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MPAA Requests Immunity to Commit Cyber-Crimes

The news has been buzzing around for the last couple of days that Representative Berman, whose palm has been crossed with silver by the entertainment industry, would introduce a bill permitting copyright holders to hack or DoS people allegedly distributing their works without permission. Well, the bill has been introduced - read it and weep. Although the bill wouldn't allow copyright owners to alter or delete files on your machine, they would be allowed to DoS you in essentially any other way. Let me restate that: the MPAA and RIAA are asking that they be allowed to perform what would otherwise be federal and state criminal acts and civil torts, and you will have essentially no remedy against them under any laws of the United States.

353 of 1,049 comments (clear)

  1. Oh I get it.... by tacokill · · Score: 3, Insightful

    Ok, so its open season. Fine. Game on.

    1. Re:Oh I get it.... by microbob · · Score: 2, Insightful

      No doubt.

      How do they expect people to react?

      I will just push P2P netwoks into the next phase....

    2. Re:Oh I get it.... by jmccay · · Score: 2

      There must be some open source copyright's we can use against them to "protect our rights". Is the EFF a corp yet?

      Seriously, this will cause more internet trafic, and then people and companies can sue the entertainment industry for messing with there business. Hmmm... Would this mean AOL would have to sue itself on behalf of it users?

      --
      At the next eco-hypocrisy-meeting, count the private jets used to get to the meeting. Should be interesting to see that
    3. Re:Oh I get it.... by Jucius+Maximus · · Score: 2
      "How do they expect people to react?"

      I think if somebody put up a poll on slashdot about this, it would have the most unanimous vote of any poll in the site's history. (This is as long as you only consider polls that wern't rigged).

    4. Re:Oh I get it.... by ncc74656 · · Score: 3, Informative
      I can't wait until they accidentally attack Microsoft or IBM, or better yet, a hacker group. They can expect some major retaliation, legal or not. Maybe we can just contact their ISP and tell them to shut out the MPAA dnd RIAA.

      If you're using Linux 2.4, you can configure iptables to cloak your site. Determine what netblocks the ??AAs are using and use something like this to drop inbound traffic:

      iptables -A INPUT -s x.y.z.0/24 -j DROP

      While they might still be able to chew up bandwidth by dumping a ton of bogus traffic on you, it's not too likely they'd do that without determining that you have moviez and/or mp3z on your system. Your machine won't respond to their pings...if they're smart, they'll assume that your system is offline and not bother. I suppose a search in $P2P_SOFTWARE would still list the files you're carrying, but their attempts to download from you would also be unsuccessful. If they're smart, they'll assume that it's old data that's still cached somewhere and move on.

      (Note that I'm assuming a certain minimal level of intelligence on the part of the ??AAs. This may or may not be a valid assumption. Whether the assumption is valid is an exercise left to the reader.)

      --
      20 January 2017: the End of an Error.
    5. Re:Oh I get it.... by ShavenYak · · Score: 2

      This has gotten so messy that it reminds me of the Israeli / Palestinian conflict.

      Oof. I agreed with your post right up to here. No one is dying because of p2p file sharing. File traders aren't blowing themselves up in public places, and the MPAA/RIAA aren't launching missiles at apartment complexes. I understand what you meant by the analogy, but I don't think it's a very good comparison given the horrible loss of life over there.

      --

      Hey kids, there's only 5 days left 'til Yak Shaving Day!
  2. Unconstitutional on it's face by sconeu · · Score: 5, Informative

    If it applies only to big business (RIAA, MPAA, BSA), and not to joe sixpack, it's unconstitutional under the Equal Protection clause of the 14th Amendment.

    Oh, and this post is Copyright (c) 2002, by me, "sconeu". I reserve the right to search any and all computers for unauthorized reproductions of this post.

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    1. Re:Unconstitutional on it's face by carrier+lost · · Score: 5, Interesting

      Yeah!

      This article over at The Reg gives a satiric slant on that.

      Go get yur black hats, podners!

      MjM

    2. Re:Unconstitutional on it's face by crawling_chaos · · Score: 3, Insightful

      As long as it applies to any "copyright holder" then it will pass muster. The trick would be to then see to it that the RIAA or MPAA ends up illegally distributing some kiddies' copyrighted work, at which point that particular kiddie could DDOS the hell out of either organization.

      --
      You can only drink 30 or 40 glasses of beer a day, no matter how rich you are.
      -- Colonel Adolphus Busch
    3. Re:Unconstitutional on it's face by uncoveror · · Score: 5, Insightful

      It would still be the law until the Supreme Court rules it unconstitutional, if it passes. A lot of laws that are contrary to the constitution don't get challenged, so the Supreme Court can't strike them down. Hopefully, we can keep it from passing. It is time for everyone to start faxing their Congressmen. E-mail is too easy to ignore, and snailmail takes too long if it even gets there. When elections come around in November, anyone who supported this should be voted out. Slashdotters need to get politically involved.
      Also, consumers can boycott the movie and music industries. It is our money they use to bribe Congressmen and Senators. Don't give them any.

      --
      The Uncoveror: It's the real news.
    4. Re:Unconstitutional on it's face by colmore · · Score: 2

      You'd think so, but that argument probably won't work. America has, for a very long time, given corporations greatly preferential treatment over individuals.

      --
      In Capitalist America, bank robs you!
    5. Re:Unconstitutional on it's face by Lemmy+Caution · · Score: 5, Interesting

      The logic of the MPAA is succinctly summarized in the caption to their copyright information page: "Copyright: The Engine of America's Economic Growth." That sort of logic is difficult to battle - it was used to justify slavery, among other things, and is successfully used to justify continued environmental degradation. "What's good for GM is what's good for America" has underlied a lot of policy in the past century - it's why we bail-out financial institutions and airlines, why white collar criminals who have reduced thousands of people to poverty still get smaller sentences - if any - than people who shoplift a bicycle or sell a few joints.

    6. Re:Unconstitutional on it's face by MrResistor · · Score: 2

      So in other words, if the ??AA has a caching proxy server, and the kiddie has some reason to believe that someone accessed his work from inside the ??AA network, they are fair game.

      Talk about ill-conceived!

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    7. Re:Unconstitutional on it's face by dcgaber · · Score: 2

      This bill applies to every copyright holder. But therein lies some of the more farcical (and completely realistic) scenarios that can be envisioned.

      Osama Bin Laden owns the copyright and IP to his own image. Do you have a video clip of him on your computer? Well he would be able to hack in and destroy the file if he had a reasonable belief that you were harvesting his files.

      Wait, doesn't the US government have his image, perhaps on an NSA computer? Well that can be legally hacked.

      Clearly this seems far-fetched, but will be perfectly allowed in the plain language of the legislation. Why on earth would Congress want to pass a bill that will weaken cyber-security? This is the one of the best angles of attack, b/c no legislator wants to be perceived as weak on computer security.

      As an added irony, I note that Lamar Smith, author of the cyber-crime bill that passed earlier this weak (with only one dissenting vote) is a co-sponsor of this bill. So if I understand correctly, he authors a bill to give lifetime imprisonment to hackers, but also allows copyright holders to hack....mmm hmm, that is the consistency I love from our reps!

      Also note that in the definitions, p2p services that have a central server are exempted (carve out for AIM, nah couldn't be). However, the idea of a centralized server was taboo under the Napster case. So run a de-centralized server, be subject to this Berman Bill, run a centralized server, be subject to Napster (which would have been immune to this bill).

    8. Re:Unconstitutional on it's face by Tjp($)pjT · · Score: 2, Interesting

      Under Berne all the script-kiddie DoS scripts are copyrighted by their authors ... Thus they will have to come up with new DoS scripts on their own. If we patent all the methods (heck the patent office has let much worse through) then all the attacks will be protected IP and the MPAA and RIAA will have to violate copyright and / or patent protections to attack. Could we organise a suit against them based on representing "John Doe's" interests since the authors of the scripts are unlikely to come forward? Could we consider the attacks to be derivitive works based on the code in firewalls that protects against them? Just some random thoughts since if this law goes through, this discussion might be a crimminal conspiracy...

      Push the handle in the intended direction, just push it harder than expected.

      --
      - Tjp

      I am in wallow with my inner money grubbing capitalistic pig. ... Oink!

    9. Re:Unconstitutional on it's face by for(;;); · · Score: 2

      The proper way to do this is to organize a group of "copyright holders", and find vulnerable machines. Each copyright holder is allowed to do up to $250 worth of damage. So, do a round-robin destruction of data, documenting the incremental damage and assigning it to each copyright holder. People's lives and property can thus be ruined without liability.

      This is one way to cultivate opposition to a stupid law.

      --

      "Whatever happened to fair use?"
      -- Duff-Man
    10. Re:Unconstitutional on it's face by Lemmy+Caution · · Score: 2
      I'm not anti-corporate, when corporations compete fairly to produce the best product to meet demands, innovate, and employ people to do so. Corporations can be very efficient at that. I'm against corporate dominance of the political sphere, against the expansion of the fictions of intellectual property rights in order to increase corporate profits, against the idea that culture is increasingly and more tightly controlled as property, and I'm against the corporate encroachment of public and civic space. I'm against the idea that the corporate way is always the best way to do everything, and that profit trumps other considerations.

