TN DMCA: Calling All Nerds 27
Average Joe writes "Next week is shaping up to be a critical week for the defenders of digital freedom down in Tennessee. Both the Senate and House will be holding different sub-committee hearings next Tuesday and Wednesday. Opposition to SB213 & HB457(Super DMCA bills) really depends on living, breathing people coming down to attend the actual hearings and hanging around outside. Expect to see the button man handing out cheaply produced but quite to the point artifacts of the fight. Please, if you can make it do so - even if you're not quite from Tennessee. ;) Learn More at tndf.net."
Is anyone planning a trip from Memphis? (Score:1)
Re: (Score:2)
Hmmm (Score:5, Interesting)
Considering the amount of angry comments about past Slashdot posts involving similar issues [slashdot.org], this surprised me. Perhaps everyone is just too apathetic...
Re:Hmmm (Score:3, Insightful)
Take the DMCA (the actual DMCA) for example. It was never intended to be used to cover security flaw disclosures, or garage door openers, or printer catridges, but it's being interprete
Re:Hmmm (Score:2)
Re:Hmmm (Score:1)
Don't you think it's a little late then?
Speaking as someone who has been affected by the law, my choice to stop distributing potentially illegal software from my website in Illinois is based on my desire not to end up as a test case.
These laws have an effect long before they ever end up in court.
And, by the way, you need to be more careful: your "This law, if implemented, would affect NOBODY who is not
Re:Hmmm (Score:1)
Re:Hmmm (Score:1)
how about... (Score:2, Insightful)
Re:how about... (Score:1)
Living in TN myself, I know of only a handful of geeks in my area, and none are really interested in protesting something (even though they should protest the Super DMCA).
Personally, I'd go to protest but have no way of getting anywhere.
Re:how about... (Score:3, Funny)
If you hadn't been such a cluefuck on the NLUG list (and the LUNA list and the GOLUM list and the...) maybe you'd still be around to see all the traffic about these bills, the hearings, the strategies to get them killed, amended, tabled, etc.
There's a shitload going on here. Just because nobody bothered to fill you in doesn't mean it ain't so.
Christ.
Re:how about... (Score:1)
Now, there is NOTHING in your statement that addresses my LOCAL area. NLUG isn't local, LUNA isn't local, and GOLLUM sure as hell aint local.
I never said nothing was going on there (on the lists). Just nothing going on in MY AREA.
Re:how about... (Score:1)
Re:how about... (Score:1)
what, my rants are perfect! shocking! (Score:1)
It doesn't matter, once it collapses, it will collapse, it's inevitable now. This is the modern equivalent of the fall of rome. Overly centralised and dictatorial government. Check. Expansionist/imperialist warfare. Check. Blind nationalism. Check. Loss of confidence with the people as opposed to their government, increasing mistrust, propaganda replacing just normal "news" and officia
An example of the impact of this legislation (Score:4, Insightful)
I am an Open Source developer, and in the spring of 2001, I created LaBrea, a network defense application. LaBrea puts unused IP addresses on your network to use, creating a "network tarpit" that traps and holds connection attempts from worms and scanners.
On April 15th of this year, it came to my attention that a nearly identical version of the proposed Tennessee law had been enacted in Illinois and had become law as of January 1.
As I read through the law, I discovered that LaBrea appeared to meet the criteria for what was called an "unlawful communication device" because it both disrupted and concealed the true origin and destination of communication.
If, indeed, LaBrea represents an "unlawful communication device," then my continued distribution of LaBrea from my website within Illinois placed me in violation of the law, and opened me up to incredibly punitive criminal and civil penalties.
Additionally, on January 14th I had contacted the developers of every Windows personal firewall that I could find to explain a flaw that I had discovered under WinXP and Win2K. The firewall vendors had worked out patches and rolled them into their products, and I was in the process of coordinating the publication of the vulnerability information with the various organizations when I discovered that this provision was law in Illinois.
Under this law, simply disclosing information describing a technique for "defeating or circumventing any technology, device or software used by the provider, owner or licensee of a communication service or of any data, audio or video programs or transmissions to protect any such communication, data, audio or video services, programs or transmissions from unauthorized access, acquisition, disclosure, receipt, decryption, communication, transmission or re-transmission" is treated as a felony. I will not publish this information, nor will I allow the vendors to credit me when/if they choose to publish it.
I have been contacted by the MPAA who has attempted to assure me that there is some sort of requirement for "intent to defraud" under the Illinois law, but I cannot find any such language. Lawyers from the EFF have, essentially, agreed that such language does not exist.
And so, where does this leave me? I've pulled LaBrea from distribution because I cannot justify placing myself in a position where I could be subject to criminal and civil penalties to give away software for free.
Is it illegal for me to distribute LaBrea? I honestly don't know. But I certainly can't justify hiring a lawyer to sort it all out. Quite frankly, I'm getting to the point where I really just don't care anymore. It's difficult enough to write good software-- trying to do it while walking through a legal minefield is impossible.
That is the result of this stupid legislation. If you live in Tennessee, or if you're in a position to influence what goes on there, do whatever you can to get it stopped. There is no justification for passing this law immediately. If there are legitimate questions surrounding this legislation (and I believe there are), then table the dang thing and sort them out now , before it is enacted.
Further information can be found at the HackBusters website [hackbusters.net]
-TL
Re:An example of the impact of this legislation (Score:1)
Worry Not (Score:2)
Why didn't this make the front page? (Score:1)
One measly post (which ignited our fires down here and got us to the hearing (barely) in time) about an S-DMCA hearing in Massachusetts made the front page. Everything about the Tennessee action and the response from TNDF.net [tndf.net] and other Tennesseans has been relegated to YRO [slashdot.org]. Sure it belongs in YRO, but the parent post is a call to action.
Shoulda been on the front page, since not everyone follows the sidebars and action (if driving to Nashville & sitting