Sen. Hollings plans to introduce DMCA sequel: The SSSCA

2001-09-08 Thread Declan McCullagh

Text of SSSCA draft bill:
http://www.politechbot.com/docs/hollings.090701.html

---

http://www.wired.com/news/politics/0,1283,46655,00.html

New Copyright Bill Heading to DC
By Declan McCullagh ([EMAIL PROTECTED])
4:19 p.m. Sep. 7, 2001 PDT

WASHINGTON -- Music and record industry lobbyists are quietly readying
an all-out assault on Congress this fall in hopes of dramatically
rewriting copyright laws.

With the help of Fritz Hollings (D-S.C.), the powerful chairman of the
Senate Commerce committee, they hope to embed copy-protection controls
in nearly all consumer electronic devices and PCs. All types of
digital content, including music, video and e-books, are covered.

The Security Systems Standards and Certification Act (SSSCA),
scheduled to be introduced by Hollings, backs up this requirement with
teeth: It would be a civil offense to create or sell any kind of
computer equipment that "does not include and utilize certified
security technologies" approved by the federal government.

It also creates new federal felonies, punishable by five years in
prison and fines of up to $500,000. Anyone who distributes copyrighted
material with "security measures" disabled or has a network-attached
computer that disables copy protection is covered.

Hollings' draft bill, which Wired News obtained on Friday, represents
the next round of the ongoing legal tussle between content holders and
their opponents, including librarians, programmers and open-source
advocates.

[...]





-
The Cryptography Mailing List
Unsubscribe by sending "unsubscribe cryptography" to [EMAIL PROTECTED]



Re: Sen. Hollings plans to introduce DMCA sequel: The SSSCA

2001-09-08 Thread Harald Koch

> It would be a civil offense to create or sell any kind of
> computer equipment that "does not include and utilize certified
> security technologies" approved by the federal government.

Doesn't this allow the government to (finally?) control *domestic*
encryption technology also? Ominous...

-- 
Harald Koch <[EMAIL PROTECTED]>

"It takes a child to raze a village."
-Michael T. Fry



-
The Cryptography Mailing List
Unsubscribe by sending "unsubscribe cryptography" to [EMAIL PROTECTED]



Re: Sen. Hollings plans to introduce DMCA sequel: The SSSCA

2001-09-08 Thread Jay Sulzberger



On Sat, 8 Sep 2001, Harald Koch wrote:

> > It would be a civil offense to create or sell any kind of
> > computer equipment that "does not include and utilize certified
> > security technologies" approved by the federal government.
>
> Doesn't this allow the government to (finally?) control *domestic*
> encryption technology also? Ominous...
>
> --
> Harald Koch <[EMAIL PROTECTED]>

The Hollings bill simply outlaws private ownership of home computers. It
requires the Ministry of Infotainment to have permanent irremovable root
privileges on every personal computer.  The Ministry is required to run a
complete log of every read and write to the hard disk and of all
connections to the Net.

oo--JS.




-
The Cryptography Mailing List
Unsubscribe by sending "unsubscribe cryptography" to [EMAIL PROTECTED]



Re: Sen. Hollings plans to introduce DMCA sequel: The SSSCA

2001-09-08 Thread Declan McCullagh

The complete text of the draft SSSCA (2.5 MB PDF file) is now online:
http://gnu-darwin.sourceforge.net/sssca-draft.pdf
http://www.nullify.org/sssca-draft.pdf
http://sites.inka.de/risctaker/sssca-draft.pdf
http://www.parrhesia.com/sssca-draft.pdf

John Young has put his amazing OCR software to work and has posted
this HTML text of the entire bill:
http://cryptome.org/sssca.htm

An anti-SSSCA petition is here:
http://www.PetitionOnline.com/SSSCA/petition.html

Slashdot thread on the SSSCA:
http://slashdot.org/articles/01/09/08/0238200.shtml

-Declan



-
The Cryptography Mailing List
Unsubscribe by sending "unsubscribe cryptography" to [EMAIL PROTECTED]



Re: Sen. Hollings plans to introduce DMCA sequel: The SSSCA

2001-09-09 Thread Bill Stewart

At 09:27 PM 09/08/2001 -0400, Jay Sulzberger wrote:
>The Hollings bill simply outlaws private ownership of home computers. It
>requires the Ministry of Infotainment to have permanent irremovable root
>privileges on every personal computer.  The Ministry is required to run a
>complete log of every read and write to the hard disk and of all
>connections to the Net.

