[free-sklyarov] Text of draft Security Systems Standards and
Certification Act
Jay Sulzberger
jays at panix.com
Fri Sep 7 23:27:15 PDT 2001
There is another locus of struggle here besides the complex knot of
copyright. Section 101 simply outlaws private ownership of personal
computers. The required hardware, firmware, and software must be capable
of tracking each and every operation you perform on the personal computer.
There is of course a safe, effective, and well-tested way to actually
"protect copyrighted works": do not distribute them in a form that can be
downloaded to any home computer. The book publishers, the popular music
companies, and the movie companies can simply continue their present,
means of suppressing massive infringement:
1. Only publish books of paper and ink.
2. Only sell recorded music that cannot be played by any mass market
thing that connects by a cable to a personal computer.
3. Only show movies in movie houses.
The AAP, RIAA, and MPAA did not build the computer, nor the Net. Why
should we hand over to them all personal computers, and the Net too?
oo--JS.
On Fri, 7 Sep 2001, Declan McCullagh wrote:
> ----- Forwarded message from Declan McCullagh <declan at well.com> -----
>
> From: Declan McCullagh <declan at well.com>
> Subject: FC: Text of draft Security Systems Standards and Certification Act
> To: politech at politechbot.com
> 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 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."
>
> (4) Secretary -- The term "Secretary" means the Secretary of
> Commerce [Takes effect at the date of enactment, except for
> sections that wait for federal standard.]
>
> Title II -- Internet Security Initiatives
>
> [Summary: Creates 25-member federal "Computer Security Partnership
> Council." Funds NIST computer security program at $50 million
> starting in FY2001, increasing by $10 million a year through
> FY2006. Funds computer security training program starting at $15
> million in FY2001. Creates federal "computer security awards."
> Requires NIST to encourage P3P and similar privacy standards]
> _________________________________________________________________
>
> Penalties summarized (by Declan):
>
> Criminal penalties apply to violations of sec. 102 or 103(a)(2). That
> includes the "interactive computer service shall store and transmit"
> without removal section, and the distribute "any copyrighted material
> or other protected content where the security measure associated with
> a certified security technology has been removed or altered."
>
> The criminal penalties are: "(1) shall be fined not more than $500,000
> or imprisoned for not more than 5 years, or both, for the first
> offense; and (2) shall be fined not more than $1,000,000 or imprisoned
> for not more than 10 years, or both, for any subsequent offense." Only
> someone who violates the law "willfully and for purposes of commercial
> advantage or private financial gain" can be convicted.
>
> Civil penalties apply to violations of sec. 101 or 103(a)(1). That
> includes the section talking about how it's unlawful to make systems
> without security measures, and how nobody may "remove or alter any
> certified security technology in an interactive digital device."
>
> The civil penalties include injunctions in federal court, actual
> damages, and statutory damages.
>
>
>
>
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