and
rational provisions offered in the Markey encryption amendment and
the Klug-Boucher fair use amendment, plus other public interest
protections (many of which can be borrowed from the alternative
WIPO bill H.R. 3048, the Boucher-Campbell "Digital Era Copyright
Enhancement Act"). The goal of the final version must be providing
protection from and legal remedies against the act of circumvention
itself when that circumvention is undertaken for an unlawful
purpose, while also protecting privacy and other rights of the
users of information & communication technologies. The bill as
currently drafted is not balanced.
Please work for H.R. 2281 to be amended to focus away from banning
technology or undermining privacy and fair use, and toward
punishing genuine wrong-doing. 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.

Non-US Activists:

Action for concerned people outside the US is somewhat limited, since
Congress considers US competitiveness to be a top priority, and sees
protecting US copyright interests as very important for this
competitiveness. Foreign correspondence about this issue may backfire
if not carefully worded. The same goes for the encryption issue - US
legislators are largely sympathetic to American law enforcement &
intelligence agencies' desire to hinder foreign encryption
development. Probably the best tactic to take is to observe that the
bill does NOT implement the WIPO treaties as they were finalized, but
goes too far - the end result of which is a continuation of the very
clashes in inter-jurisdictional intellectual property laws that WIPO
treaties exist to minimize or eliminate. You might also ask your own
government officials to raise similar concerns and contact US
lawmakers and the Clinton Administration about these concerns. US
policymakers are right now fairly concerned about EU and other trade &
commerce conflicts with the US.

_________________________________________________________________

BACKGROUND

As currently written, H.R. 2281 would 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. And the bill seriously threatens privacy online.

Three sections of the bill are extremely threatening to privacy, free
speech, fair use, security and software development: Section 1201
punishes the manufacture or sale of any technology that "can"
circumvent copyright protections, and also prohibits defeating such
protections by any person for any reason (even a perfectly legitimate
one under current law); it more properly should address infringing
BEHAVIOR. 1201 is poorly drafted and would undermine encryption
research and reverse engineering as well. Section 1202: allows content
owners to collect personally-identifiable information about users who
access their copyrighted works. This provision needs to be removed.
Section 201: Exempts Net service providers from liability if they
remove allegedly infringing but potentially protected speech (e.g.
users' web pages) without any real proof of infringement. It also
allows providers to violate users' privacy by sifting through
customers' electronic files, documents, even e-mail looking for
potential infringements. A more detailed analysis is available at:
http://www.eff.org/effector/HTML/effect11.08.html

In the Telecommunications Subcommittee markup last week, a fair use
amendment (the Klug-Boucher amendment) to the bill was considered, but
rejected in favor of some as-yet-undecided fair use compromise. The
amendment said, in part: "All rights...including but not limited to
fair use, shall apply to all actions arising under this section." The
amendment did not address the security, privacy and other concerns
directly. Other issues, such as more privacy problems, free speech,
temporary copies, encryption, and reverse engineering remain to be
resolved.

An amendment introduced by Rep. Markey DID pass the Subcommittee,
allowing for circumvention for the purposes of protecting personal
privacy. Another Markey amendment to allow circumvention for system
security and encryption research has been considered (but at least
temporarily tabled). Neither will resolve all of the privacy concerns,
or the threat the bill poses to the software industry and research
community, or the concerns of the average user, since the amendments
only provide narrow "carve-outs", still in disharmony with current
fair use and other rights.

_________________________________________________________________

[end of alert]

_________________________________________________________________

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