      The spirit of my quote is what's important, you're straining at a gnat.

    11. Re:Unconstitutional on it's face by Master+Bait · · Score: 2

      you are the one who misquoted, thoughtcrime.

      --
      "Only in their dreams can men truly be free 'twas always thus, and always thus will be."
      --Tom Schulman
    12. Re:Unconstitutional on it's face by dcgaber · · Score: 2

      Incorrect...perhaps that is not the "stated" purpose of the bill but those exceptionse refer to economic loss of any person other than the file trader OR economic loss of more than $50.00 per impairment...other than economic loss involving computer files or data made available through a publically accessible peer-to-peer file trading network that contain works in which the owner has an exclusive right...

      I believe I am reading this correctly as only preventing the removal of files that (a) someone other that the evil file trader, or (b) files that are not protected by copyright and would cause more than $50 per infringement. This is highly broad. And with the good faith exemptions written all over it, even these protections are pretty meaningless.

    13. Re:Unconstitutional on it's face by gorbachev · · Score: 2, Funny

      Re: DoS the FBI

      That would be poetic justice, but as I read the bill, it requires prior permission from The Department of Justice (Attorney General) at which point you would have to tell the court how exactly are you going to do the hacking.

      I don't think you would get permission to DoS the FBI, MPAA or RIAA...

      That doesn't, of course, prevent EVERYBODY from requesting such permissions from The Department of Justice. That'd probably be the easiest way to bog down this law...everyone REPEATEDLY requesting permissions to hack into everybody else's computers. Imagine the assholes processing 20,000 requests a day. Perfect!

      Proletariat of the world, unite to kill MPAA and RIAA

      --
      In Soviet Russia, I ruled you
    14. Re:Unconstitutional on it's face by Archfeld · · Score: 2

      not ALLOWED to due 250$, but NOT ALLOWED to even seek recompense unless you can PROVE 250$ damage :(

      Of course my bandwidth and server storage are already broken down by cost per MB/transfered and cost per MB/stored.

      --
      errr....umm...*whooosh* *whoosh* Is this thing on ?
    15. Re:Unconstitutional on it's face by Washizu · · Score: 5, Informative

      It is time for everyone to start faxing their Congressmen. E-mail is too easy to ignore, and snailmail takes too long if it even gets there.

      Contact your Congressman, although many don't have fax numbers on their website. You can always call.

      --
      OddManIn: A Game of guns and game theory.
    16. Re:Unconstitutional on it's face by Bonker · · Score: 5, Interesting

      It is time for everyone to start faxing their Congressmen.

      Here is the simul email/fax I sent today:

      Dear Representative Combest,

      Recently, your colleague, Representative Howard Berman from California, introduced a bill that would allow copyright holders such as movie studios, publishers, or record labels to take 'technological measures' against computer networks they suspect of violating their copyrights.

      These 'technological measures' are computer 'Denial of Service' or 'DOS' attacks, computer cracking, and other actions that are otherwise considered computer crimes. Right now, if an individual did the same thing that these content industries are asking to do via Berman's bill, he would be investigated by the FBI and put in prison for harming a computer network or a computer. These 'technological measures' are no different. Besides harming an individual's computer, who may or may not be guilty of copyright violation, they also harm Internet Service Providers, Universities, or any other business that is connected to the Internet. The bandwidth lost to 'Denial of Service'-type attacks doesn't affect just people the content industry suspects being guilty of copyright infringement, but everyone connected to the Internet by reducing the amount of bandwidth available for legitimate data.

      Worse, if these industries are allowed to start perpetrating these kind of attacks on individuals or companies, it will become impossible for computer administrators, police forces, or federal investigators to differentiate illegal attacks from sanctioned attacks. Computer 'hacking' and cracking will rise in frequency and volume simply because malicious criminals will be able to take advantage of the 'noise' generated by legal attacks.

      There is no difference between malicious computer attacks and the 'technological measures' proposed by Representative Berman. I urge you to oppose his bill in the strongest possible terms.



      --
      The next Slashdot story will be ready soon, but subscribers can beat the rush and slashdot the links early!
    17. Re:Unconstitutional on it's face by WEFUNK · · Score: 5, Insightful

      Boycotts, legal challenges, and voting people out are all fine after the fact, but the best way to stop this is to stick a real damaging spin on it before it becomes law. The usual anti-MPAA/RIAA and copyright rants probably won't win enough media interest in time to stop this, but politicians could be convinced if the "corporate vigilante immunity law" is lumped in with the recent accounting scandals.

      Write a letter or call your congressional representatives, senators, activists, and/or media outlets pointing out the audacity of big corporations to ask for special privileges and less accountability even in the face of the ongoing accounting and financial investigations. Ask them how we are supposed to trust big corporations with legal immunity from federal laws when we can't even trust them to tell the truth. Tell them that CEO's still just don't get it and that this proposed legislation is further proof that corporate lobbyists are out of control and out of touch with reality. Tell them that allowing corporations to legally unleash hackers on private citizens will be the first step on a slippery slope of immunity and abuse. Tell them that corporations can't be trusted to a lower standard than citizens - if anything they should be held to a higher standard.

      Ask candidates if they are planning to support legal immunity for greedy companies that take the law into their own hands or if they are going to take a stand against corporate excess and fight this latest example of abuse of trust. Ask them if they'll stand up for the little guy, or if they plan to let corporations get away with anti-consumer vigilante tactics. With a little suggestion and the upcoming elections in mind, somebody should recognize the opportunity to run with this issue and make it totally unpaletable before it ever passes.

      --
      My next sig will be ready soon, but friends can beat the rush!
    18. Re:Unconstitutional on it's face by dcgaber · · Score: 2

      This is not true for two reasons:
      1) the video was Osama's IP, it is not just an image and it was taken by him, not you.
      2) failing that, I refer you to this article an another topic, but relevant here:
      Lawyers unconnected to the case say it's a blurry area. Jonathan Band, an intellectual property expert in the District, says technically, Gore's speech was comparable to a theatrical production. "If he's taping it, he's infringing and copying her public performance."

      It seems like a strech, but technically, it can be done. You taking the video can violate IP, you having a video he took definitly could violate IP. Great system, eh?

    19. Re:Unconstitutional on it's face by realdpk · · Score: 2

      Oh, this will be easy for the *AA to fight. "You cost us $1,000,000 by allowing our content on your server. We cost you $250 in damages. Here's a bill for $999,750."

    20. Re:Unconstitutional on it's face by mpe · · Score: 2

      Incorrect...perhaps that is not the "stated" purpose of the bill but those exceptionse refer to economic loss of any person other than the file trader OR economic loss of more than $50.00 per impairment..

      Who would verify that figure. Considering that estimates for losses on computer systems vary from suspect estimates to complete fiction.

      .other than economic loss involving computer files or data made available through a publically accessible peer-to-peer file trading network that contain works in which the owner has an exclusive right...

      This appears to have a very big loophole. In that it would exempt any work where the copyright is held by more than one "person". A lot of material would fall into this catagory.

    21. Re:Unconstitutional on it's face by uncoveror · · Score: 2

      This is true of some, Like Senator Mitch McConnell of Ky, whom I will vote against in November. I Support his opponent, Lois Combs-Weinberg, but others are responsive. Representative Ken Lucas has responded to me, as has Senator Jim Bunning. When I lived in Ohio, Representative Rob Portman responded to me. I did not donate to them, nor was I affiliated with their party at the time. I am not ready to give up on Democracy. Those who have already given up help the bad guys like Mitch McConnel, Fritz Hollings, and Howard Berman get their way.

      --
      The Uncoveror: It's the real news.
    22. Re:Unconstitutional on it's face by Elwood+P+Dowd · · Score: 2

      > As long as it applies to any "copyright holder" then it will pass muster. The trick would be to then see to it that the RIAA or MPAA ends up illegally distributing some kiddies' copyrighted work, at which point that particular kiddie could DDOS the hell out of either organization.

      Better than that, even.

      So long as no actual damage to those RIAA and MPAA computers/networks is done, anything you might happen to download from their computers would be fair game. No harm/LITERALLY no foul.

      Have you ever wondered what kinds of internal emails or other docs might be avaiable to bolster cases of fraud, restraint of trade, etc. Now's your chance to find out, free of charge(s).


      Sorry, I'm too worried your AC post was never gonna get seen. This is exactly correct. When you decide to attack someone, you must simply *notify* the Attorney General. They can only stop you if you've got a *pattern* of infringing attacks. In order to prove that someone made an infringing attack, you must show that they *both* caused $250 damage, *and* had no reason to believe you were sharing files.

      This means, yes, fair game. Notify the AG's office, hack the RIAA, and as long as the damage you cause is under $250, they have no recourse. You even get to do it again. As often as you like. Now, they might suggest that it cost them $50,000 in consultants fees to close up the back door you might have used, but then again, so could their victims.

