[NTLUG:Discuss] [Ms.G@NoitacudE.com: [sb1116] Urgent Alert on threat to electronic freedoms in Texas: SB1116 / HB2121 AKA "Super DMCA" bill]

[Paul Elliott]

Orignally From: "Ms. G" <Ms.G at NoitacudE.com>

Urgent Alert on the "Super DMCA" communication service anticircumvention
bill in Texas (Senate Bill 1116 & House Bill 2121)

>From EFF-Austin <http://www.effaustin.org>

May 1, 2003	

=== Summary ===

Texas Senate Bill 1116 (SB1116)
and companion Texas House Bill 2121 (HB2121)

This bill creates new criminal penalties for obtaining a communication
service (such as internet service or cable/satellite/phone/multichannel
services) with "intent to defraud" the provider of the service. The
penalties extend to connecting, modifying, possessing, or sharing
instructions for the use of any "access device" in a manner unauthorized
by the provider.

The bill is BAD because:

* The bill's broad language makes it a crime to modify your
internet-connected computer in any way that your service provider does
not approve of. It is so broad that it could apply to many electronic
communications practices, software, and devices commonly used in homes
and for sale at stores.
* The bill would interfere with legitimate academic and commercial
research and innovation, by prohibiting the development and distribution
of plans for "unauthorized access devices."
* The bill has excessive civil and criminal penalties that take the law
into private hands and that are far out of proportion to the offenses.
The bill would open the door for a barrage of litigation by industry
against individuals and between competitors. This litigation would be
complicated by areas of overlap and contradiction with federal laws.
* The bill would promote anti-competitive practices by large
communication services, such as tying proprietary products to
communications services.  It would, in effect, return us to the day when
everyone had to rent telephones from the telephone company.
* Similar broad laws are already interfering with legitimate business
and research activities in this country.

The wording of this legislation appears to be custom-drafted by the
Motion Picture Association of America (MPAA) and is similar to the
already-problematic Digital Millenium Copyright Act (DMCA). Similar
bills have been introduced in other states (Arkansas, Florida, Georgia,
Massachusetts, and Tennessee) or have already passed (Colorado,
Delaware, Illinois, Michigan, Oregon, Pennsylvania and Wyoming). Because
the bills are more extreme versions of the DMCA, pundits refer to them
as "super-DMCA" legislation.

Texas Senate Bill 1116 (SB1116)
	Sponsored by: Tommy Williams (R-The Woodlands/Beaumont)
	Committee: Criminal Justice Committee
	Hearing: Scheduled for May 6. Time not yet set.

Texas House Bill 2121 (HB2121)
	Companion (identical) bill
	Submitted by: Ron Wilson (D-Houston, not on Committee below)
	Committee: Regulated Industries
	Hearing: 4/23/2003; EFF-Austin testified.

For more information, contact:	<sb1116-info at effaustin.org>
or visit:  <http://wiki.effaustin.org/index.php/SB1116>


=== TAKE ACTION NOW! ===

1) Take a few minutes to participate in democracy.
Fax, write, or visit members of the Texas Legislature to express your
opposition to SB1116 & HB2121.
- For committee member's contact info, see
<http://wiki.effaustin.org/index.php/Senate%20committee%20contact%20info>
and
<http://wiki.effaustin.org/index.php/House%20committee%20contact%20info> -
Mimic a sample letter at
	<http://wiki.effaustin.org/index.php/sample%20letter>
- Send a letter using the national EFF's Action Center:
	<http://action.eff.org/action/index.asp?step=2&item=2629>
- Use an "e-democracy" website such as:
	<http://www.eactivist.org/>

2) Stay in touch.
Join our "SB1116" mailing list to keep up with the latest on all
versions of SB1116/HB2121 (see below). This legislative session is going
fast, and supporters of this bill are trying to slip it through quickly.
We have only a short time to act when these bills move to another stage.
Bills can come up for hearing with little public notice.

3) Study up, spread the word.
EFF-Austin has in-depth information on SB1116/HB2121 at
<http://wiki.effaustin.org/index.php/SB1116>
Info on the national super-DMCA phenomenon is at
<http://www.eff.org/IP/DMCA/states/>
Please feel free to circulate this info, and give us additional feedback
on how this bill might affect you or any groups you represent.

4) Testify.
There may be another legislative committee hearing as early as next week
(Tuesday, May 6). The most effective opposition is live attendance and
testimony at these hearings by representatives of businesses, consumers,
citizens, institutions, and organizations that would be negatively
impacted by these bills. Please let us know if you are interested in
appearing and/or speaking at a hearing.

* Don't wait 'til they come after your network! *


=== Join our Mailing List ===

Please join our "sb1116" mailing list to keep up-to-date with the latest
news on SB1116/HB2121, and to meet with others who are working on this
issue.

The list is available in two forms.  To subscribe and receive
individual messages as they are submitted, send a blank email
to <sb1116-subscribe at effaustin.org>.  To subscribe and receive
periodic digest compilations of messages, send a blank email
to <sb1116-digest-subscribe at effaustin.org>.

For more information, contact:	<sb1116-info at effaustin.org>
or visit:  <http://wiki.effaustin.org/index.php/SB1116>
-------------

The above list is in addition to the general EFF-Austin mailing
lists. For general info on EFF-Austin, please visit our website at
<http://eff-austin.org/>.

			 ###

~ Ms.G
(at)NoitaucdE[dot]com
on behalf of EFF-Austin (Texas)





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