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Date: 1998-06-07
net§copyright§gesetze: ACLU & EFF sagen threat to to privacy-.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- net§copyright§gesetze: ACLU & EFF sagen threat to privacy Genau gesagt handelt sichs um den sogenannten WIPO Copyright Treaties Implementation Act.So schauts aus: Mucho Rechte für die Copyright§inhaber & Medien§knechte - mini für die Intelligenz. from Barry Steinhardt <Barrys@eff.org> via Declan McCullagh <declan@well.com> 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. 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, Barry Steinhardt President,EFF Laura Murphy Director ACLU Washington Office Barry Steinhardt East Cost Phone 212 549 2508 President East Coast Fax 212 549 2656 Electronic Frontier Foundation West Coast Phone 415 436 9333 ext 102 1550 Bryant St. Suite 725 West Coast Fax 415 436 9993 San Francisco, CA 94103 <http://www.eff.org> Barrys@eff.org -.-.- --.- -.-.- --.- -.-.- --.- TIP Download free PGP 5.5.3i (Win95/NT & Mac) from Arge Daten http://keyserver.ad.or.at/pgp/download/ -.-.- --.- -.-.- --.- -.-.- --.- - -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- edited by Harkank published on: 1998-06-07 comments to office@quintessenz.at subscribe Newsletter - -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- 
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