[NTLUG:Discuss] Urgent alert: Come testify against the Super DMCA! Seante hearing 1PM may 6.
jeremy
jeremyb at univista.com
Sat May 10 18:06:23 CDT 2003
Paul,
can you elaborate on what this means?
-Jeremy
On Sat, 2003-05-10 at 15:25, Paul Elliott wrote:
> Subject: Urgent Alert: SB1116 HB2121 AKA "Super DMCA" bill has passed out of Senate Committee
>
> -----------[Please redistribute as widely as appropriate]-----------
> Urgent Alert on the "Super DMCA" communication service anti-circumvention
> bill in Texas (Senate Bill 1116 & House Bill 2121) has passed out of
> Senate Committee
>
> From EFF-Austin <http://www.effaustin.org>
>
> May 9, 2003 Expires:June 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 has passed out of the Senate Criminal Justice
> committee.
>
> 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.
>
> * In particular, this bill could expose you to criminal and civil penalties
> if you connect LINUX (or any particular OS) to your cable internet connection
> without permission from your cable provider.
>
> * Likewise, this bill could expose you to criminal and civil penalties
> if you connect any device (such as a router or firewall) to your cable
> internet connection without permission from your cable provider.
>
> * 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.
>
> * 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.
> * 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). Even with
> amendments in the committee substitute, it is still unacceptable.
> 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. Substitute passed out of committee.
>
> 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.
> still pending.
>
> 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.
>
> It is important to contact:
> 1) Your own Senator and Representative
> 2) Members of the Regulated Industries Committee in House.
> 3) Senators not on Criminal Justice Committee
> 4) if you have the time, all State Senators and Representatives.
>
> - 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/>
>
> Here is one possible sample letter you could mimic:
> =================================================
> (Address)
>
>
> (today's date)
>
>
> Honorable (Senator/Representative NAME),
>
> I am writing to ask you to OPPOSE Senate Bill 1116 / House Bill
> 2121. The bill is a technology control bill that gives "service
> providers" tremendous power to control how business and consumers use
> their Internet connection. It allows service providers to dictate what
> brand of hardware and software customers use with an Internet
> connection, and lets service providers use the legal system to
> prosecute customers who use unapproved brands of products. This is
> like letting the electric company dictate what brand of blender and
> toaster you use. It's anti-customer and anti-competitive.
>
>
> In particular, I am opposed to this bill because
>
> (OPTION 1)
> I have LINUX connected to my cable internet connection.
> (OPTION 2)
> I have a firewall/router connected to my cable internet connection
> which I use to connect more than 1 computer at my house to my cable
> internet connection.
>
> The bill exposes me to criminal and civil penalties if I do this
> without permission from the cable company.
>
> The amendments in the committee substitute do not address this
> concern.
>
> HB 2121 and SB 1116 are unnecessary, overbroad and harmful to the
> public interest. As a (Texas businessperson / public servant / citizen
> / internet consumer), I urge you to protect Texans and oppose this
> legislation.
>
>
> Sincerely,
>
>
> (Your signature)
>
>
> (your name)
>
>
> (your title, organization)
>
>
> (address)
> =================================================
> write in your own words or write your own letter.
>
>
> 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 redistribute this message to all interested parties and
> mailing lists. Please inform all interested groups. Write letters
> to the editor of your newspaper.
>
>
> * 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)
> pelliott at io.com
>
>
>
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