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IP: SSSCA is no Mickey Mouse


From: David Farber <dave () farber net>
Date: Tue, 18 Sep 2001 06:39:04 -0400


From: "Janos Gereben" <janos451 () earthlink net>
To: "jg" <janos451 () earthlink net>
Subject: SSSCA is no Mickey Mouse
Date: Sun, 16 Sep 2001 23:20:51 -0700
X-Mailer: Microsoft Outlook Express 5.50.4522.1200

SSSCA: like the DMCA, only worse
Rachel Chalmers - www.the451.com

San Francisco - Many people in the computer industry are becoming
alarmed over the proposed Security Systems Standards and Certification
Act (SSSCA), now under consideration by the US Senate. A glance at the
draft document amply explains their alarm. It begins by making it
illegal "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."

The bill is backed by Democratic senator Fritz Hollings, chair of the
Senate Commerce Committee. Disney is said to be the chief commercial
sponsor. Where the hotly contested Digital Millennium Copyright Act
(DMCA) made it illegal to circumvent copy protection, the SSSCA would
make it illegal to sell anything with a microprocessor in it unless
the device had copy protection built in. Anyone who sold such a device
without copy protection would be liable to fines of up to half a
million dollars and five years in prison.

Such an extreme piece of legislation prompts the question, Are they
serious? "Yes, but no," said Free Software Foundation general counsel
Eben Moglen. "Serious about having Fritz Hollings hawking their
ultimate wish list around the Hill, putting weight behind it in a
major way, and about starting with an extreme position because they
know that in order to get a coalition built in the Senate, where
nothing can be done without an industry consensus, they have to start
by yanking the conversation as far as they can in their own
direction - the consumer electronics and hardware industries, which
are way bigger than they are, will yank it as far back the other way
as possible."
Moglen has been closely involved with the defense of Shawn Reimerdes
and the other hackers who helped reverse-engineer the DVD content
scrambling system. That case is now on appeal before the Second
Circuit. Moglen claims credit for having predicted, in a speech he
gave at New York University in March, that: "when the DVD cases ripen
and the First Amendment conflict with DMCA-style technology control
becomes fierce, Disney will introduce legislation to make free
software illegal. This is the bill. Which means they're getting as
worried about the Second Circuit in Reimerdes as I am getting
hopeful."

Moglen may be right in thinking that the extremity of Disney's
position reflects the company's perception of the threat it faces.
Other, less sanguine observers wonder whether the consumer electronics
and hardware industries will oppose the bill at all. As they point
out, the proposed copy protection schemes resemble nothing so much as
the so-called Trusted Computing Platform that Compaq, HP, IBM, Intel
and Microsoft have been working on for years.

~~~~~~~~~~~~~~~~
Janos Gereben/SF
janos451 () earthlink net



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