Update on State "Communications Services" Laws 223
babbage_ct writes "As has been reported on Slashdot before (see here, here, and here for just a few) the MPAA is pushing so-called Super-DMCA laws in states around the country. Well, score one for the good guys. Oregon's version, SB 655 is going to die. Turns out the sponsor was scammed by MPAA lobbyist. See the e-mail from legislative staff below.
From: "Staff SenCharlesStarr"
To:
Sent: Thursday, May 22, 2003 5:17 PM
Subject: Status of SB 655
Status of SB 655:
SB 655 is slated to die in committee this session. It is no longer an immediate threat, however, there will be a study commission appointed over the interim. Sen. Minnis decided that the issue was too complex to resolve this session. I will attempt to inform you when the commission is formed so that you can have further input. Oregon truly dodged the bullet on this. Some states passed the MPAA model legislation before the IT community even knew it existed.
The email you sent to Sen. Starr (and I hope all of the committee members) helped to stop this dangerous legislation. Good job! In case you're wondering why Sen. Starr sponsored this bill in the first place, it was requested by the MPAA lobbyist (who really is a nice guy) but Sen. Starr was told that it was a simple bill to update copyright law in relation to digital media. Yes, and a whole lot more! As the full impact of the bill became clear, Sen. Starr withdrew his support, which contributed to the bill's "unfortunate demise."
If you have any further questions, please feel free to ask.
Ken McDermott
Legislative Assistant
Senator Charles Starr
900 Court St NE S-312
Salem, OR 97301
staff.sencharlesstarr@state.or.us
Good News (Score:5, Funny)
Wow, a governor with a brain. I'm moving to Colorado. Think they'll let me bring my guns?
Re:Good News (Score:2)
Re:Good News (Score:4, Interesting)
I have to say I am feeling very happy about being able to send this message through my NAT-enabled DSL router using SSH legally .
Good job EFF!!!
Re:Good News (Score:5, Insightful)
Damn, Flamebait? Really? I was going for Funny. Guess that'll learn me.
Since this one'll probably get modded offtopic anyway, I'll say: 1) Yes I have been to Colorado, 2) I support gun ownership, and 3) I was supporting the governor, not being a wise-ass. I'm just glad they haven't tried to introduce this kind of crap in New York State. If somebody stands up to it at some point, it will be that much easier for others to defend against it.
So I stand by my original post -- A governor with a brain! And one who's willing to fight for the rights of the people who elected him! That's a treasure for sure, and something that you Coloradans should be greatful for!
Double Dipping (Score:2, Insightful)
Double Dipping - A poster getting +5 mods for a post AND a reply to his own post. Usually due to self-correction, addition of extra information, or clueless moderation to the parent post. Interestingly, it appears to happen more often to sincere posters than trolls.
Re:Good News (Score:2)
VETO - The real story. (Score:2, Insightful)
Let them know what you think. (Score:3, Insightful)
Email Gov. Owens! [mailto]
Heh. My
Re:Let them know what you think. (Score:2)
You're sig is accurate, but unfortunately almost all the other forms of government scan something like this: X is the mistaken belief that a small handful of people are right, and have the interests of the majority of citizens in mind, more often than once in a while.
Re:Good News (Score:3, Informative)
(It's now illegal for cities/counties in Colorado to have more restrictive gun laws than the state does)
Still, kudos to him for violating anything DMCA-related
Re:Good News (Score:3, Informative)
Not quite. What owens did, was to come up with one law that requires all counties/municipalities to show cause WHY somebody is to be denied the right to carry conceled weapons. Before that, we were all over the board with laws. In Denver, you could get a permit iff you were politically connected. In Boulder, it was next to impossible unless you were a SOF type. In C. Springs, well, everybody carries
Re:Good News (Score:2)
Yet another point in his favor. Guess at least in this area he isn't a mysogynistic bastard who's just itching to deprive women of the right to self-protection, so that any man may beat/rape/murder them as the mood takes them.
