Sen. Hollings plans to introduce DMCA sequel: The SSSCA

2001-09-08 Thread Declan McCullagh

- Forwarded message from Declan McCullagh [EMAIL PROTECTED] -

From: Declan McCullagh [EMAIL PROTECTED]
Subject: FC: Sen. Hollings plans to introduce DMCA sequel: The SSSCA
To: [EMAIL PROTECTED]
Date: Fri, 07 Sep 2001 21:22:25 -0400
X-URL: Politech is at http://www.politechbot.com/

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

Politech archive on DMCA:
http://www.politechbot.com/cgi-bin/politech.cgi?name=dmca

---

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.

[...]




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Sen. Hollings plans to introduce DMCA sequel: The SSSCA

2001-09-08 Thread keyser-soze

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   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.


I think any Senator who signs on for this has earned killing.
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Re: Eric Hughes

2001-09-08 Thread Lucky Green

On Fri, 7 Sep 2001, A. Melon wrote:

 Does anyone know Eric Hughes' current email address? the ricocet one is,
 of course, non-functional now.

eh(a_t)speakeasy.net



-- Lucky Green [EMAIL PROTECTED] PGP encrypted email preferred.




Frenchalon....

2001-09-08 Thread Dave Emery

Paris Weekly Details French Electronic 'Espionnage' Abilities

EUP20010406000153 Paris Le Nouvel Observateur (Internet Version-WWW)
in French 05 Apr 01

[Article by Vincent Jauvert: Espionage -- How France Listens to the
Whole World]

[FBIS Translated Text]

  It is one of the largest tapping centers in the world.  At this
secret base protected by watchtowers, police dogs and electrified
barbed wire, 13 immense parabolic antennas spy day and night on all
the international communications transiting through the satellites
they monitor.

 Where is this base whose photo Le Nouvel Observateur has
published here? In the United States? In Russia? No, in the Perigord
region, on the Domme plateau, next to Sarlat airport.  The site is
officially (and modestly) referred to as the radio center. Here,
the French spy service, the DGSE [General Directorate for External
Security], monitors hundreds of thousands -- millions? -- of
telephone calls, e-mails, files, and faxes on a daily basis.  This
is the main site for the French Republic's big ears.

 It is not the only one.  Like the United States and the English-
speaking countries with close ties to it, France has over the
past ten years set up a global interception network.  Le Nouvel
Observateur can confirm the existence -- and publish photos -- of
three other DGSE satellite tapping bases.  One -- code-
named Fregate -- is hidden in the Guyanese forest, at the heart of
the Kourou space center.
The other, completed in 1998, is attached to the side of the Dziani
Dzaha crater on the French island of Mayotte in the Indian Ocean.
Both are managed jointly with the BND (Bundesnachrichtendienst), the
German secret service.  The third center is located in the western
suburbs of Paris, on the Orgeval plateau, at Alluets-le-Roi.  A
total of about 30 antennas cover nearly the entire globe, with the
exception of the Siberian North and a part of the Pacific.

 There will soon be other stations.  Expanding its satellite
tapping network is one of the DGSE's priorities, the rapporteur for
the 2001 defense budget, Jean-Michel Boucheron, writes.  The French
secret service has more resources available every year for this
purpose.
A new station is being built on the Albion plateau, where nuclear
missiles were stored before the silos were dismantled; a fifth is
planned for the Tontouta naval air base in New Caledonia.

 Of course, this network is -- and will remain -- much less
powerful and efficient than the US system on which it is modeled,
one which has often been discussed in recent months and is commonly
referred to as Echelon. The American NSA [National Security
Agency] is 30 times richer than its French counterpart, the
technical directorate of the DGSE.  The former employs 38,000
people, the latter 1,600.  The smaller Frenchelon, as the Americans
and their partners call it, is no less of a threat to privacy.
Including that of the French.  Here is why: When they are
transmitted by one of the satellites monitored by the Domme, Kourou,
or Mayotte bases, our communications with other countries or the
DOM-TOM [French Overseas Dominions and Territories] may be
intercepted, copied, and disseminated by the DGSE, without any
monitoring commission having any say in the matter.  None! A
situation that is unique in the West.

