EFFector       Vol. 11, No. 7       June 4, 1998       editor@eff.org
A Publication of the Electronic Frontier Foundation     ISSN 1062-9424

IN THIS ISSUE

See http://www.eff.org for more information on EFF activities & alerts!


  Please distribute widely to appropriate forums, no later than June 10 (action deadline: June 5).

June 3, 1998

IMMEDIATE ACTION ALERT

Consumer Project on Technology ( http://www.cptech.org )
Electronic Frontier Foundation ( http://www.eff.org )
Electronic Privacy Information Center ( http://www.epic.org )

DIGITAL COPYRIGHT BILL THREATENS ONLINE PRIVACY AND SECURITY
CONTACT KEY REPRESENTATIVES ON THE HOUSE COMMERCE COMMITTEE

For More Information, see the Digital Future Coalition
http://www.dfc.org

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THE LATEST NEWS

On Friday June 5, the House Commerce Subcommittee on Telecommunications, Trade, and Consumer Protection will hold a hearing on H.R. 2281, the "WIPO Copyright Treaties Implementation Act." The House Judiciary Committee has already approved this bill that will dramatically alter the time honored balance between content owners and the user community. The legislation will also seriously erode the leadership that the United States currently enjoys in research and development of encryption algorithms, cryptographic products, and computer security technology. It also seriously threatens privacy online.

Three sections of the bill are extremely threatening to privacy, free speech, and computer security:

Section 1201: Makes the use, manufacture or sale of ANY technology that can be used to circumvent copyright protections illegal. A host of vital technologies, equipment and processes "can" be, but are not intended, for such abuse, and Congress should not outlaw them, any more than they may outlaw the making or sale of crowbars or baseball bats because they "can" be used for vandalism. This section will:

Section 1202: Allows for the collection of personally identifiable information as part of the Copyright Management System. This section will:

Section 201: Encourages system operators to violate the privacy and protected speech rights of their users. This section will:

ALTERNATIVE: SUPPORT H.R. 3048

A much better WIPO treaty implementation bill, which punishes the act of unlawful infringement and maintains privacy protections, is H.R. 3048, the "Digital Era Copyright Enhancement Act." H.R. 3048 would encourage the development of new technologies and markets for copyrighted works in digital form, and give intellectual property holders the strong tools they need to go after infringing conduct while protecting privacy, security, and anonymity.

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IMMEDIATE ACTION TO TAKE

Privacy, encryption, fair use, and security supporters, especially supporters from states represented on the House Commerce Committee, are asked to IMMEDIATELY contact these key Representatives and ask them to withhold support from H.R. 2281, and instead support the more balanced approach of H.R. 3048. Then contact your own legislator and urge them to do the same.

We ask you to take JUST TWO MINUTES to contact the offices of the Committee members and your own representative and express your opposition to this legislation! Urge the Representatives to refrain from burdening the development of new technologies and ensure that privacy is protected in the digital world.

If you are unsure who your legislators are or how to contact them, see the EFF Congress Contact Factsheet at:
http://www.eff.org/congress.html

Feel free to make use of the sample fax and phone "script" below. Please at minimum contact your own Rep, and committee chairman Howard Bliley, ranking member John Dingell, Telecommunications Subcommittee chair William Tauzin, and ranking Subcommittee member Edward Markey. If you have time, please call/fax as many of the members of the Committee as you can.