Max
Re:Good News (Score:2)
Don't conclude that the guy knows what he's doing based on one action. As the saying goes, even a blind squirrel finds a nut once in a while. This is the same governor who paid for his favored highway construction projects by selling bonds secured by future federal highway funding. The result is that there's a big construction boom during his term but there will be no money for new construction for something like 20 years after he leaves office. That certainly doesn't sound like a brilliant forward thin
Re:Good News (Score:2)
There's everything from extremely conservative rural areas to "The People's Republic of Boulder", as left-leaning a city as most any place in the country.
Over the past twelve or so years, the state has gone from 18th in per-student spending in the country to 38th. Thousands of students go to classes in temporary trailers (some which have been in place for over ten years) because the school districts can't raise money for new construction. At least two sc
Re:Good News (Score:2)
Re:Colo-NRA-do (Score:3, Informative)
Fuck that, they won't let you in without them.
Which proves you never lived there. The whole place is full of tree-hugging greens, relocated hippies, singers, and movie stars that vehemently oppose guns for anyone and oppose the death penalty for everyone except NRA members.
Re:Colo-NRA-do (Score:4, Informative)
So I am going to have to assume that either you haven't been to the state in years or that you are just trolling.
Re:Colo-NRA-do (Score:2)
uh, no. We are not. In fact, if you look at the record for the last 30 years, we are nomally one of the swing votes with conservative leanings. However, that differs by locality. Yeah Boulder is very liberal, as is denver, vail, aspen, and any other resort area.
In contrast, C. Springs considers W. to be liberal and would have loved Buchaan or any type of that caliber.
Re:Colo-NRA-do (Score:2)
So I am going to have to assume that either you haven't been to the state in years or that you are just trolling.
Bzzzt. Wrong. All the populous (and popular) areas tend to lean to the left. Of course, if you're talking about Coaldale or Wetmore, then you'd better be able to play "duelling banjos" if you want to visit. Enough to prove my bonfides? Or perhaps we should discuss Florence, the location of the Fed's "Super Max" and the surrounding towns? No?
Re:They'd have to be (Score:2)
horseshit (Score:2)
The only reason why she didn't already have one is that they just became available.
Doesn't seem like a state that's rabidly afraid of guns to me.
Re:J-O-K-E (Score:2)
And you seem to know less about your home state than I do! As quoted from someone else who responded to your stupidity,
It's not my home state, you moron, although I've lived there. And at least I'm not stupid enough to cite a slashdot poster with an axe to grind as an authority. Twit.
Re:J-O-K-E (Score:2)
I really don't give a fuck where you live, so I think you have disinterest confused with stupidity. And what kind of paranoid, tinfoil-hat-wearing dildo thinks the rest of slashdot is out grinding axes on them? Face it, you know nothing about a state in which you lived. That's pathetic. Twat.
Re:J-O-K-E (Score:2)
I really don't give a fuck where you live, so I think you have disinterest confused with stupidity. And what kind of paranoid, tinfoil-hat-wearing dildo thinks the rest of slashdot is out grinding axes on them? Face it, you know nothing about a state in which you lived. That's pathetic. Twat.
I know a lot about about Colorado - I lived there for many years. I think we need a new moderation category, -1 Ignorant, for posters like you.
Dildo (Score:2)
Obviously you never met any of its residents while you were there. Probably too busy fucking moose. We need a new moderation for you too. -1, Stupid cumsucking piece of shit. Hell, while we're at it, let's make it a -2 right off.
Re:Dildo (Score:2)
Creativity (Score:2)
You want to talk about a lack of creativity, let's look at your last missive. "I know a lot about about Colorado - I lived there for many years. I think we need a new moderation category, -1 Ignorant, for posters like you."
Wow. That's just amazing. I'm speechless. "-1, Ignorant, for posters like you." I just hope you didn't spend any time coming up with that drivel. You need someone to write jokes for you like
Re:Creativity (Score:2)
For what it's worth, you always know you've won a batle of wits when someone insults your intelligence.
No, I always know I've won a battle of wits when someone responds with a slobbering rant full of four-letter words like yours. Considering your language, I think "ignorant" was an apt description, and it was not intended to be a joke.
