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EFFector - Volume 11, Issue 7 - Action Alert: Contact Key Representatives on the HCC to Oppose Digital Copyright Bill

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