 Every democratic country that has equipped itself with satellite
tapping services has set up safeguards -- laws and monitoring
bodies -- to protect its citizens from the curiosity of the big
ears. Every one, led by Germany and the United States.  But not
France.

 Nonetheless, our country has been spying on communications
satellites for 30 years.  The SDECE [Foreign Intelligence and
Counterintelligence Service] set up its first parabolic antenna at
Domme, at the site of a small radio interception center, in 1974.
The antenna measured 25 centimeters in diameter and still exists.
Another followed soon afterwards.  At the beginning, there were
only a few satellites, the Intelsats, explains a veteran of the
technical directorate.  We were able to 'suck up' a large portion of
international traffic. However, in 1980, as the explosion in global
telephony began, more and more satellites were put into orbit:
Eutelsat, Molniya, Inmarsat, Panamsat, Arabsat.  We were quickly
overwhelmed, recounts a former senior official.  The Domme center
found itself under-equipped, ridiculous -- and we at the DGSE were a
laughingstock for our American and British colleagues.

 In 1984, the head of the secret service, Admiral Lacoste, pressed
Francois Mitterrand: We need another interception station. France,
he claimed, had an ideal site for this type of operation: the Kourou
space center.  Ideal? It was located very near the Equator, that is,
in the best possible spot for listening in on communications
satellites, nearly all of which are geostationary.  The base would
be located a few kilometers from the Ariane launching pad, meaning
that its antennas would not 

Text of draft Security Systems Standards and Certification Act

2001-09-08 Thread Declan McCullagh

- Forwarded message from Declan McCullagh [EMAIL PROTECTED] -

From: Declan McCullagh [EMAIL PROTECTED]
Subject: FC: Text of draft Security Systems Standards and Certification Act
To: [EMAIL PROTECTED]
Date: Fri, 07 Sep 2001 21:24:51 -0400
X-URL: Politech is at http://www.politechbot.com/

Wired News article on SSSCA:
http://www.wired.com/news/politics/0,1283,46655,00.html

---

http://www.politechbot.com/docs/hollings.090701.html

Text of Security Systems Standards and Certification Act

  Sponsors: Sen. Fritz Hollings (D-S.C.), chairman of the Senate
  Commerce committee, and Sen. Ted Stevens (R-Alaska). Draft dated
  August 6, 2001. This bill has not been introduced as of September
  7, 2001.

  Keystroked by Declan McCullagh, all typos his. Comments in
  [brackets] are his. The bill is 19 pages long; much of the text is
  summarized and placed in brackets.
  _

Title I -- Security System Standards

Sec. 101: Prohibition of Certain Devices

  (a) In General -- It is unlawful to manufacture, import, offer to
  the public, provide or otherwise traffic in any interactive digital
  device that does not include and utilize certified security
  technologies that adhere to the security system standards adopted
  under section 104.

  (b) Exception -- Subsection (a) does not apply to the offer for
  sale or provision of, or other trafficking in, any previously-owned
  interactive digital device, if such device was legally manufactured
  or imported, and sold, prior to the effective date of regulations
  adopted under section 104 and not subsequently modified in
  violation of subsection (a) or 103(a).

Sec. 102: Preservation of the Integrity of Security

  An interactive computer service shall store and transmit with
  integrity any security measure associated with certified security
  techologies that is used in connection with copyrighted material or
  other protected content such service transmits or stores.

Sec. 103: Prohibited Acts

  (a) Removal or Alteration of Security -- No person may --

  (1) remove or alter any certified security technology in an
  interactive digital device; or

  (2) transmit or make available to the public any copyrighted
  material or other protected content where the security measure
  associated with a certified security technology has been removed or
  altered.