      Lets find out exactly the methods they intend to use so that we can't be liable for anything that they aren't liable for.

      --

      There are no trails. There are no trees out here.
    23. Re:Unconstitutional on it's face by Xenographic · · Score: 2, Insightful

      That's already (almost) been done--or was last time around. I remember reading how the 'right to virus' they asked for was voted down. If you want to kill this inane bill, just tell them how the MPAA wants to "hire hackers to terrorize anyone who might be guilty of copyright infringement and to not be held responsible for any computers they damage in doing so." Not quite 100% accurate, but most people don't know the difference between a virus & DDoS, so it's close enough.

    24. Re:Unconstitutional on it's face by thales · · Score: 2
      Oh that attitude is really going to help defeat this! If you want to win, instead of just making some feel good leftist statement you are going to need allies, and pissing off a large segment of the population by attempting to tie this in with your unrelated pet causes is only going to drive people into the MPAA/RIAA camp.

      --
      Quemadmodum gladius neminem occidit, occidentis telum est
    25. Re:Unconstitutional on it's face by Lemmy+Caution · · Score: 2

      How about you start worrying about pissing off me, instead of putting the onus on me? Nothing I said was ideological or unrelated. It was all related. We have a legislature that has been bought by corporate interests, and the creates the policy that the corporate interests wants. Not recognizing this is just asking for band-aid solutions. Those "pet" causes (like the environment, and fair use, and freedom to research) are frankly more important to me than whether I get to share files legally or not.

    26. Re:Unconstitutional on it's face by thales · · Score: 2
      Then go hug trees, and whatever else you want to do, just remember one thing, your boys in Congress are the ones pushing this crap. The Eco Congress Critters are the ones who have their lips planted on Hollywood's ass, because that's where they get their money. This was introduced by a Liberal Democrat, not a member of the GOP.

      --
      Quemadmodum gladius neminem occidit, occidentis telum est
    27. Re:Unconstitutional on it's face by thales · · Score: 2
      There are things that can be done. Like pointing out to your employer that this fool law opens your network up to a legal search by any "hacker" if he claims he was looking for his copyrighted material. Pointing out the same thing to your school's network admins if you haven't graduated yet.

      They might think this only concerns P2Ps, but the definition of a P2P is so broad it covers any damn server on the internet, and even if the definition was narrowed, any employee or student that installed a P2P on a box on your network would open your network to "inspection" to "insure" that the copyrighted material wasn't stored elsewhere on the network.

      --
      Quemadmodum gladius neminem occidit, occidentis telum est
    28. Re:Unconstitutional on it's face by sallen · · Score: 2
      As long as it applies to any "copyright holder" then it will pass muster.

      I disagree. IANAL applies, and I'd sure hope one chimes in. This is a case of an exception to criminal not civil statues on hacking, such statutes being under the perview and prosecution by the state. I would think any court would be loath to permit a specific exception by a class to criminal statutes. To my knowledge, the only exceptions permitted are those written into the Constitution to insure the separation of the three branches of government. The MPAA/RIAA does not and should not qualify.

    29. Re:Unconstitutional on it's face by Washizu · · Score: 2

      I just posted the letter I sent to my representative.

      --
      OddManIn: A Game of guns and game theory.
    30. Re:Unconstitutional on it's face by Lemmy+Caution · · Score: 2

      I'm not some partisan robot. For one thing, Alaska's republicans are better environmentalists than, say, Texas' democrats. I voted for Tom Campbell over Dianne Feinstein. I don't know whether I would vote for this guy or not, even if he was on the Hollywood payroll - if his opponent were David Duke, or Bob Dornan, I probably would; if it were Campbell or McCain, probably not. I don't hug trees - I'm an environmentalist, not a fanatic, so save your caricatures for yourself.

  3. Holy Cow. by Icepick_ · · Score: 3, Insightful

    If you've been living under a rock, now is the time to realize how deep it really is in Washington now.

    This is complete and utter bullshit. My money stays home if this passes. Anyone read any good books lately?

    1. Re:Holy Cow. by SpotBug · · Score: 2, Funny


      Anyone read any good books lately?

      Is that still allowed?

      --
      cygnuhchur
    2. Re:Holy Cow. by shren · · Score: 2

      Moo.

      --
      Maybe the state's highest function is to grind out insoluble problems. (Zelazny, Hall of Mirrors)
    3. Re:Holy Cow. by Kanon · · Score: 2
      Is that still allowed?

      Give it time.

    4. Re:Holy Cow. by zerocool^ · · Score: 2

      The Sword of Truth (currently boob five)

      Must be a romance.

      ~Will

      --
      sig?
  4. What this might mean..... by Captain+Pedantic · · Score: 5, Interesting

    The Register is actually looking forward to this becoming law!

    --

    None are more hopelessly enslaved than those who falsely believe they are free. Johann Wolfgang von Goethe.
    1. Re:What this might mean..... by MrResistor · · Score: 2

      The best part is that he's right. If the court decides that, for whatever reason, the law doesn't protect him, then he's got a legitimate Constutional arguement against it based on the 14th Amendment. It's beautiful.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    2. Re:What this might mean..... by bwt · · Score: 4, Interesting

      The bill requires you to notify the DOJ before you hack. The DOJ will serve an oversight role (translation: the DOJ will decide which criminal activity has donated sufficiently to the powers that be).

      In practice the DOJ will say no to the little guy by stating some procedural BS reason. You may then sue the DOJ to have their decision reversed, but that will take forever and all that will result is that the law "as applied" might be struck down.

    3. Re:What this might mean..... by B.+Vhalros · · Score: 2, Informative

      Although the Register's take on this is amusing it is incorrect. This bill only allows technical messures to be used against "publicly accessible peer-to-peer file trading network". So, you couldn't go rifling through the MPAA's stuff looking for your files. You also have to give the DoJ seven days notice, and tell them what specific technical mesure you intend to use. Mind you, this bill is still stupid.

    4. Re:What this might mean..... by realdpk · · Score: 3, Insightful

      The DoJ doesn't have to approve what you do (yeah, I did read the bill to check), you just have to notify them. I guess if they don't stop you in 7 days, nobody will.

      By the way, since I assume you're on the Internet, you should probably know that the entire Internet falls under the definition of "publicly accessible peer-to-peer file trading network".

      I quote:
      "(2) 'peer-to-peer file trading network' means two or more computers which are connected by computer software that (A) is primarily designed to (i) enable the connected computers to transmit files or data to other connected computers (ii) enable the connected computers to request the transmission of files or data from other connected computers; and (iii) enable the designation of files or data on the connected computers as available for transmission; and (B) does not permanently route all file or data inquiries or searches through a designated, central computer located in the United States"

      In other words, you are on a peer-to-peer network if you use your computer's web browser (software) to connect to the MPAA's web server (another computer). You're presumably doing so primarily to transfer files from them (HTML, images). They're also able to "request" files from your computer (cookies).

      There is no "designated, central computer" located anywhere. I can't guess what they could have meant there. Maybe in a future bill they'll create a directory of "designated, central computers."

    5. Re:What this might mean..... by mpe · · Score: 2

      The bill requires you to notify the DOJ before you hack. The DOJ will serve an oversight role (translation: the DOJ will decide which criminal activity has donated sufficiently to the powers that be).

      Sounds like it's more "get prior approval from". If it were simply a case of "notify" you could just send them a memo saying who and when you were going to attack. (Possibly also including details of the copyright work you suspected they might be infringing.)

  5. Fair Warning by Anonymous Coward · · Score: 3, Interesting

    "And someone said, 'Fair Warning, Lord.
    The young man gone to town.
    Turned from hunted into hunter.
    Gone to hunt somebody down.'"
    -Van Halen

    1. Re:Fair Warning by ruszka · · Score: 2

      How is that offtopic? *scratches head* Sounds like a good analogy to me.

  6. and then ... by tandr · · Score: 2, Funny

    ... all the hell will break loose when Lucent Bell Labs will DoS all unix machines? Or virus writers will do DoS legaly -- "It is my virus, they stole and DISTRIBUTE it!!".

    and then just wait till MS would do DoS to these nasty pirates...

  7. Not just any crime... by aronc · · Score: 4, Insightful

    As of a few days ago if citizen do these same things they can be considered terrorists and subject to a maximum sentance of life in prison. Now who again is being helped by our lawmakers now?

    --

    jello.
    aka aron.
    1. Re:Not just any crime... by anthony_dipierro · · Score: 2

      As of a few days ago if citizen do these same things they can be considered terrorists and subject to a maximum sentance of life in prison.

      No... You can get life in prison for recklessly causing someone's death, not for "disabling, interfering with, blocking, diverting, or otherwise impairing the unauthorized distribution, display, performance, or reproduction of [a] copyrighted work"

    2. Re:Not just any crime... by AntiNorm · · Score: 4, Insightful

      As of a few days ago if citizen do these same things they can be considered terrorists and subject to a maximum sentance of life in prison.