No, you're allowed to own old PCs, though probably not to resell them.
What you can't do is reformat the hard drive, or disconnect the old one
when you buy a new one, or uninstall any software that might have
copy protection capabilities.  Lack of scienter may or may not get you
off the hook for the $500,000 fine for uninstalling software that
you didn't realize had the Hollings/Stevens code installed.




-
The Cryptography Mailing List
Unsubscribe by sending "unsubscribe cryptography" to [EMAIL PROTECTED]



Re: Sen. Hollings plans to introduce DMCA sequel: The SSSCA

2001-09-09 Thread Carsten Kuckuk

Am I right in that this bill would effectively outlaw all free
open-source operating systems like Linux, OpenBSD, FreeBSD, etc.? 

Carsten Kuckuk



-
The Cryptography Mailing List
Unsubscribe by sending "unsubscribe cryptography" to [EMAIL PROTECTED]



Re: Sen. Hollings plans to introduce DMCA sequel: The SSSCA

2001-09-09 Thread Arnold G. Reinhold

At 9:27 PM -0400 9/8/2001, Jay Sulzberger wrote:
>On Sat, 8 Sep 2001, Harald Koch wrote:
>
>> > It would be a civil offense to create or sell any kind of
>> > computer equipment that "does not include and utilize certified
>> > security technologies" approved by the federal government.
>>
>> Doesn't this allow the government to (finally?) control *domestic*
>> encryption technology also? Ominous...
>>
>> --
>> Harald Koch <[EMAIL PROTECTED]>
>
>The Hollings bill simply outlaws private ownership of home computers. It
>requires the Ministry of Infotainment to have permanent irremovable root
>privileges on every personal computer.  The Ministry is required to run a
>complete log of every read and write to the hard disk and of all
>connections to the Net.
>
>oo--JS.
>

I think the key point is that it doesn't outlaw private ownership of 
home computers. It merely requires all home computers to include 
provisions that allow the State to control what it is used for and to 
trace any information it produces. In this regard it is exactly the 
same as the laws in the old Soviet Union that forbid private 
ownership of a typewriter unless it was registered with the local 
police department, with a typing sample provided.

At least the enemy has finally removed his mask.


Arnold Reinhold

"1984 wasn't a novel, it was just another high-tech product plan with 
an unrealistic ship date."



-
The Cryptography Mailing List
Unsubscribe by sending "unsubscribe cryptography" to [EMAIL PROTECTED]



Re: Sen. Hollings plans to introduce DMCA sequel: The SSSCA

2001-09-09 Thread Jeffrey Altman

The scariest part of this proposed bill is its definition of the term
"Interactive Digital Device":

  The term "interactive digital device" means "any machine, device,
  product, software, or technology, whether or not included with or as
  part of some other machine, device, product, software, or technology,
  that is designed, marketed or used for the primary purpose of, and
  that is capable of, storing, retrieving, processing, performing,
  transmitting, receiving, or copying information in digital form."

This of course applies to all computer software since all programs
operate on data in "digital form".  Since all interactive digital
devices will be required to utilize certified security technologies
this would imply that every protocol used on the internet; every
program that reads/write from disk or from memory or from a CPU
register; will need to have an approved security technology.

Certainly the government is not in a position to develop a security
standard for each an every internet protocol: SMTP, FTP, HTTP, SSH,
TELNET, RSH, LDAP, DNS, ...  Not to mention every Hello World type
program that has ever been developed.  

It is also unclear from the proposed bill what the purpose of the bill
is.  

  "To provide for private sector development of workable security
  system standards and a certification protocol that could be
  implemented and enforced by Federal regulations, and for other
  purposes."

Is this meant to be an add-on to the DCMA to make it easier for
commercial copyright holders to limit the types of devices that can be
built, sold, and used?  This could be done by having the laws specify
the use of standards requiring licensing of technologies that are only
available on a fee per instance basis.  (This would exclude the use of
any open source operating system.)

Is this meant to ensure that appropriate technologies are in all
personal devices (PCs, phones, PDAs, set top boxes, ...) to unsure the
privacy of the data sent and received by their users?  A worthy goal
although I doubt I want the government regulating which protocols and
security standards I can use.

In either case, it seems unrealistic to assume that the government can
regulate this effectively.  Will the government create their own
security standard for each protocol, service, application, computing
architecture, ... or will it simply order the use of standards
recognized by a group such as the IETF?  If the IETF (or a similar
group) where will the funding come from?  I'm sure the IETF does not
want to become a line item in the U.S. budget.

