Re: FC: Draft of Rep. Berman's bill authorizes anti-P2P hacking

[InfoSec News <isn () c4i org>]

Forwarded from: Robert G. Ferrell <rferrell () texas net>

>    Sponsored by Reps. Howard Berman, D-Calif., and Howard Coble, R-N.C.,
>    the measure would permit copyright holders to perform nearly unchecked
>    electronic hacking if they have a "reasonable basis" to believe that
>    piracy is taking place. Berman and Coble plan to introduce the 10-page
>    bill this week.

It's difficult to find adequate words for expressing what a deeply
offensive, poorly thought-out, and just plain bad idea this is.  The
first time one of these "copyright holders" tries to hack a network
frequented by any of a fairly significant number of what have come to
be known as "black hats," they would be doomed.  Can you say massive
denial of service?  Can you imagine being hit by a dozen 0-days at
3:45 AM?  I'm not talking Web page defacements here, either--I'm
talking about serious, specifically targeted mayhem.  I don't think
any of the clueless individuals who've pushed for or passed this piece
of excrement masquerading as legislation have the slightest idea what
sort of resistance the underground community is capable of generating,
especially if galvanized by such a patently outrageous abuse of basic
online civil liberties.

"Raids" have always been the exclusive purview of duly accredited law
enforcement agencies, and as such have (theoretically) been closely
controlled and regulated by the judiciary.  This measure puts what
amounts to raw, unmonitored law enforcement powers in the hands of a
brutally self-serving industry, with no regards whatever to the rights
of the individuals involved.  It is quite simply state-supported
vigilantism, and about as unconstitutional as you can get.

For the sake of both sides in this issue, I wish this bill a speedy
relegation to to the bottom of the compost heap, where it most
assuredly belongs.

Robert G. Ferrell
rferrell () texas net



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