How sad... (Score:2)
How pathetic. See, your problem is you're too uptight to see that vulgarity is a verbal tool, just like any other. Considering how stilted you are, and your reaction to my littany, I was fully correct and justified. I must say, it has been fun seeing your little brain spin
Re:How sad... (Score:2)
See, your problem is you're too uptight to see that vulgarity is a verbal tool, just like any other. Considering how stilted you are, and your reaction to my littany, I was fully correct and justified.
Having a little problem rationalizing your behavior, are you? First you go out of your way to crudely insult me, then you whine that I've insulted your intelligence, and finally you proclaim your foul-mouthed ravings were proper anyway. Maybe in your world, but I don't know any educated people who automat
Crudity != no education != no intelligence (Score:2)
I do
Re:Crudity != no education != no intelligence (Score:2)
And actually you were the first to start insults - I only started the vulgarity.
So on top of your other problems, you suffer from a very short memory. Here [slashdot.org] is my response to your original post and your reply. It seems pretty clear who was throwing insults. All I did was post two sentences of truth from a resident's perspective, no insult involved.
I'm rather happy with myself and my intelligence . . .
It's nice to see that you're pleased by the small things in life. :) NOW, I'm being insulting, just
Please remember his name during election time. (Score:5, Insightful)
Re:Please remember his name during election time. (Score:2)
Re:Please remember his name during election time. (Score:4, Interesting)
Re:Please remember his name during election time. (Score:1)
Re:Please remember his name during election time. (Score:5, Insightful)
Re:Please remember his name during election time. (Score:2)
Or, if you think otherwise, please explain to me how it is that noone is supposed to ignore the Law, but you consider acceptable that politicians whose job is to create new laws can ignore what they contain
Re:Please remember his name during election time. (Score:5, Insightful)
Re:Please remember his name during election time. (Score:2)
There's no law regulating what a legislator can propose as a bill, and neither should their be. To paraphrase MS, if they wanted to propose a bill requiring that all sales of operating systems involve a bologna sandwich, they should be free to do that.
Or, if you think otherwise, please explain to me how it is that noone is supposed to ignore the Law, b
Isn't it usually.. (Score:1)
political figures lying to get what they want, not the other way around. I wonder how he feels.
Hopefully this will send a message to others to understand the situation before blindly following the suggestions of [insert company name here] lobbyists.
What? (Score:1)
What is so unfortunate about killing off a bunch of piopolists in one stroke? What, did they get Sen. Starr to finally RTFL for him to realise that it was not just an "update to copyright law for digital management?"
Re:What? (Score:2, Informative)
So... (Score:5, Interesting)
Re:So... (Score:4, Interesting)
Re:So... (Score:5, Informative)
All of this can be found at our web site [tndf.net], so hopefully others won't start so quite from scratch.
In this case, save your money and spend some time; create your own tech-friendly lobby in your state, and begin monitoring this kind of stuff. It sucks to watch sausage get made, but if you don't get involved, you've got no one but yourself to blame. We're planning on starting a formal non-profit to continue fighting for the right to innovate with technology, and I recommend that other states do the same.
Re:So... (Score:5, Insightful)
First, plenty of face time with the legislators. Second, we were present and seated together every time the bill was brought up in a committee (after we learned about it). There were 10 of us present each time. Most other issues had nobody there who cared, so we got attention. This thing would have died weeks ago had we been there; it should have never gotten to this point.
This was difficult. I spent literally 40+ hours on "capitol hill" (it really is a hill here in TN) sitting in boring meetings, talking to representatives and senators, their aids, battling evil lobbyists, etc. This cost me money, cost my company money (my parking costs were nearly $100 over the last few weeks), and cost me a lot of time. It was worth it.
Mainly, pay attention to the bills that are being pushed in your state, and go fight them in every way that you can if they're stupid. Send a simple piece of paper to all relevant representatives and senators, with simple bullets that can be skimmed in 10 seconds or less (whole sheet). Anything helps, but don't email a stupid form letter.
We'll be talking more about this in the coming months, but the one thing to take away from this is that we need to band together and make it clear to slimy lobbyists and the elected representatives who listen to them that the tech industry is a bee hive that they don't want to mess with. We are huge ($600B annually in the US) and it's time we use our clout.
The war isn't over, but we won a major battle. I cannot wait to see the head shill with his tail between his legs. I hope he's in town on Tuesday.
