[ale] 4/23 GA super-DMCA hearing

[David Turner]

Tomorrow, 4/23, Georgia's General Assembly's Public Utilities Committee
is holding a hearing on a DMCA-like bill. This bill, HB867, threaten
personal privacy, anonymity, and security research.  It's similar to
state laws introduced all over the country by the MPAA.  Last month,
twenty people showed up at the Massachusetts public hearing, and
effectively opposed the one MPAA lobbyist. If you attend, speak from
notes rather than simply reading a statement (but you may be able to
submit written testimony). Please come to the capital, room 230, at
2:00pm.

I'm told that the bill is unlikely to pass this term anyway, but if
you have time, it's important that the legislature sees that only the
MPAA supports this, and that it's a special interest bill.  Also, this
bill is worse than most other state bills, because it hasn't had the
latest set of MPAA patches applied, so it still has major anonymity
problems.  

General comments about bills like this are available from:
http://www.publicknowledge.org/reading-room/documents/policy-papers/super-dmca-analysis.html

Report from the MA hearing:
http://blogs.law.harvard.edu/cmusings/2003/04/02#a106

Here are some specific problems with the bill: 

Section 1:

(b)(7)(A):

"In proving actual damages, the complaining party shall be required to
prove only that the violator manufactured, distributed, or sold any
communication device or unlawful access device, but shall not be
required to prove that such device was actually used in violation of
this Code section."

Note that this makes security research much harder.

(c): mere linkage and "unauthorized" access is illegal

Under (c)(1), it's possible that merely typing the wrong web site (and
thus, creating a TCP connection) could be a violation.  Under (c)(2),
if you hook your computer up to your cable line, watch out!  Because
it could be used to descramble HBO, it's illegal.


Section 2:


(a) is too broad: 
(1): Almost everything is a communication device
(2): Almost everything is a communication service, including network
television.  
(3): Almost everyone is a communication service provider, including
network TV stations


(b)(1)(A): ... to acquire or facilitate the receipt, interception,
disruption, transmission, retransmission, decryption, or acquisition
of a communication service without the express consent or
authorization of the communication service provider; ....

Here's my standard comment on this:

Section (b)(1)(A) prohibits receiving communication services without
the express consent of the communication service provider.  This means
that you can't use a radio or television without permission from the
broadcasters.  Nobody is going to tell you that you can't watch TV,
but they might tell you that you can't record it, a right the US
Supreme Court affirmed in 1984.  They might tell you that you can't
use your TiVo to pause it while you answer the phone.  The Motion
Picture Associate of America, primarily through its Copyright
Protection Working Group, has already said that it wants to limit
these sorts of freedoms.

Although I'm too young to remember it, I'm told that people used to be
required to rent phones from the phone company.  People would get in
trouble for using third party phones, and had to pay for each
extension.  If TV and radio broadcasters have their way, you may have
to rent your radio, TV, and VCR from them, or only use "authorized"
equipment.  And this equipment won't have a record button.


(b)(1)(B): This section prohibits anonymous communication, a right the
Supreme Court affirmed in McIntyre v. Ohio Elections Commission.
IIRC, there was also an anyonymity ruling from the northern district
of GA.

(b)(4): You can't distribute "plans" for these devices, so freedom of
speech is implicated.  It's impossible to effectively discuss security
unless security breaks can be studied.


-- 
-Dave Turner
GPL Compliance Engineer
Support my work: http://svcs.affero.net/rm.php?r=novalis&p=FSF

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