      "As of a few days ago"? The Patriot Act is still in full effect, is it not? What this all means is that if they get their way (when do they not?), corporations can hack/DoS you all they want, but if you return fire in any way, you're a fucking TERRORIST.

      IMHO, anybody who would even consider passing or proposing anything like this is far more of a terrorist than any John Q. Mp3trader ever could be. It pisses me off to no end that corporations could even think of doing crap like this, and that our government would let it happen. Oh, corporate interests can do this to anybody they don't like, but private citizens are treated as terrorist scum if they even think about doing it. The Constitution is being defecated upon in the name of corporate interests and big money.

      Double standards annoy me as is. But to make a distinction between being perfectly legal and being an Osama Bin Laden in training just because of how much money you have is the dumbest fucking thing I have ever heard.

      --

      I pledge allegiance to the flag...
      of the Corporate States of America...
  8. Immoral acts by SpatchMonkey · · Score: 2, Flamebait

    But otherwise illegal acts are already carried out by ruling organizations - this already happens and is endorsed on a much wider scale.

    For example, the death penalty for serious crimes. It's murder - except when the government do it!

    And just look at religion. One of the commandments in Christianity is "you shall not murder". How hypocritical when their own god went and meticulously tortured and killed sections of a whole race of people (the Egyptians.)

    Don't be shocked about this. There are many, many occurances of the same sort of thing to show that history does indeed repeat itself.

    1. Re:Immoral acts by why-is-it · · Score: 2

      Yet there are other commandments to further this one that say, "If you do THIS, you are to be put to death".

      Could you provide us with an example or two to support this claim?

      You are obviously either unlearned, or repeating things without thinking them through.

      Ad homenim attacks will not invalidate the previous post or make your argument any stronger.

      I think that the original poster had a valid point and you do not offer any real refutation. IIRC, the commandment says "Thou shalt not kill." Are there any footnotes or subsections to explain the situations where the commandment does not apply? I am no theologian, but I don't think that Christianity, Islam and Judaism support the notion of situational ethics.

      There may be circumstances where killing another human being may be necessary, but that does not necessarily make it a morally correct act in and of itself.

      --
      *** Where are we going? And what's with this handbasket?
    2. Re:Immoral acts by Graspee_Leemoor · · Score: 2

      "And not just the men, but the women and the children too. They were like animals, and I slaughtered them like animals. I hate them!"

      -- from the Holy Scriptures

      graspee

    3. Re:Immoral acts by jcr · · Score: 2

      Not to be hyper-sensitive, but Mormons are Christians.

      If there are any priests reading this, could they advise us on whether Mormons are Infidels or merely Heretics?

      Thanks,

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
  9. Corporations fuck Americans, news at 11 by Anonymous Coward · · Score: 5, Interesting

    I wonder at what point the revolt will happen. Something tells me it will be when it's far too late, and anybody trying to be proactive about it will be called a terrorist or something.

    When will the American people wake up? It's so blatantly obvious to the rest of the world that your corporations are out of control. When are you going to finally realize it's time to put a leash on them?

    1. Re:Corporations fuck Americans, news at 11 by Master+Bait · · Score: 2

      Not only do they fuck Americans, but these corps are spreading to other countries and there are many copycat laws attempted which put the same chains on other citizens.

      --
      "Only in their dreams can men truly be free 'twas always thus, and always thus will be."
      --Tom Schulman
    2. Re:Corporations fuck Americans, news at 11 by MillionthMonkey · · Score: 3, Funny

      When will the American people wake up? It's so blatantly obvious to the rest of the world that your corporations are out of control. When are you going to finally realize it's time to put a leash on them?

      We have more important things to worry about. The evil liberals took God out of the Pledge of Allegiance!!!

  10. new p2p scheme by Afrosheen · · Score: 3, Interesting

    Where will all of this end? Does the MPAA/RIAA actually need the right to attack individuals over the internet for having an mp3 of Stairway to Heaven on their pc? Is there anything dsl/cable/whatever providers can do to protect their customers from this?

    More questions and a film at 11.

    1. Re:new p2p scheme by macdaddy · · Score: 5, Interesting

      Sure there is. If it passes I'll be blacklisting every RIAA and MPAA netblock I can find. I'd also nominat the for an RBL listing due to the DoSing attempts from their netspace and their disregard for abuse@ mailings. They can't DoS my customers if they can't get past my border router. If they still flood me as a business, I'll sue for damages. :-)

    2. Re:new p2p scheme by why-is-it · · Score: 2

      Is there anything dsl/cable/whatever providers can do to protect their customers from this?

      All the more reason to protect your network with a firewall, or run firewall code on all your PCs. If your firewall is configured so as to drop all connections that were not initiated by systems on the secure network, that would go a long way to protecting yourself.

      Of course, I think everyone should be firewalled in the first place. That's my $.02 anyways.

      --
      *** Where are we going? And what's with this handbasket?
    3. Re:new p2p scheme by JWW · · Score: 2

      It will end when the MPAA/RIAA have no customers left and go out of business.

      The general discord with the economy now is directly related to the widespread belief that companies (and their execs.) are above the law. Not until corrupt execs. are jailed will the stock market fully recover. Thing like this just serve to make people more skeptical of big business.

      I still believe that more corporations are cooking the books and there are more crooked execs. out there than the news has even imagined.

      But of course congress is just going to claim to solve the problem with new laws (note not convictions of wrongdoers with currnet laws, but new laws). Then they'll try to pass crap like this to give certain corporations ultimate power. It isn't going to wash, and the market (and thus the economy) will really pay the price.

    4. Re:new p2p scheme by okmijnuhb · · Score: 2, Insightful

      It ends when you participate in your democracy, contact your representatives, and don't allow it to happen.

    5. Re:new p2p scheme by Afrosheen · · Score: 2

      Silly rabbit, representatives don't listen to constituents, they listen to big corporate and special interest payoffs. ...ahh to be young and naive again. :)

  11. Of course this will be fought by Jucius+Maximus · · Score: 2, Interesting
    One good thing is that it will force rank and file senators to open their eyes and learn about what is really going on on the internet and learn something about technology and about how the MPAA and RIAA operate.

    If they do not do this, then is it not true that they have proven that they (the senators) are no longer protecting and standing by the principles upon which the united states of america's constitution was written?

    What's the purpose of having the right to bear arms again? (rhetorical question)

  12. Good bye internet... by eyepeepackets · · Score: 3, Interesting

    ...hello again Fidonet, old friend. How you be? Here, let me help you with that (whatever.)

    This had better not pass into law because it's an open invitation to civil war on the net. I can't believe such stupidity makes it this far in Congress, no, wait, yes I can believe it in the context of UCITA, DRM, etc., etc., seemingly ad infinitum.

    --
    Everything in the Universe sucks: It's the law!
    1. Re:Good bye internet... by DataPath · · Score: 2

      minor correction - ad infinitum should be ad nauseum

      --
      Inconceivable!
    2. Re:Good bye internet... by eyepeepackets · · Score: 2


      Heh, you're right, but I shoulda used both to be entirely correct. :)

      Cool UID, btw. Just luck of the draw?

      --
      Everything in the Universe sucks: It's the law!
    3. Re:Good bye internet... by BrookHarty · · Score: 2

      This had better not pass into law because it's an open invitation to civil war on the net.

      Humm, that would be a good thing for Homeland security and the cyber cops. Now they could be put to good use. They need to justify the budget for some reason, you cant keep yelling terrorists forever.

    4. Re:Good bye internet... by eyepeepackets · · Score: 3, Insightful

      Yeah, this is so disgusting. I'm embarassed for our entire nation and how this makes us, the USA, look to the rest of the civilized universe (the Register article is a good example how others are viewing this.) These Congress clowns have institutionalized graft via campaign contributions and don't care that they aren't serving the common good, they even flaunt it in our faces with this kind of crap. Doesn't seem to matter if they're Dems or Pubs, we get the same results regardless. Almost every one of them has been bought by someone or another.

      I'm fed up with this BS to the point of supporting publicly-funded campaigns. Anyone running for elected office who takes so much as a penny either directly or indirectly from anyone else (business or individual) while running for or serving in elected office wins a minimum ten year "office" with Jerome, the ButtBuddy from Hell, cell block#. This means hard time in a standard prison, not some cushy "Club Fed" type facility with golf courses, tennis courts, etc.

      They should also be prohibited by both law and severe penalty from going to work (directly or indirectly) for any company or in any industry which gained favor by a bill submitted, co-authored, co-sponsored, or voted favorably on. Lastly, they should never, ever be allowed to work lobbying for any company or industry before the elected body in which they served.

      Sorry for the rant, but I'm really steamed. Here's the dictionary.com definition for graft.

      graft (2)
      n.

      Unscrupulous use of one's position to derive profit or advantages; extortion.

      Money or an advantage gained or yielded by unscrupulous means.

      tr. & intr.v. grafted, grafting, grafts

      To gain by or practice unscrupulous use of one's position.