Michael
Re:So... (Score:2)
Re:So... (Score:4, Insightful)
The problem is that the pro-DMCA folks will try again. And again. And again. In this venue and that. Turning words and phrases, but never really veering from their intended purpose.
The problem is that laws are easier to enact than to retract. The fact that this legislation made it as far as it did is unnerving. If this proposal had been rejected outright by the legislature, that might be different. But we see here that a small shift in the balance of power would result in this bill's enactment.
The problem is that the general population does not feel like issue such as this are important enough to sway their votes against advocates of such legislation. Unless they change their minds, it's only a matter of time...
Re:So... (Score:2, Interesting)
Hyper-DMCA Laws (Score:5, Funny)
Re:Hyper-DMCA Laws (Score:1)
Re:Hyper-DMCA Laws (Score:3, Funny)
Re:Hyper-DMCA Laws (Score:3, Funny)
Re:Hyper-DMCA Laws (Score:2)
You forgot Ludicrous-DMCA.
Re:Hyper-DMCA Laws (Score:2)
Will it go to plaid after that stage?
I think you also skipped past "Ridiculous DMCA."
Re:Hyper-DMCA Laws (Score:2)
Re:Hyper-DMCA Laws (Score:2)
Re:Hyper-DMCA Laws (Score:2, Redundant)
And then Ludicrous-DMCA!!
Oh, wait....
grnbrg
And finally... (Score:2, Funny)
Re:Hyper-DMCA Laws (Score:2, Funny)
Wow, good news for a change (Score:2, Insightful)
from happening.
Lots of good news lately... (Score:5, Interesting)
Do not confuse enforcement with overreaching (Score:2)
It is only in the arena of legislative and judicial overreaching where harm is done to society, where tec
nice guy?!?! (Score:3, Funny)
Re:nice guy?!?! (Score:5, Informative)
Maybe writing your congressman CAN help! (Score:5, Insightful)
> members) helped to stop this dangerous legislation. Good job!
Wow! I guess maybe one guy writing his congressman can make a difference! I'm glad that there are some sponsors of bills like this who don't supporting super-DMCA-type bills because they're eeeeeeeeevil, but because they simply don't recognize the consequences of their legislation and are willing to change when they realize what they're actually sponsoring. I'm also glad this senator apparently had a legislative aid with some sense to oppose the bill!
Re:Maybe writing your congressman CAN help! (Score:2)
So yes, one person sending an email can have an impact on a politician but it helps if the politician actually knows who that person is.
BFL
State politicians think locally (Score:3, Insightful)
They like monkey-business as much as the next politician, generally speaking, but at least they regard the individual consitituent as something powerful enough to listen to...
Re:Maybe writing your congressman CAN help! (Score:4, Interesting)
Well, I wrote to my State Senator about the Bill here in Texas and got a response like, "I received your e-mail and understand you are opposed to this Bill."
I then wrote to my State Representative, and wound up spending about 20 minutes on the telephone with him explaining just what the Bill was, how unnecessary it was and the damage it would do to the economy of the State by stifling the tech sector. I also talked with him about some of the privacy and civil liberties aspects of the Bill. I think he will oppose the Bill if it ever gets to the House floor.
So yes, one person who can write a well-reasoned e-mail to a Congressman can make a difference. Legislators have to act on hundreds of bills in every session. There is NO way they can be fully informed on the subject matter of every bill they consider. It is absolutely essential that their constituents who have special knowledge in various fields write to them and give them the benefit of that expertise or we will wind up with even MORE bad laws on the books than we currently have.
Response (Score:1)
Great start, BUT (Score:5, Insightful)
The lobbyists WILL be back next year, and the year after, and they'll keep telling bigger lies, and offering bigger bribes, until either they get their way, or the industries which fund them shrivel up. Or, perhaps, until we make such a big noise that the politicians decide that this is an untouchable issue.
Remember: the lobbyists only have to win ONCE in each state. We only have to get careless or complacent ONCE to let them win. This was good news, but the battle isn't nearly over yet.