HOUSE COMMERCE COMMITTEE
SUBCOMMITTEE ON TELECOMMUNICATIONS, TRADE, AND CONSUMER PROTECTI ON
    ST    PTY   REPRESENTATIVE                PHONE          FAX
      DIST
    ---------------------------------------- (Use 202 area code)---
    LA 03  R    W.J. "Billy" Tauzin           225-4031      225-0563
    OH 04  R    Michael G. Oxley              225-2676        n/a
    CO 06  R    Dan Schaefer                  225-7882      225-3414
    TX 06  R    Joe Barton                    225-2002      225-3052
    IL 14  R    J. Dennis Hastert             225-2976      225-0697
    MI 06  R    Fred Upton                    225-3761      225-4986
    FL 06  R    Cliff Stearns                 225-5744      225-3973
    OH 05  R    Paul E. Gillmor               225-6405      225-1985
    WI 02  R    Scott L. Klug                 225-2906      225-6942
    CA 47  R    Christopher Cox               225-5611      225-9177
    GA 09  R    Nathan Deal                   225-5211      225-8272
    OK 01  R    Steve Largent                 225-2211      225-9187
    WA 01  R    Rick White                    225-6311      225-3524
    CA 27  R    James Rogan                   225-4176      225-5828
    IL 20  R    John Shimkus                  225-5271      225-5880
    MA 07  D    Edward J. Markey              225-2836      226-0340
    VA 09  D    Rick Boucher                  225-3861      225-0442
    TN 06  D    Bart Gordon                   225-4231      225-6887
    NY 17  D    Eliot L. Engel                225-2464      225-5513
    OH 14  D    Thomas C. Sawyer              225-5231      225-5278
    NY 07  D    Thomas J. Manton              225-3965      225-1909
    IL 01  D    Bobby L. Rush                 225-4372      226-0333
    CA 14  D    Anna G. Eshoo                 225-8104      225-8890
    PA 04  D    Ron Klink                     225-2565      225-2274
    MD 04  D    Albert R. Wynn                225-8699      225-8714
    TX 29  D    Gene Green                    225-1688      225-9903
    MO 05  D    Karen McCarthy                225-4535      225-4403
HOUSE COMMERCE COMMITTEE
OTHER MEMBERS
    ST    PTY   REPRESENTATIVE                PHONE          FAX
      DIST
    ---------------------------------------- (Use 202 area code)---
    VA 07  R    Tom Bliley (chair)            225-2815      225-0011
    FL 09  R    Michael Bilirakis             225-5755      225-4085
    NY 27  R    Bill Paxon                    225-5265      225-5910
    PA 08  R    James C. Greenwood            225-4276      225-9511
    ID 02  R    Michael D. Crapo              225-5531      225-8216
    NC 05  R    Richard Burr                  225-2071      225-2995
    CA 49  R    Brian P. Bilbray              225-2040      225-2948
    KY 01  R    Ed Whitfield                  225-3115      225-3547
    IA 04  R    Greg Ganske                   225-4426      225-3193
    GA 10  R    Charlie Norwood               225-4101      225-0279
    OK 02  R    Tom Coburn                    225-2701      225-3038
    NY 02  R    Rick Lazio                    225-3335      225-4669
    WY AL  R    Barbara Cubin                 225-2311      225-3057
    MI 16  D    John D. Dingell               225-4071        n/a
    CA 29  D    Henry A. Waxman               225-3976      225-4099
    TX 04  D    Ralph M. Hall                 225-6673      225-3332
    NY 10  D    Edolphus Towns                225-5936      225-1018
    NJ 06  D    Frank Pallone  Jr.            225-4671      225-9665
    OH 13  D    Sherrod Brown                 225-0123      225-2256
    OR 01  D    Elizabeth Furse               225-0855      225-9497
    FL 20  D    Peter Deutsch                 225-7931      225-8456
    MI 01  D    Bart Stupak                   225-4735      225-4744
    OH 06  D    Ted Strickland                225-5705      225-5907
    CO 01  D    Diana DeGette                 225-4413      225-5657
 

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SAMPLE PHONE "SCRIPT" & SAMPLE FAX

If you would like to both call and send a fax, this extra action would certainly help.

For best results, try to put this in your own (short!) words, and be emotive without being hostile.

IF YOU ARE A CONSTITUENT (i.e., you live in the same district as the Rep. you are contacting) make sure to say so. For example "I am a constituent, and I'm calling/writing because...."