      --
      Everything in the Universe sucks: It's the law!
    5. Re:Good bye internet... by eyepeepackets · · Score: 4, Interesting

      You ever see the movie "Brazil?" Not the horrible horked version, but the director's cut (Terry Gilliam.) If not, you're really missing something great. Anyway, at the beginning of the film there's a short scene where a national government official is being interviewed on television and the subject is his government's war on terrorism. Here's the dialog from a draft script, the movie has very minor differences:

      INTERVIEWER: Deputy minister, what do you believe is behind this recent increase in terrorist bombings?
      HELPMANN: Bad sportsmanship. A ruthless minority of people seems to have forgotten certain good old fashioned virtues. They just can't stand seeing the other fellow win. If these people would just play the game, instead of standing on the touch line heckling -
      INTERVIEWER: In fact, killing people -
      HELPMANN: - In fact, killing people - they'd get a lot more out of life.
      INTERVIEWER: Mr. Helpmann, what would you say to those critics who maintain that the Ministry Of Information has become too large and unwieldy ...?
      HELPMANN: David ... in a free society information is the name of the game. You can't win the game if you're a man short.
      INTERVIEWER: And the cost of it all, Deputy Minister? Seven percent of the gross national product ...
      HELPMANN: I understand this concern on behalf of the tax-payers. People want value for money and a cost-effective service.
      INTERVIEWER: Do you think that the government is winning the battle against terrorists?
      HELPMANN: Oh yes. Our morale is much higher than theirs, we're fielding all their strokes, running a lot of them out, and pretty consistently knocking them for six. I'd say they're nearly out of the game.
      INTERVIEWER: But the bombing campaign is now in its thirteenth year ...
      HELPMANN: Beginner's luck.
      INTERVIEWER: Thank you very much, Deputy Minister.
      HELPMANN: Thank you, David ... and a very merry Christmas to you all.

      --
      Everything in the Universe sucks: It's the law!
    6. Re:Good bye internet... by eyepeepackets · · Score: 2

      I just did a quick scan of the Constitution and the First Amendment and I don't see what your point is, please explain.

      --
      Everything in the Universe sucks: It's the law!
    7. Re:Good bye internet... by mpe · · Score: 2

      These Congress clowns have institutionalized graft via campaign contributions and don't care that they aren't serving the common good, they even flaunt it in our faces with this kind of crap. Doesn't seem to matter if they're Dems or Pubs, we get the same results regardless. Almost every one of them has been bought by someone or another.

      In many places limits are placed on how much money candidates can spend. Which can easily nullify any financial advantage a rich candidate or member of a rich political party might otherwise have. Problem is that this won't fly in the US (unless someone can get the Supreme Court to change their position.) Thus all attempts are on restricting "contributions" which dosn't appear to do much good in practice.

      I'm fed up with this BS to the point of supporting publicly-funded campaigns. Anyone running for elected office who takes so much as a penny either directly or indirectly from anyone else (business or individual) while running for or serving in elected office wins a minimum ten year "office" with Jerome, the ButtBuddy from Hell, cell block#. This means hard time in a standard prison, not some cushy "Club Fed" type facility with golf courses, tennis courts, etc.

      It's far easier to audit how much someone spends (and what assets they have) than to try and control how much they are being given by a third party. There are also further complications if the person in question is married.

      They should also be prohibited by both law and severe penalty from going to work (directly or indirectly) for any company or in any industry which gained favor by a bill submitted, co-authored, co-sponsored, or voted favorably on.

      If they favoured a bill which generally benefited the enconomy wouldn't that make them unemployable? At what point do you draw a line with an indirect connection.

      Lastly, they should never, ever be allowed to work lobbying for any company or industry before the elected body in which they served.

      Maybe less attention should be paid to full time lobbiests in the first place.

  13. In other news by BagOBones · · Score: 5, Informative

    The Canadian Private Copying Collective wants more of your money.

    On top of raising existing levys, they want to tax any media that can store copyrighted material. This includes Hard drives and Flash media. While the MPAA is crashing your computer in the US the CPCC is robing you blind every time you buy recordable media.. And how much are the artists getting??? According to reports, after 2 years of the levy being collected NOTHING has been paied to ANY artist.. Theroy has it they are spending all the money lobying for higher levys.

    http://www.sycorp.com/levy/index.htm

    --
    EA David Gardner -"... but the consumers have proven that actually what they want is fun."
    1. Re:In other news by mpe · · Score: 2

      Anyway, the levy is pure shit. I agree that the artists should get payed for their music, but not like this. The thing I hate most about this is they are being complete assholes about this and just upping the rate and scope of the tax every year so that it will be seem to be less extreme. I call that sleaze.

      How much of this money actually goes to artists. If it's anything like the regular record industry accounting they'll probably end up owing money to the people doing the collecting.

      Personally, I will never buy any media with this new tax. I will get my stuff shipped from the US or any other country that doesn't have the tax. Even if the cost of shipping is more, I will still get it shipped over just out of principle. I refuse to pay such draconian taxes.

      At least until those concerned have a word with Canadian customs.

    2. Re:In other news by quintessent · · Score: 2

      I'll be out in Toronto selling Rolexes and hard drives, if anyone needs one. Just look for the guy in the big black coat.

  14. Re:What's the big deal? by Nidhogg · · Score: 3, Interesting
    Not everyone feels there's no harm in doing it. I don't see the sense in it in any circumstance.

    I think it's the duplicity that the government is showing is what everyone has a problem with.

    "DoS'ing people is bad. Bad bad bad bad bad. Oh wait a minute... except for them."

    It's just another instance of someone trying to have it both ways.

  15. How low? by Bonker · · Score: 4, Insightful

    MPAA - 'Can we have immunity from laws designed to protect the computer infrastructure and commit damaging acts against networks and computers that don't belong to us?' - Pending

    John Ashcroft and Federal LEO's - 'Can we have immunity from the fourth ammendment and commit invasion of privacy against americans?' - Denied up until 9-11, then granted, despite the fact that they already had information about the WTC attacks. Permanent acception is pending the Patriot act's expiration date.

    George Bush and Oil Industry CEOs - 'Can we have immunity from laws protecting the environment and virgin wilderness in order to increase our profits and control of the energy industry by drilling in Alaskan wilderness and completely ignoring global warming and any other environmental concerns that are too expensive for us to worry about?' - Pending.

    What's next?

    Preists - 'Can we have immunity from laws protecting children from molestation and rape so we can get our jollies with 9 year olds?'

    Corporate Executives - 'Can we have immunity from laws protecting our investors and the general public so that we can pad our pocketbooks and live lives of luxury?'

    Police - 'Can we have immunity from laws protecting citezens from police brutality so that we can beat, maim or kill with impunity?'

    The Rich - 'Can we have immunity from laws protecting people from slavery and oppression so that we can further entrench our selves in oligarchy and profit from the abuse of our fellow humans'?

    --
    The next Slashdot story will be ready soon, but subscribers can beat the rush and slashdot the links early!
    1. Re:How low? by endoboy · · Score: 3, Insightful

      P2P networks - "Can we have immunity to steal intellectual property, as long as we call it "sharing""?

    2. Re:How low? by Zathrus · · Score: 3, Insightful

      Well, let's not forget the left wing version of all of this:

      Poor - 'Can we have immunity from our own stupid decisions and lack of self motivation so that we can continue to live off the fruits of other people'?

      I happen to agree, by and large, with the first two allegations you make. The rest is no more than left wing baiting in my opinion. And before you whine that I'm a right wing asshole, you're wrong. I'm about as moderate as it gets. Rhetoric too far to either side disgusts me with the lack of intelligence it exhibits.

    3. Re:How low? by loraksus · · Score: 2

      Thats right. Congressclowns spend an average of $450,000 a year to get "elected" to a position that pays 150,000 a year. Hm. . .

      --
      1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
    4. Re:How low? by jafac · · Score: 3, Interesting

      George Bush and Oil Industry CEOs - 'Can we have immunity from laws protecting the environment and virgin wilderness in order to increase our profits and control of the energy industry by drilling in Alaskan wilderness and completely ignoring global warming and any other environmental concerns that are too expensive for us to worry about?' - Pending.

      IIRC - the Arctic National Wildlife Preserve has nothing at all to do with global warming. Whether they drill there or not doesn't make one bit of difference in the overall global warming picture. All drilling up there is going to do is kill a bunch of endangered (or soon to be endangered) species, which are pretty crucial to the ecosphere up there, which is already on the verge of collapse due to effects of global warming which has already happened. So basically, it doesn't really matter whether they drill up there anyway. Those animals are already living on borrowed time. Pity.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    5. Re:How low? by gilroy · · Score: 5, Insightful
      Blockquoth the poster:
      P2P networks - "Can we have immunity to steal intellectual property, as long as we call it "sharing""?
      Leaving aside the fact that copyright infringement != stealing, let's see. Do we let convenience store clerks take guns into the apartments of people they think might rob the Kwiki-Mart? Do car owners get to blow up suspected car thieves? Does the local mall have the right to cut off your hand because, hey, that Gap shirt might have been stolen?
    6. Re:How low? by mpe · · Score: 2

      P2P networks - "Can we have immunity to steal intellectual property, as long as we call it "sharing""?