We need to keep educating the unwashed masses, need to keep letter-writing campaigns going, and generally need to keep following up. We also need to volunteer in the re-election campaigns of the clueful few who are on the right side here. And tell other candidates why we chose to volunteer for Mr. Clueful instead of Mr. Other.
Those bribes from the lobbyists are only valuable to the legislators if they believe that the bribe can buy more votes than the legislation will cost them. When a lobbyist walks into a legislator's office and says: ``I'd like to talk to you about strengthening copyright ...'', the legislator needs to be able to point to a pile of letters on his desk and say: `` These letters are from voters who are on the other side, and I get a big stack like that every day. I'd like to help, but I can't afford to. Why, I'd loose half my campaign workers if I even listened to you!''
Taking the offensive? (Score:5, Interesting)
What would it take to start going on the offensive instead of the defensive, here? Can't special interests groups like the EFF lobby for the creation of laws protecting our rights to fair use, backups, reverse engineering, etc. so that *we* only have to win once?
I do understand we can't compete monetarily, but letting the general public know and understand these issues (instead of preaching to the choir and only publishing these types of things on a site dedicated to "news for nerds") could offset the problem. After all, I guess the only thing that can compete with campaign contributions is the actual swaying of public opinions at times of elections and, due to MPAA/RIAA/Blah propaganda, we are the minority.
I do understand that I'm probably being really naive here, not being a guy that keeps up with/understands politics well. Maybe someone who does can explain the problem and make a few useful suggestions to overcome it.
Re:Taking the offensive? (Score:2)
I think it would take the same things I advocated for going on the defensive: letters, grassroots efforts, volunteer time. If you're part of Mr. Congresscritter's support base, part of what gets him re-elected, he's going to listen, at least a bit. He's going to try not to hurt you on the issues you've told him are important (defensive), and he's going to try to at least make a show of helping you on them (offensive).
Tha
Re:Taking the offensive? (Score:2)
However, speaking from personal experience there are several things to take into consideration:
- lobbyists and extremists never give up. Oregon has had a state sales tax on the ballot EIGHT TIMES - and the people tha
Play on fears of communism! (Score:1, Interesting)
Get involved (Score:5, Insightful)
To not get involved is akin to not monitoring your servers and hoping all will always be fine. Then when it isn't fine, you just complain.
Waking Up (Score:5, Insightful)
Now if they public could only realize why they would benefit from undoing the last several copyright extensions as well.
And that legislative assistant may have called the MPAA lobbiest a nice guy, but I don't agree. He obviously lied about the bill to get it introduced. I'd never let that guy in my office again!
Politics (Score:2)
Why Owens Did This (Score:4, Insightful)
Well the economy sucks here, many people have been laid off, no new jobs, just like most places. He had to do this or he'd be out of a job too.
Re:Why Owens Did This (Score:2)
Not many people realize what a substantial presence tech has in Colorado. Sun Microsystems in Denver (where I work) for one, and HP in Fort Collins for another. Qwest and Level 3 are headquartered in Denver as well. A lot of people that visit Denve
Senator Starr (Score:3, Insightful)
Re:Senator Starr (Score:2)
Then we'd better turn out pretty much the whole US Congress next chance we get. Most of Congress did not read* the USA-PATRIOT act before it was passed.
(*) as reported at http://www.birdsall-law.com/usapatriot.htm
Democracy? (Score:5, Interesting)
The majority of Americans who's stock and trade crosses paths with the DMCA appear to be strongly against it - yet corporations still wine/dine/donate to these politations that we apparently elected to push such pro-police state laws.
Would it be fair to say that are elected officals only agenda is to do whatever the mega-corporation of the week has to say should be law?
Are there actually elected officals who are are looking out for the common person's liberties, and such? If so, why are there not more of them?
The people have spoken, we do not want a revamped DMCA - as we didn't even want the original DMCA... Yet the original DMCA passed??? That doesn't sound very democratic to me.
Re:Democracy? (Score:5, Insightful)
No. It would be fair to say that our elected officials' only agenda is to get re-elected. If mega-corp-of-the-week is more effective at aiding that cause than we are, they get to write the laws. If we're more effective, WE get to.
Are there actually elected officals who are are looking out for the common person's liberties, and such? If so, why are there not more of them?