IF YOU REPRESENT A COMPANY OR ORGANIZATION, say so: "I'm Jane Person from Personal Technologies Inc. of Austin. I'm calling on behalf of Personal Technologies to ask the Representative to...." Business interests carry a lot of weight with many legislators, especially if they are in the legislator's home district. Legislators also generally heed organizational voices over individual ones.

PHONE "SCRIPT"

You: [ring ring]

Legislative staffer: Hello, Representative Lastname's office.

You: I'm calling to urge Representative Lastname to OPPOSE H.R. 2281, the WIPO Copyright Treaties Implementation Act. I am extremely concerned about the effects on privacy. Additionally, the bill's anti-circumvention provision is overbroad.

I urge Representative Lastname to OPPOSE H.R. 2281 and instead SUPPORT H.R. 3048. Thank you.

Staffer: OK, thanks. [click]

It's that easy.

You can optionally ask to speak to the legislator's technology & intellectual property staffer. You probably won't get to, but the message may have more weight if you succeed. The staffer who first answers the phone probably won't be the tech/i.p. staffer.

SAMPLE FAX

Relevant Congressional fax numbers are in the contact list above. Please, if you have the time, write your own 1-3 paragraph letter in your own words, rather than send a copy of this sample letter. (However, sending a copy of the sample letter is far better than taking no action!)

Dear Rep. Lastname:

I am writing to ask you to oppose H.R. 2281, the WIPO Copyright Treaties Implementation Act. The Act would impose a variety of civil and criminal penalties for the use, manufacture or sale of technologies, including multi-purpose computers, home electronic devices and software programs, that could be used to overcome technological safeguards on copyrighted works. This bill would impede encryption research that helps ensure secure networks, prevent legitimate reverse engineering in the development of new software, and effectively overrule the Supreme Court's decision in Sony Corp. v. Universal City Studios, Inc., 464 U.S. 417 (1984), which permitted the home taping of television broadcasts. It also could jeopardize education and research by allowing copyright owners to lock up public domain materials, and by frustrating the fair use rights of information consumers.

H.R. 2281 goes much farther than is necessary under the WIPO treaties. Instead, a more balanced and rational bill is H.R. 3048, the Digital Era Copyright Enhancement Act, a measure providing protection and legal remedies against the act of circumvention itself when that circumvention is undertaken for an unlawful purpose. Please oppose H.R. 2281 and support H.R. 3048. Thank you.

Sincerely,
My Name Here
My Address Here

(Address is especially important if you want your letter to be taken as a letter from an actual constituent.)

For brief tips on writing letters to Congress, see:
http://www.vote-smart.org/contact/contact.html
The most important tip is to BE POLITE AND BRIEF. Swearing will NOT help.

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MORE ACTION TO TAKE

After calling/faxing members of the House Commerce Committee, please contact your own Representatives and urge them to oppose H.R. 2281, the WIPO Copyright Treaties Implementation Act.

You may also wish to follow up your calls and faxes with e-mail.

HOUSE LEADERSHIP
 ST    PTY   REPRESENTATIVE                PHONE          FAX
   DIST
 ---------------------------------------- (Use 202 area code)---
 GA  6   R  Gingrich, Newt                225-4501      225-4656
 TX  26  R  Armey, Richard                225-7772      226-8100
 MO  3   D  Gephardt, Richard             225-2671      225-7452
 TX  22  R  DeLay, Tom                    225-5951      225-5241
 MI  10  D  Bonior, David                 225-2106      226-1169
 OH  8   R  Boehner, John                 225-6205      225-0704
 CA  47  R  Cox, Christopher              225-5611      225-9177
 CA  3   D  Fazio, Vic                    225-5716      225-5141
 MD  5   D  Hoyer, Steny                  225-4131      225-4300
 _______________________________________________________________

House leaders are, respectively: Speaker, Majority Leader, Minority Leader, Maj. Whip, Min. Whip, Republican Conference Chair, Rep. Policy Committee Chair, Democratic Caucus Chair, Dem. Steering Cmte. Chair.

[end of alert]

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