      Copyright infringment isn't "stealing", no matter how often corporate publishers might want it called that. Which is certainly something they don't want when (not if) they themselves infringe someone elses copyright or enguage in copyright fraud.

    7. Re:How low? by Wah · · Score: 4, Insightful

      Can we have world wide network to promote our music (that we created) without having to pay a tax to the RIAA?

      --
      +&x
    8. Re:How low? by Snaller · · Score: 2

      Music and Film Industry - "Can we invent something we'll call Intellectual Propery which means we can keep getting money over and over and over and over, and not just once like decent people do?"

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    9. Re:How low? by Zathrus · · Score: 2

      To wrap up, to villify the poor is stupid and groundless

      Agreed. It was a far right reaction to the far left crap in the prior post.

      That sitution, while distant from today, does have some minor parralels in 21st century life and is still very real in the 3rd world...

      Well, I don't believe either the OP or myself were talking about the 3rd world. Other countries are an entirely different ballgame -- and the problems are so endemic I don't know an easy solution. It's not just feeding them money, or refusing to feed them money, or anything simple. There are economic, political, and social issues all feeding off one another and causing vicious cycles.

      Are there issues with the current US politoeconomic system? Sure. There always are. But it's still the best system found to date, and incremental adjustments will continue to improve it.

      Assuming, of course, the politicians and fat cats don't ruin things first...

  16. The Repo precedent by Gorimek · · Score: 2

    This reminds of reposession, where the repo man can legaly break into peoples home to take back a car or TV they're not keeping up payments for.

    I don't really have point other than to point out the similarities. Discuss.

    1. Re:The Repo precedent by banky · · Score: 2

      OK, I will discuss. The difference I see is that the repo man can't do any of that without:
      1)extensive documentation
      2)following through a well-documented, legally proven procedure

      You can't get repo'd cause you miss a payment. You have to go through steps before you can legally do all that stuff. I even understand one of the last steps of the process is, "OK, so-and-so, if you don't at least make an attempt to work with us, we're going to send someone over to get what is ours. You may avoid this by contacting us."

      This is less formal, and less codified, if I understand everything correctly. They can come after you the second they catch you - or think they catch you.

      Granted, to the MPAA it's more like stopping a bank robbery.

      --
      ZOMG I WOULD LOVE TO KNOW ABOUT YOUR FEELINGS ON MACINTOSH VERSUS WINDOWS, VI VERSUS EMACS, AND HOW YOU'RE NOT A DORK
    2. Re:The Repo precedent by interiot · · Score: 2

      Well, the repo laws are UCC section 9, part 5.

    3. Re:The Repo precedent by DunbarTheInept · · Score: 2

      The repo man has proof you are the one who bought the car, and can show that the payments are missing. Therefore he can gather appropriate evidence ahead of time to prove he's in the right. The MPAA has worded this bill so that all they need is suspicion, whatever the hell that means, without really needing to back up their claims.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    4. Re:The Repo precedent by karlm · · Score: 2
      Some minor disruptive (and posibly slightly destructive) action (taking of the property from the holder) is allowed in order to perform a constuctive action (make it available to others such as the original seller or other potential buyers). This is not the case with a DoS or cracking attempt. Their end goal is disruption. This should not be allowed in an orderly society. It's like allowing me to brawl with some guy 'cause he insulted my GF. Sure it discourages some minor disruptive act, but it produces more disruption.

      Let me also point out that copyright infringement is not theft or defaulting on payments for physical goods with non-negligible per-unit production costs. Cracking and DoSing do not directly benefit the copyright holders. The U.S. does allow for punative disruption, but as part of a government-assigned sanction. Allowing the RIAA to crack or DoS your machine if they think you are trading Britney Spears songs is like letting the bank send hooligans to dynamite your driveway to keep you from using the '72 Pinto in your garage that you haven't made payments on since Regan. If you allow society to disrupt itself, you are shooting yourself in the foot.

      Copyright infringement is copright infringement, not swiping a purse or forcably taking over a seagoing vessel. Calling copyright infrngement theft or piracy just confuses the issue.

      If we look at laws from a purely utilitarian perspective, we want to maximize pubic good, so we artifiacially limit production (by intelctual property laws) in an optimal way to maximize creative output. Too limiting and production of the content we have goes to zero, too unrestraned and nobody creates anything because the markets are already flooded with copiesof everything else.

      I like to liken the RIAA and MPAA to the cottage industries durring the industrial revolution. The luddites smashed factories in order to preserve their industry. However, society was bestserved by them being employed elsewhere and the factories doing their old jobs much more efficiently. The MPAA and RIAA would not like to find other means of making a living, but would rather smash the ultra-efficient internet information factory in favor of their DVD/CD presses and tractor-trailer rigs full of media. Society is much better served by the MPAA and RIAA moving on to more modern livelyhoods such as a service or value-added model. Unfortunately, this time arround, the authorities are arresting the efficientfactory owners instead of the luddites.

      --
      Copyright Violation:"theft, piracy"::Anti-Trust Violation:"thermonuclear price terrorism"<-Overly dramatic language.
  17. Loophole by Nomad7674 · · Score: 3, Interesting
    One of the "exceptions" listed to the immunity (i.e. if this condition is tripped, then they ARE liable) is:

    (C) causes economic loss of more than $50 per impairment to the property of the affected file trader, other than economic loss involving computer files or data made available through a publicly accessible peer-to-peer file trading network that contains works which the owner has exclusive rights granted under section 106;

    So if you managed to place the files in question on a server which also had some commercial purpose (say, hosting images for an eBay auction) might this trip the $50 limit and allow prosecution or civil action? I am only the son of a lawyer and not one myself, but this seems like a low threshhold for such a bill

    1. Re:Loophole by kabir · · Score: 2

      As it turns out you can't seek remedies unless the damage is greater than $250 - keep reading. The disparity doesn't make sense to me, but then again neither does the sentiment behind the bill.

      --
      Behold the Power of Cheese!
    2. Re:Loophole by Dymus · · Score: 2, Interesting

      The proposed Section 514(b)(1)(B) seems like the more interesting portion which apparently disallows the corporation from causing an economic loss to any person other than the file trader. The definition of "file trader" doesn't seem to include the ISP which could potentially claim economic loss for their bandwidth consumption.

  18. Lets see how this would work by strictnein · · Score: 5, Interesting

    The MPAA would hire a couple of "consulting" companies to carry out these acts.

    These consulting firms would attack and disable some script kiddies computer who is serving MP3s.

    So, what does the script kiddie do? He and his bunch of script kiddies go and shut down the offending consulting firms internet connection(s) with a DoS that's about 100 times more massive (because they can use everyone elses poorly protected servers to do it). And that's just if they pick on a teenager in the US.

    Say they try and shut down some actual knowledgable hacker in, say, Russia. Wait a second... why are the bank account numbers, credit card numbers, home address and telephone for the head of the MPAA up on MPAA.com? Weird.

    My question is, how does this web site even stay up?

    I'm sure the script kiddies internet provider will just be pleased as punch that the MPAA just hacked one of it's customers and possibly used a DoS attack to do it (there by degrading the quality of service for all their clients)

    Sounds great to me. It'll work like a charm this new law (if passed).

    And why does the MPAA sound like a police orginization to me?
    From their website:
    To battle the problem, in 2000, the MPA launched over 60,000 investigations into suspected pirate activities, and more than 18,000 raids against pirate operations in coordination with local authorities around the world.

    The MPAA/MPA directs its worldwide anti-piracy activities from headquarters in Encino, California. Regional offices are also located in Brussels (Europe, Middle and Africa), Mexico (Latin America) Canada and Hong Kong (Asia/Pacific).


    Uhmm... that scares me

    1. Re:Lets see how this would work by zentec · · Score: 2


      To answer your question about the mpaa.org web site being up -- it isn't.

      Appears to be slashdotted.

    2. Re:Lets see how this would work by Rader · · Score: 3, Funny
      Well, that's simple. The RIAA has been coming up with concrete $$ amounts they've lost every year due to p2p & pirating. You can do the same!

      Here's the formula you're looking for... Figure up how much money you wish you made last year. Then subtract your actual net worth that year. This equals the $$ you lost.

      Don't forget to add your god-given right for 5% profit margin increase each and every year. 6% if the economy is down.

      If for some reason this formula doesn't give you the number you wish for, simply change the stats on how much money you made until you're happy with the results. For instance, maybe you didn't make ANY money last year during the time you stood on your head in the middle of the road. College kids have heads! Colleges have roads!! College kids download music.... aha!! So that must be why you didn't make any money while standing on your head in the middle of the road.

    3. Re:Lets see how this would work by anthony_dipierro · · Score: 2

      The MPAA would hire a couple of "consulting" companies to carry out these acts.

      These consulting firms would attack and disable some script kiddies computer who is serving MP3s.

      More likely they'll just make repeated requests for files they own. Add in fake ACKs so that you don't have to bother wasting your own bandwidth downloading the crap and you can probably successfully take down just about any file sharer.