I asked a computer science freshman to look at this proposed bill and
here was his reaction"

  "well from a short look, I like the idea behind it.  I think it would
  be very good if everyone knew when they sent information of any sort
  that it would be secure.  There are two problems I have with it
  though.  One, is that I'm trying to think about the real world
  implications of this bill.  I'm trying to think if it will cause a lot
  of problems integrating these security measures.  Second, I don't know
  if it's a good idea to use one standard for security.  It seems to me
  that once a security standard is made, a few years later, people find
  out a flaw in it, or processing power is good enough to break it.
  Having one standard makes it the target to try and break, whereas if
  there are many different standards, it's less of a risk."

I think that the concerns about end user privacy and identity theft
will lead the vast majority of the public at large to support bills
similar to this even if the end result would be a sharp reduction in
their rights.  Of course, my student also understands that there are
serious implications that have to be considered.  







 Jeffrey Altman * Sr.Software Designer  C-Kermit 8.0 Beta available
 The Kermit Project @ Columbia University   includes Secure Telnet and FTP
 http://www.kermit-project.org/ using Kerberos, SRP, and 
 [EMAIL PROTECTED]  OpenSSL.  SSH soon to follow.



-
The Cryptography Mailing List
Unsubscribe by sending "unsubscribe cryptography" to [EMAIL PROTECTED]



Re: Sen. Hollings plans to introduce DMCA sequel: The SSSCA

2001-09-09 Thread Jay Sulzberger



On Sun, 9 Sep 2001, Carsten Kuckuk wrote:

> Am I right in that this bill would effectively outlaw all free
> open-source operating systems like Linux, OpenBSD, FreeBSD, etc.?
>
> Carsten Kuckuk

Yes.

All "interactive digital" systems that directly connect to the net will
have to licensed.  Most that do not connect directly will also have to be
licensed.  License costs will be high enough so that only a few large
companies can afford them.  Individuals will not be allowed to assemble
components to make a computer for themselves, unless they spend millions
on a license, and wait some months for the paperwork to go through.

oo--JS.




-
The Cryptography Mailing List
Unsubscribe by sending "unsubscribe cryptography" to [EMAIL PROTECTED]



Re: Sen. Hollings plans to introduce DMCA sequel: The SSSCA

2001-09-09 Thread Bill Stewart

At 12:26 PM 09/09/2001 +0100, Carsten Kuckuk wrote:
>Am I right in that this bill would effectively outlaw all free
>open-source operating systems like Linux, OpenBSD, FreeBSD, etc.?

Only if the free operating system hasn't developed a
US-government-certified-copy-protection-system
and paid the US government for certification,
and the machine had a pre-Hollings OS on it.

If an older machine didn't have an approved operating system on it,
or had the copy protection built into the hardware,
you could install the free OS there, but if there's already a copy of
Monopoly-Enforcing Operating System there, you can't uninstall that,
because you'd get the $50 fine for disabling it.
 (Boy, that's a *lot* more expensive that the $2000 fine for
 disabling smoke detectors in an airplane lavatory.
 I guess copying music is more of a threat to public safety
 than airplane fires caused by smoking in the can.)

You *probably* could use Partition Magic to let you install
the free operating system in one partition while leaving the
Monopoly-Enforcing Operating System in its original partition,
but I'm not sure if you'd be allowed to boot it after you do.
You could also install Linux using a umsdos file system,
which stores Linux as files on the Microsoft file system,
but I'm not sure if you'd be allowed to boot it or not.





-
The Cryptography Mailing List
Unsubscribe by sending "unsubscribe cryptography" to [EMAIL PROTECTED]



Re: Sen. Hollings plans to introduce DMCA sequel: The SSSCA

2001-09-09 Thread jamesd

--
On 10 Sep 2001, at 0:26, Jay Sulzberger wrote:
> All "interactive digital" systems that directly connect to the
> net will have to licensed.  Most that do not connect directly
> will also have to be licensed.  License costs will be high
> enough so that only a few large companies can afford them.
> Individuals will not be allowed to assemble components to make
> a computer for themselves, unless they spend millions on a
> license, and wait some months for the paperwork to go through.

When the chinese invented paper, the government eventually
decided that this led to dangerous communication of dangerous
thoughts, and prohibited private production of paper.  It made
paper making a state secret, and castrated all paper makers so
that the secret would not be passed from father to son, but only
transmitted in government approved channels.  Thereafter paper
was used only to transmit government approved thoughts through
government channels, and to the populace.

