Senator Hollings and the SSSCA

An Anonymous Coward writes: "You probably suspected some sort of "follow the money" thing was behind Sen. Fritz Hollings' support of SSSCA, the draft bill that would make using 'any interactive digital device that does not include and utilize certified security technologies' illegal in the U.S. This proposed law could effectively outlaw Linux and most Open Source software, depending on how judges interpret it. A NewsForge story details where Sen. Hollings' money comes from. Guess what? His biggest contributors are entertainment industry companies, their lawyers, and their lobbyists. The story also says Hollings and his staff refused to comment on the bill, and staffers the reporter talked to refused to even give their names." Newsforge and Slashdot are both part of VA Linux.

Comments

Version 2

[LordNimon]

Ok, thanks for all the feedback. I've incorporated all of it, and made a few other changes. Again, anyone is free to copy this letter, provided you make some changes so that at least it appears to be somewhat original. I'm still open to comments and suggestions.

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It has come to my attention that Rep. Fritz Hollings is introducing a bill titled the The Security Systems Standards and Certification Act (SSSCA). This bill will make it illegal to possess any computer device that allows unrestricted copying of digital data.

I have previously written to you about the Digital Millennium Copyright Act, a similar law which I believe to be unconstitutional. The DMCA makes it legal for corporations to develop technology that can limit or remove my fair-use rights under copyright law, but makes it illegal for me to use other technology to restore these rights.

The SSSCA takes this unconstitutional practice even further. The SSSCA makes it illegal to own a computer that does not have "security controls". If I purchase a computer, all of the hardware and software in that computer must comply with whatever access controls the media industry has created. Undoubtedly, the restrictions that these access controls impose will not be open for debate by the American public. The corporations will have total control.

The SSSCA effectively criminalizes the development and use of a type of software known as "Open Source." Briefly, programs classified as Open Source are written in such a way as to allow users to examine and, if they wish, modify the inner workings of the programs to suit their purposes. Security controls such as these could not be implemented in Open Source software because any programmer could easily remove them . You may be surprised to learn that a significant portion of the entire Internet runs on Open Source software.

Like the DMCA, the SSSCA does not guarantee that I will be able to exercise all of my fair-use rights with this new "approved" technology. Fair-use is about intent. I can duplicate any copyrighted work I want, provided my intent falls under the guidelines of fair-use. However, it is impossible for any technology to determine what my intent is.

The DMCA and the SSSCA are unnecessary, because the original copyright laws are sufficient for the digital age. They allow individuals to make personal copies of copyrighted works that they've legally obtained, but disallow mass distribution of those works. Unfortunately, the media companies are not interested in targeting only those people who violate copyright law. Instead, it's much easier for them to buy legislation that strips honest consumers of their rights.

I would like to direct your attention to an online news article about Rep. Hollings and the SSSCA. If you can, please pull up your web browser and visit

http://www.newsforge.com/article.pl?sid=01/09/20/2 047211

On this page, you can read how a reporter attempted to get some basic questions about the SSSCA answered from Rep. Hollings, but was instead met with resistance. Not only that, but investigations into the financial supporters of Rep. Hollings show that five of the top twenty soft-money donations come from media companies. These are the same companies that promoted the DMCA and would like nothing more than to completely eliminate the concept of fair-use from copyright law.

Draconian laws such as the DMCA and the SSSCA are getting out of hand. They prove to me that many of our so-called elected officials really answer only to commercial interests. I am opposed to any law that restricts my constitutional rights, and the SSSCA is definitely one of these laws. As an engineer, I feel that my rights are being slowly erased by politicians who don't understand technology. I am confident that you will take the right side on this issue. Don't let commercial media interests defile the constitution.