      I'm sure the script kiddies internet provider will just be pleased as punch that the MPAA just hacked one of it's customers and possibly used a DoS attack to do it (there by degrading the quality of service for all their clients)

      I would guess most file sharers are already using all of their available upstream bandwidth, so this isn't exactly going to be the MPAA's fault.

    4. Re:Lets see how this would work by Reziac · · Score: 2

      Someone asks wistfully, "How does this site [mpaa.org] stay up?"

      [checking]
      The site mpaa.org is running Microsoft-IIS/5.0 on Windows 2000

      To answer your question... black magic? :)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  19. Letter to the 6th District of North Carolina by lunenburg · · Score: 5, Interesting

    I sent off this Letter to the Editor to newspapers in Coble's 6th District in North Carolina (Greensboro, High Point, Burlington, Asheboro, Lexington) this morning, before the bill was officially introduced. Hopefully it'll get published in at least one of the papers:

    ######
    To The Editor,

    For years, Congress and law enforcement has been telling us about the dangers posed by computer hackers. They have warned computer users about how you should be on guard for the damage that hackers can do to your computer systems.

    However, Rep. Howard Coble is preparing to submit a bill in Congress that would grant almost complete immunity to large music and movie companies to hack into your computers, if they have the suspicion that you might be sharing copyrighted files. No proof or involvement by law enforcement will be needed. And what's more, if they damage your computers in this vigilante action, you'll need to prove real damages of over $250 and get the permission of the US Attorney General to file suit against them.

    What Rep. Coble is saying is that computer hacking is bad, unless you're a rich corporation with lots of money to provide in campaign donations. The hypocracy of such a bill is stunning. The voters of Congressional District 6 need to decide whether Rep. Coble is looking out for their interests, or Big Hollywood's.

    1. Re:Letter to the 6th District of North Carolina by lunenburg · · Score: 3, Interesting

      Oh, I'm doing that too. It just seems like it'd be good to take the message to The People.

      The People have been hearing for years about how computer hackers are evil, evil scum. If we can associate the *AA with hackers, it'd be a good PR win.

    2. Re:Letter to the 6th District of North Carolina by Ioldanach · · Score: 2

      I like the letter, its tone is reasonably professional though you might want to run it by some laypeople (i.e., non-computer friends) to figure out some better phrasing on the clauses where you're trying to incite people to be angry and take action. They don't flow quite well enough and I think the layperson might not quite grasp the situation.

      The hypocracy of such a bill is stunning.

      Oh, and please, please, run it through a spell checker first. Spelling errors like hypocracy (hypocrisy) make the educated readers of the newspaper wince, and every time one of them does, they count your opinion for just a little less (whether they should or not).

    3. Re:Letter to the 6th District of North Carolina by lunenburg · · Score: 2

      Shows me what I get for not running "ispell" on it before I sent it. Consider me and my English teacher mother properly shamed. :-)

    4. Re:Letter to the 6th District of North Carolina by VivianC · · Score: 2

      I'm going to copy your letter and change it to apply to my Congress members if they support this bill.

      If it passes anyway, feel free to hack me for violating your copyright.

      --
      Viv

      Gmail invites for ip
  20. When this starts happening... by Quantum+Singularity · · Score: 3, Funny

    It WILL be an act of war. Arm yourselves, people. PGP your files and offload to a disconnected machine. And get a firewall. And Nmap. If they do this, we can fight right back and when they do, the government will finally see the error of this bill.

  21. Don't worry too much (yet) by Christianfreak · · Score: 3, Insightful

    We should still be writing our representatives but at the same time I don't really think this bill stands much of a chance. Congress usually understands when they are making something that is on the books illegal into something legal for elite groups. They know that if they pass the bill and it gets some publicity that there will be huge public outcry, probably enough to keep at least some of them from being re-elected.

    Even if it passes its obviously unconstitutional and any judge in his right mind will strike it down.

    (if it passes the house and goes to the Senate then I'll worry)

    1. Re:Don't worry too much (yet) by AntiNorm · · Score: 2

      Even if it passes its obviously unconstitutional and any judge in his right mind will strike it down.

      Really? I sure hope so.

      --

      I pledge allegiance to the flag...
      of the Corporate States of America...
    2. Re:Don't worry too much (yet) by Christianfreak · · Score: 2

      The DMCA is different because it doesn't involve physical property, Congress doesn't really understand it so they follow the loudest voices, which in this case are the RIAA and MPAA.

      Judges don't have to play politics as much, especially the higher level you get, so while they aren't impossible to buy it is a whole lot harder without it being blatently illegal. So no they aren't all biased toward money and big corporations. I believe that there hasn't been a good challenge to the DMCA yet but when there is I believe it will be thrown out.

  22. "(B) causes economic loss to any person other than by blunte · · Score: 2, Informative
    The bill states, in the exceptions section, that they are not allowed immunity if their action (B) causes economic loss to any person other than the affected file traders.

    Logically it seems impossible to me that they can do anything over the internet that cannot be said to cause economic loss to someone else. In other words, any traffic they put on the internet could be said to cause economic loss to someone, because ultimately someone is paying for that bandwidth.

    This bill doesn't seem like a very solid piece of legislation, even for what they want it to allow them to do.

    --
    .sigs are for post^Hers.
  23. Here's the loophole by yerricde · · Score: 2
    From the bill:

    (a) [Copyright holders may DoS a pirate's b0x0rz.]

    (b) EXCEPTIONS. Subsection (a) shall not apply to a copyright owner in a case in which (1) in the course of taking an action permitted by subsection (a), the copyright owner ... (B) causes economic loss to any person other than affected file traders

    Loophole: Such DoS attacks harm the ISP.

    The bill does include a counterclaim procedure.

    In addition, if a studio abuses this privilege, the Attorney General can take the studio to court and get an injunction against the studio from attacking further computers. (This may not apply to Mr. Ashcroft, who has been sympathetic to the studios.)

    --
    Will I retire or break 10K?
  24. Legal Verbage by Ryan_Terry · · Score: 2

    ...The combination of this new cause of action and pre-existing causes of action will deter copyright owners from using the safe harbor as an excuse to harass file traders, indiscriminately impair the operation of a P2P network, frustrate competitors, or otherwise take
    any action not encompassed within the safe harbor....


    ...further limits the safe harbor created by Sec.514(a) by listing specific circumstances in which a copyright owner cannot rely on the safe
    harbor. The safe harbor is unavailable if:

    the copyright owner impairs the trading of files that don't contain her copyrighted work, unless such impairment is necessary to impair
    the trading of her copyrighted work...


    I need some help here. To me it seems that legally they'd only be able to DOS a "trader" if they could do it without limiting the trade on non-copyrighted material. I don't know the law well, and I definately need webster's to read some of this junk, but am I at all in the ballpark?

    Some legal expertise might be helpful...

    --
    MessEdUp
    .sig
    #/var/www/v
    1. Re:Legal Verbage by PhilHibbs · · Score: 2
      The safe harbor is unavailable if: the copyright owner impairs the trading of files that don't contain her copyrighted work, unless such impairment is necessary to impair the trading of her copyrighted work...
      So they aren't allowed to impair my legal file trading, unless the only way that they can guarantee protecting The Lion King is to spoof any file that contains the word Lion" and "King". In which case it's ok for them to hack anyone that is trading files that contain these two words. Lovely.
  25. It doesn't give blanket protection by Bryan+Ischo · · Score: 3, Insightful

    Did the person who wrote the Slashdot editorialization for this story even read the bill?

    The very first page says:

    "Notwithstanding any State or Federal statute or other law ..."

    Which indicates to me that you WOULD have "remedy against them" under whatever laws of the United States existed before this bill.

    Furthermore, the bill makes it very clear that the copyright holder can only mess with your computer's ability to transfer copyrighted material, not anything else, and only if it does not adversely impact your computer with regards to anything other than the copyrighted material which is being illegally transferred.

    And, far from being "allowed to DoS you in essentially any other way", they could only block, divert, or otherwise impair the UNAUTHORIZED transfer of copyrighted material. Whatever that other way of DoSing you is that you are worried about, it could only be used so long as it interferes only with the unauthorized transfer of copyrighted material. And only if it only causes economic loss to you of less than $50 per impairment to the property of the affected copyright holder, and only if it does not economically or materially impact anyone else.

    I would say that this bill simply tries to put forth the notion that they copyright holders ought to be allowed to block illegal transfer of their copyrighted works, within very tight boundaries of conduct which ensures that they do not inadvertently cause any harm to any one else, or even to the illegal transferrer except for impairing their ability to make illegal transfers.

    I am not saying that I agree or disagree with this bill, but the editorializer has clearly overstated the scope and effect of this bill. This seems to be a common tactic of those who rabidly defend an anti-copyright position with regards to modern file sharing.

    1. Re:It doesn't give blanket protection by bwt · · Score: 4, Informative

      "Notwithstanding" means that the other statutes are preempted and literally will not withstand conflict with the present statute.