Not many, and they won't be there long, unless the common people bother to find out who they are, and support them. We can support the good guys with money, but that won't go far if mega-corp-of-the-week decides to target them by funding their opponents. We can support the good guys by telling everyone we know WHY they're good. We can support the good guys with our time, by volunteering in their campaigns, year after year.
It's all either expensive, or time-consuming, or both. That's why the mega-corps (and the mega-unions) generally do better at getting their way than we do.
Old news. (Score:3, Informative)
Re:Old news. (Score:3, Funny)
Process workings (Score:5, Informative)
The take-home was that just typing up a short opinion and mailing it to your rep's office has a tremendous effect on the political process.
Re:Process workings (Score:2)
And you've opened up the argument against people who like to complain on
Seriously, thank you.
re: Process workings (Score:2)
Are (legible) hand written letters more likely to be seen and/or carry more weight than the standard boilerplate templates that automagically create the perfect sounding opinion?
When I write a letter to my congressman I have always recieved a response. Soon afterwards, my mailbox is crammed full of soliciations from organizations of all kinds wanting money. Now, as I just recently moved into my new apt, I know that they mu
Finally! (Score:3, Interesting)
As soon as I read the Legislative Assistant's e-mail, I sent a message to Senator Charles Starr thanking him for supporting citizen's rights over corporate interests. I also encouraged him to maintain that stance and to urge his colleagues to do likewise in the future.
Fellow Oregonians can follow my lead at the state legislature's home page [state.or.us]. I've realized that I should have had that link bookmarked for years.
One may make a difference... (Score:5, Interesting)
Thank you for weighing in on SB 213. I began studying it over the weekend
and have also referred to information available from the Electronic Frontier
Foundation. I must admit that this is an area with which I have little
familiarity, but the legislation could be problematic for the reasons you
address. I appreciate your taking the time to assist by bringing this to my
attention.
Please stay in touch.
Sincerely,
Mark Norris
Senator
-----Original Message-----
From: Tom Kirksey
Sent: Monday, April 21, 2003 8:04 PM
To: sen.mark.norris@legislature.state.tn.us
Subject: SB 213
Sir,
As one of you constituates, I wish to state my opposition to Tennessee
Senate Bill 213. The bill has some valid points, but the flaws outweigh the
possible good.
The bill is too broad and gives too much power to communications providers.
If taken to extremes, VCRs, network routers and other useful (you could say
essential) devices could be outlawed.
As an attorney, please take a few minutes to read through the bill and
imagine possible scenarios where the bill could be abused.
Thank you for your time.
Thomas Kirksey
and later:
http://www.tennessean.com/government/archives/0
Senator Norris wanted you to see today's coverage of yesterday's Senate Judiciary Committee's hearing. Thanks, in part, to your input, he had more questions to ask the sponsor than they could answer, and the bill will be taken up again in two weeks. Senator Norris shares concerns about the extent to which this proposal may infringe upon certain fundamental rights, including Due Process and Free Speech, and he will continue to work on it. He thanks you for your input and support.
with nice guys like those who needs bastards? (Score:4, Insightful)
I would think that deliberately misleading a legislator about the purpose of proposed legislation would disqualify a person from real niceness. Just my fringe opinion, I guess.
Yay! (Score:2, Funny)
Re:Interesting (Score:4, Informative)
Because the purpose of posting responses to articles is to foster meaningful discussion about the topic at hand. Since your post simply states that you do not find the subject matter 'interesting' enough to adequately comment on, it is extraneous and has been modded as such, much like this comment is fated. Don't take it personally.
Re:Interesting (Score:3, Insightful)
Re:Interesting (Score:2)
Thanks everyone!
Re:it saddens me that I live in Michigan (Score:2, Funny)
Notice the poor condition of Michigan roads; these conditions are a result of the barrels voting down on proper roadway budgets, increasing the need for repeated cheap repairs, which the barrels enjoy for leisurely activities.
The second largest voting majority would be the telecom representatives,
Re:Done 1 thing right (Score:2, Informative)
Re:oregon (Score:2)
It isn't black people from California - it's *all* people from California. Alas, too little, too late.
Max