  [Summary: Personal TV/cable/satellite time-shifting copies normally
  must be allowed by certified security technologies]

Sec. 104: Adoption of Security System Standards

  [Summary: The private sector has 12 months to agree on a standard,
  or the Secretary of Commerce will step in. Industry groups that can
  participate: representatives of interactive digital device
  manufacturers and representatives of copyright owners. If industry
  can agree, the secretary will turn their standard into a
  regulation; if not, normal government processes apply and NTIA
  takes the lead. The standard can be later modified. The secretary
  must certify technologies that adhere to those standards. Also:
  The secretary shall certify only those conforming technologies
  that are available for licensing on reasonable and
  nondiscriminatory terms. FACA, a federal sunshine law, does not
  apply, and an antitrust exemption is included.]

Sec. 108: Enforcement

The provisions of section 1203 and 1204 of title 17, United States
Code, shall apply to any violation of this title as if --

  (1) a violation of section 101 or 103(a)(1) of this Act were a
  violation of section 1201 of title 17, United States Code; and

  (2) a violation of section 102 or section 103(a)(2) of this Act
  were a violation of section 1202 of that title.

Sec. 109. Definitions

  In this title:

  (1) Certified security technology -- The term certified security
  technology means a security technology certified by the Secretary
  of Commerce under section 105.

  (2) Interactive computer service -- The term interactive computer
  service has the meaning given that term in section 230(f) of the
  Communications Act of 1984 (47 U.S.C. 230(f)).

  [Note: According to 47 U.S.C. 230(f), an interactive computer
  service means any information service, system, or access software
  provider that provides or enables computer access by multiple users
  to a computer server, including specifically a service or system
  that provides access to the Internet and such systems operated or
  services offered by libraries or educational institutions.]

  (3) Interactive digital device -- The term interactive digital
  device means any machine, device, product, software, or
  technology, whether or not included with 

Re: US v Miller (was Re: Naughty Journal Author Denied Plea Change

2001-09-08 Thread keyser-soze

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What is your source for all this?  This case is a point of interest
for me and such details as you have provided are not contained in the
text of the ruling, so where did they come from?

See https://www.keepandbeararms.com/information/XcIBViewItem.asp?ID=2337
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Re: CDR: Re: Naughty Journal Author Denied Plea Change

2001-09-08 Thread measl


On Wed, 5 Sep 2001, Declan McCullagh wrote:

 Mere possession (not creation) of visual depictions of child
 pornography has been a federal felony for at least a decade.
 Someone who's a collector who did not publish the material would
 be a felon.

We are not talking about visual depictions (cute Fedz euphemism for
photographs or photograph like imagery) here, we are talking about
*written words*.  The anti-imaging laws are justified on the grounds that
producing the stuff requires, by definition, a child, and therefore,
outlawing the stuff Saves Children.  

As I understand this story, the guy had a diary which contained written
descriptions of things he would *like* to do, not a photo album of kids
bent over a table...

Big difference.  A a journalist, I'm sure you can see where this not so
subtle difference lies...


-- 
Yours, 
J.A. Terranson
[EMAIL PROTECTED]

If Governments really want us to behave like civilized human beings, they
should give serious consideration towards setting a better example:
Ruling by force, rather than consensus; the unrestrained application of
unjust laws (which the victim-populations were never allowed input on in
the first place); the State policy of justice only for the rich and 
elected; the intentional abuse and occassionally destruction of entire
populations merely to distract an already apathetic and numb electorate...
This type of demogoguery must surely wipe out the fascist United States
as surely as it wiped out the fascist Union of Soviet Socialist Republics.

The views expressed here are mine, and NOT those of my employers,
associates, or others.  Besides, if it *were* the opinion of all of
those people, I doubt there would be a problem to bitch about in the
first place...






[RRE]Your Face Is Not a Bar Code (fwd)

2001-09-08 Thread Eugene Leitl



-- Eugen* Leitl a href=http://www.lrz.de/~ui22204/;leitl/a
__
ICBMTO  : N48 10'07'' E011 33'53'' http://www.lrz.de/~ui22204
57F9CFD3: ED90 0433 EB74 E4A9 537F CFF5 86E7 629B 57F9 CFD3

-- Forwarded message --
Date: Fri, 7 Sep 2001 15:53:48 -0700
From: Phil Agre [EMAIL PROTECTED]
To: Red Rock Eater News Service [EMAIL PROTECTED]
Subject: [RRE]Your Face Is Not a Bar Code


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  Your Face Is Not a Bar Code:
  Arguments Against Automatic Face Recognition in Public Places

  Phil Agre
  http://dlis.gseis.ucla.edu/pagre/

  Version of 7 September 2001.
  2600 words.