Computers are similarly dangerous.

--digsig
 James A. Donald
 6YeGpsZR+nOTh/cGwvITnSR3TdzclVpR0+pr3YYQdkG
 pEyJYvluyMSWgNZ7GAkKeNzQ3mshy+SsKVJ/wMhs
 4sKLUftGKcn9X/CXUOs7SZPnTiZHI8M0IpiNhuyx6




-
The Cryptography Mailing List
Unsubscribe by sending "unsubscribe cryptography" to [EMAIL PROTECTED]



Re: Sen. Hollings plans to introduce DMCA sequel: The SSSCA

2001-09-10 Thread Rick Smith at Secure Computing

There are obviously a number of arguments that even Senators might listen to.

1) This Act actually creates two types of computers: those that comply with 
the Act and those that don't comply.

2) This Act artificially inflates the cost of a basic PC, making it much 
harder to install them in schools, or use them in other ways to educate 
disadvantaged American citizens.

3)  If this Act forces all U.S. vendors to comply with the Act, then it 
eliminates U.S. vendors from the international personal computer market. 
Overseas vendors will continue to build the powerful products we use today, 
which provide far greater capabilities than most user can harness. U.S. 
vendors will have to build more costly products that won't be able to 
compete against cheaper foreign products.

4) This Act prevents "garage shop" innovation in information technology by 
placing it entirely in the hands of established vendors. This kills the 
wellspring of innovation that was responsible for the PC revolution in the 
first place. Innovation doesn't happen if it has to ask permission first.
Rick.
[EMAIL PROTECTED]  roseville, minnesota
"Authentication" coming in October http://www.visi.com/crypto/




-
The Cryptography Mailing List
Unsubscribe by sending "unsubscribe cryptography" to [EMAIL PROTECTED]



Re: Sen. Hollings plans to introduce DMCA sequel: The SSSCA

2001-09-10 Thread Victor Duchovni


I believe that only the DA (government) can initiate criminal
proceedings.  Unlike in civil proceedings the copyright holders don't
have to spend a dime defending their DMCA or (proposed) SSSCA rights,
the taxpayer foots the bill.

-- 
Viktor.

> Richard Hartman
> 
> If this monstrosity gets passed, could we overload the courts 
> w/ lawsuits against companies that manufacture any digital 
> device that does not conform to the law (such as digital 
> answering machines) and, in so doing, bring the inconsistancies 
> & impracticalities to theattention of the public and the courts?
> 
> [Moderator's note: Probably not. --Perry]
> 




-
The Cryptography Mailing List
Unsubscribe by sending "unsubscribe cryptography" to [EMAIL PROTECTED]



Re: Sen. Hollings plans to introduce DMCA sequel: The SSSCA

2001-09-10 Thread Ian BROWN

Rick is absolutely right, but could I give the lobbyist reply?

>1) This Act actually creates two types of computers: those that comply with 
>the Act and those that don't comply.

Wrong; it eradicates the second type. Our innovative US hardware sector will be 
ready with compliant machines the day the Act comes into force.

>2) This Act artificially inflates the cost of a basic PC, making it much 
>harder to install them in schools, or use them in other ways to educate 
>disadvantaged American citizens.

Wrong again; economies of scale will mean the entire industry will unite to 
build on the important work by the TCPA, 4C Entity (or however many Cs there 
are these days) and Microsoft to add this capability at minimal cost.

>3)  If this Act forces all U.S. vendors to comply with the Act, then it 
>eliminates U.S. vendors from the international personal computer market. 
>Overseas vendors will continue to build the powerful products we use today, 
>which provide far greater capabilities than most user can harness. U.S. 
>vendors will have to build more costly products that won't be able to 
>compete against cheaper foreign products.

It won't take long to use the WIPO, WTO, and good 'ole US strongarm tactics to 
impose this legislation on the rest of the world. Meanwhile, we impose 
crippling sanctions on any company with any US exposure that produces such 
devices. cf Cuba, war on drugs, etc. etc.

>4) This Act prevents "garage shop" innovation in information technology by 
>placing it entirely in the hands of established vendors. This kills the 
>wellspring of innovation that was responsible for the PC revolution in the 
>first place. Innovation doesn't happen if it has to ask permission first.

Who cares about innovation if it isn't contributing campaign dollars?

Sorry for my cynicism :(

Ian.




-
The Cryptography Mailing List
Unsubscribe by sending "unsubscribe cryptography" to [EMAIL PROTECTED]



Re: Sen. Hollings plans to introduce DMCA sequel: The SSSCA

2001-09-10 Thread Will Rodger

Ian Brown writes:

>It won't take long to use the WIPO, WTO, and good 'ole US strongarm 
>tactics to
>impose this legislation on the rest of the world. Meanwhile, we impose
>crippling sanctions on any company with any US exposure that produces such
>devices. cf Cuba, war on drugs, etc. etc.

Before we engage in the usual tirades against the Great Satan, let's note this:

Round about the time the recording industries were hobbling DAT decks to 
make sure they would not threaten their business, there was an attempt to 
make the PC industry build in anti-copy technology like the one in digital 
tape decks. The computer hardware lobby, assisted by some non-profits, 
killed the measure handily.

I see little reason to believe we won't see a similar result this time, 
especially given the huge issue (finally!) digital copyright has become. 
After all, what hardware company wants to sell a hobbled computer whose 
main purpose is to protect someone else's line of business?

Hollings will make more enemies than he cares to think of if he proceeds 
with this dead-on-arrival bill.

Will Rodger
Washington, DC




-
The Cryptography Mailing List
Unsubscribe by sending "unsubscribe cryptography" to [EMAIL PROTECTED]



Re: Sen. Hollings plans to introduce DMCA sequel: The SSSCA

2001-09-10 Thread Ian Farquhar

Having read this bill, I cannot shake the suspicion that it is an ambit
tactic.  An unreasonable bill has been proposed to be shot down,
and the real bill will be introduced in a few months time. This
new bill will certainly contain a number of nasties, but it's
backers will seem to have compromised and "addressed" our
concerns.  Our continuing objections will be painted as
unreasonable, and thus we'll be marginalised in the debate.
Their bill will pass, nasties and all.

This technique only works if you have tame politicians
willing to propose ambit bills, which is a risky strategy
as can make them look ridiculous.  I don't know enough
about Hollings to judge.  Even so, the timing of the
bill is interesting given the recent papers about the
success of the DCMA.  One could reasonably suggest
that this timing is a little too clever to be unorchestrated.

Disclaimer: speaking for myself, not for Sun.

Ian.




-
The Cryptography Mailing List
Unsubscribe by sending "unsubscribe cryptography" to [EMAIL PROTECTED]



Re: Sen. Hollings plans to introduce DMCA sequel: The SSSCA

2001-09-10 Thread Jeffrey Altman

> I see little reason to believe we won't see a similar result this time, 
> especially given the huge issue (finally!) digital copyright has become. 
> After all, what hardware company wants to sell a hobbled computer whose 
> main purpose is to protect someone else's line of business?

The TrustedPC membership including Microsoft, Intel, IBM and Compaq.



 Jeffrey Altman * Sr.Software Designer  C-Kermit 8.0 Beta available
 The Kermit Project @ Columbia University   includes Secure Telnet and FTP
 http://www.kermit-project.org/ using Kerberos, SRP, and 
 [EMAIL PROTECTED]  OpenSSL.  SSH soon to follow.



-
The Cryptography Mailing List
Unsubscribe by sending "unsubscribe cryptography" to [EMAIL PROTECTED]



RE: [dvd-discuss] Re: Sen. Hollings plans to introduce DMCA sequel: The SSSCA

2001-09-10 Thread Richard Hartman



> -Original Message-
> From: Scott A Crosby [mailto:[EMAIL PROTECTED]]
...
> 
> Worse.. Think of it:
>   This even applies to answering machines that store the message on a
> digital chip. (Like the one my mother uses).
> 
> So, this like the DMCA, will be a law that will be very selectively
> enforced.
> 

If this monstrosity gets passed, could we overload the courts 
w/ lawsuits against companies that manufacture any digital 
device that does not conform to the law (such as digital 
answering machines) and, in so doing, bring the inconsistancies 
& impracticalities to theattention of the public and the courts?

[Moderator's note: Probably not. --Perry]

We don't _have_ to let them get away with selective enforcement.
By insisting on full enforcement we would be able to break
them, I think.

-- 
-Richard M. Hartman
[EMAIL PROTECTED]

186,000 mi./sec ... not just a good idea, it's the LAW!



-
The Cryptography Mailing List
Unsubscribe by sending "unsubscribe cryptography" to [EMAIL PROTECTED]