  Copyright 2001 by Phil Agre.  You are welcome to forward this
  article in electronic form to anyone for any noncommercial reason.
  Please do not post it on any Web sites; instead, link to it here:

  http://dlis.gseis.ucla.edu/people/pagre/bar-code.html


Given a digital image of a person's face, face recognition software
matches it against a database of other images.  If any of the stored
images matches closely enough, the system reports the sighting to its
owner.  Research on automatic face recognition has been around for
decades, but accelerated in the 1990s.  Now it is becoming practical,
and face recognition systems are being deployed on a large scale.

Some applications of automatic face recognition systems are relatively
unobjectionable.  Many facilities have good reasons to authenticate
everyone who walks in the door, for example to regulate access to
weapons, money, criminal evidence, nuclear materials, or biohazards.
When a citizen has been arrested for probable cause, it is reasonable
for the police to use automatic face recognition to match a mug
shot of the individual against a database of mug shots of people who
have been arrested previously.  These uses of the technology should
be publicly justified, and audits should ensure that the technology
is being used only for proper purposes.

Face recognition systems in public places, however, are a matter for
serious concern.  The issue recently came to broad public attention
when it emerged that fans attending the Super Bowl had unknowingly
been matched against a database of alleged criminals, and when the
city of Tampa deployed a face-recognition system in the nightlife
district of Ybor City.  But current and proposed uses of face
recognition are much more widespread, as the resources at the end
of this article demonstrate in detail.  The time to consider the
acceptability of face recognition in public places is now, before
the practice becomes entrenched and people start getting hurt.

Nor is the problem limited to the scattered cases that have been
reported thus far.  As the underlying information and communication
technologies (digital cameras, image databases, processing power,
and data communications) become radically cheaper over the next two
decades, face recognition will become dramatically cheaper as well,
even without assuming major advances in technologies such as image
processing that are specific to recognizing faces.  Legal constraints
on the practice in the United States are minimal.  (In Europe the
data protection laws will apply, providing at least some basic rights
of notice and correction.)  Databases of identified facial images
already exist in large numbers (driver's license and employee ID
records, for example), and new facial-image databases will not be
hard to construct, with or without the knowledge or consent of the
people whose faces are captured.  (The images need to be captured
under controlled conditions, but most citizens enter controlled,
video-monitored spaces such as shops and offices on a regular basis.)
It is nearly certain, therefore, that automatic face recognition will
grow explosively and become pervasive unless action is taken now.

I believe that automatic face recognition in public places, including
commercial spaces such as shopping malls that are open to the public,
should be outlawed.  The dangers outweigh the benefits.  The necessary
laws will not be passed, however, without overwhelming pressure of
public opinion and organizing.  To that end, this article presents
the arguments against automatic face recognition in public places,
followed by responses to the most common arguments in favor.


Arguments against automatic face recognition in public places

 * The potential for abuse is astronomical.  Pervasive automatic
face recognition could be used to track individuals wherever they go.
Systems operated by different 

Re: Request for SSSCA mirror help

2001-09-08 Thread Declan McCullagh

Looks like we're set. Thanks, folks.

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

-Declan

On Sat, Sep 08, 2001 at 12:25:18PM -0400, Declan McCullagh wrote:
 I've put the complete SSSCA draft text in a PDF file here:
 http://www.well.com/~declan/sssca-draft.pdf
 
 Can I talk some folks who can spare the bandwidth into mirroring it and 
 sending me the URL? The file's 2.5 MB, and I don't want to overload the 
 Well's poor servers. Then I'll distribute a list of the original and the 
 mirror sites.
 
 Please disregard this message after 3 pm ET Saturday.
 
 Thanks,
 Declan