    2. Re:It doesn't give blanket protection by Puk · · Score: 3

      Other replies covered the definition of notwithstanding. My point is this:

      If you are sitting in your home with a printing press putting out copies of the latest J.K. Rowling book, can the book publisher or author come busting in to your house and stop your presses? If you think I have stolen your cat, can you break into my apartment (without damaging anything) in order to look around and see if I did? I'm pretty sure (and I truly hope) the answer is no.

      If I'm breaking the law and you want to stop me, have law enforcement do it. Sue me. Get me thrown in jail, and have me fined out the rear end. This is "taking the law into your own hands" in a very bad way (not saying there aren't some good ways). This is equivalent to letting you rummage through my stuff on the suspicion that I have something of yours. This is wrong.

      -Puk

    3. Re:It doesn't give blanket protection by Lxy · · Score: 5, Funny

      Did the person who wrote the Slashdot editorialization for this story even read the bill?

      You're new here, aren't you?

      --

      There is no reasonable defense against an idiot with an agenda
      :wq
    4. Re:It doesn't give blanket protection by Bryan+Ischo · · Score: 2

      My thoughts exactly. It seems that the bill tries so hard to specify the ways in which the copyright holder cannot damage the copyright violator, that it would make it almost impossible for the copyright holder to do the things that the bill was meant to allow them to do.

    5. Re:It doesn't give blanket protection by antirename · · Score: 2, Funny

      No, you have it wrong. Obviously you should kick the door in, shoot me, take an axe to the printing press, and then burn the house down. You have to be sure that I'm not going to pirate any more stuff, don't you? In the other case, well... you'd do pretty much the same thing. If you burn the house down you can be pretty sure that the cat's not in there (at least not alive, but what's the difference? You didn't get the cat back, but I can't have it either. That's how these assholes think... their reasoning reminds of spoiled three year old kids on a playground.

    6. Re:It doesn't give blanket protection by Bryan+Ischo · · Score: 2

      You make an excellent point, and I think it is easily the most convincing reason to NOT pass the bill in question.

    7. Re:It doesn't give blanket protection by michael · · Score: 2

      Other people have covered "notwithstanding".

      Messing with your ability to transfer copyrighted material == denial of service. Participating in the internet is transferring data.

      You seem to be looking at the little caveats written in and using them to swallow the main body of the law. It won't work that way in practice. Let us suppose that you are sharing ten files via Gnutella - five of which the MPAA believes are copies of "their" works. And let us assume that the MPAA has a big red button which causes your Gnutella client to die instantly. And they press it.

      Now, on the one hand, they've done more than the "necessary" amount of damage - they've prevented you from sharing the five files which are pictures of you at your 8th birthday party.

      On the other hand, they can easily claim that that was "reasonably necessary to impair the distribution" of "their" files. See the top of page 3 of the draft. And you have to ask permission from John Ashcroft to even file a lawsuit. And you have to prove, in court, tangible economic loss to yourself - how much money did you lose from not being able to share those five files? Do you have receipts for your losses?

      I submit that John Ashcroft won't let you file suit. And that if he did, you wouldn't be able to prove any losses in court.

      So it really doesn't matter. Instead of turning off Gnutella, they could have turned off your computer, or your internet connection. They'll claim it was reasonably necessary to stop you. You won't even be able to go to court. If you do make it to court, you'll have to prove real tangible losses.

      Compare to the opposite case: if you DoS them, they just swear out a claim to local law enforcement, and a police officer near you comes and locks you up. They have no costs involved in filing a criminal complaint. They don't have to ask anyone's permission if they want to sue you in a civil suit.

  26. What utter and complete crap by FreeUser · · Score: 4, Insightful

    You must be a troll (or a cartel lackey ... the hotmail account should give it away I suppose).

    A lot of people around here think there's no harm in hackers doing that to other people's computers, going so far to squeal when they get "ratted out" by others or end up in court for their actions.

    Very few here thing that illegally cracking system security and breaking into computer systems is a "good thing." A fair number of people take exception to the absurd disparity between sentences and the severity of the crime, but few (if any) argue that engaging in this sort of behavior is in any way a positive act.

    But when governments and large corporations can go around vandalizing and harming people legally, and the law makes it illegal to defend against such acts (by perhaps doing the same thing) for individuals, then, by any definition, we live under tyranny.

    As uncool to say, and as extreme as it sounds, the digital sky is truly falling. Our freedom of expression is under wholesale and organized and concerted attack from both the media cartels and Microsoft, and the tame politicians they have in their pockets, and the reasonable sounding denials of these very stark facts don't make them any less true. We will either wake up and get involved politically and socially, educating our representatives and the lay public about these issues, or, just like the British Crown did with the printing press when it enacted the first iteration of copyright law, we will have the modern, digital equivelent of the printing press taken from us. In other words, our ability to speak and publish freely, and be heard, will be taken from us, and modern general purpose computers as we've come to know them will become a very restricted item.

    Even Microsoft is publicly admitting that the end of open computing is at hand ... they are preparing the public consciousness for exactly this event ... having the industry and government thugs come into our personal lives and, in a very personal way, tell us exactly what we can and cannot do.

    If you are such a lackey, or so blinded by your own petty greed or agenda, that you cannot see this coming, then you will no doubt be getting exactly what you deserve. Unfortunately, the rest of us, who have the observational and congnative skills that exceed those of the common garden slug, will be taken down into the pit along with you.

    --
    The Future of Human Evolution: Autonomy
    1. Re:What utter and complete crap by wurp · · Score: 2

      Your big counter to his argument is that he's saying something "uncool" and "lame"? Could you conceivably be less persuasive?

      Take a look at the rights guaranteed in the bill of rights, then take a look at how those rights are violated by other legislation. Can you tell the feds to stick it when they want your id before letting you on a plane? (unreasonable search) What about how Steve Jackson's hardware was stolen from him by the government based on groundless accusations? (unreasonable siezure) Can you go buy a machine gun or a tank? What part of "shall not be infringed" doesn't the government understand? What part of "to promote the progress of science and the arts" is the legislature failing to comprehend?

      Some of us are grousing about our freedoms being taken away, while others seem determined to speed up the process. So far, very few are really standing up against it. I just hope we (myself included) come out of our apathy to stop and reverse this madness before guns and bombs will be necessary.

  27. Re:poll? by _ph1ux_ · · Score: 2

    uh... oops. my bad my bad.

    WRONG article!!

    like you've never done this before :P

  28. great by GoatPigSheep · · Score: 2

    well if they dos anyone outside the united states it might be considered an act of war

    --
    GoatPigSheep, the 3 most important food groups
  29. Desperation? by teetam · · Score: 2
    More and more, the activities of MPAA and RIAA look like the desperate acts of dying people - this latest article is plain lunatic.

    There is plenty of room within the existing laws for both these organizations to prevent piracy and safeguard their copyrights. Most people, even in liberal fora like /., consider piracy a crime today.

    Such acts will only make these organizations lose their goodwill further and alienate people who are supporting them today.

    We cannot enact more and more customized laws to solve problems. We need to effectively enforce the existing ones.

    This will result in nothing short of a cyber-war.

    --
    All your favorite sites in one place!
  30. Cause of action for wrongful impairment by naoursla · · Score: 2

    Page 5, Line 4

    You do have a remedy if they wrongfully attacked you and caused "Economic damages" in excess of $250.

    The solution: Make a CD or an independent movie. Offer it for sale. Share it on your machine. If you are DOSed by the MPAA, sue them for lost sales (including sale of distribution rights).

    Of course, you would might need to show that you had sales in the first place. I am not a lawyer so I wouldn't know.

  31. Don't tread on me by photon317 · · Score: 2


    Fuck these people. If *any* private organization launches attacks at my machine, I will defend myself electronically and fight back. If any LEO shows up at my door for defending myself against these legitimized criminal organizations, well, I'll start excersicing my 2nd ammendment rights how they were meant to be excersiced.

    --
    11*43+456^2
  32. Write your Representative by bwt · · Score: 3, Insightful

    Write your representative online here

    Unfortunately for me, my rep is Lamar Smith (R-TX) who is one of the bill's sponsors.

    I wrote him yesterday (before I knew he was a sponsor) and made several objectsions to the bill:
    1) It's vigilante justice. False positives -- the MPAA and RIAA have a strong market pressure to ignore false positives, because alternative methods of distribution challenge their business model
    2) The "digital piracy" problem is not a problem
    3) The MPAA and RIAA have subverted the democratic process and the will of the people regarding copyright law
    4) Trying to stop file-trading is futile. Free Speech and "Total Control" Copyright are fundamentally incompatible. The People would rather have Free Speech than the MPAA and RIAA.

    I wrote him today and told him I would vote against him.

    1. Re:Write your Representative by jafac · · Score: 2

      Just ask the Gentleman from Arizona (Senator John McCain) - ANY time you use ANY language to ANY representative that even remotely implies they're on the take (in the form of campaign contributions) - their brains automatically shut off - they stop listening and taking you seriously at that point. Whether it's true or not - it's an excellent way to get branded as a "person we don't pay attention to".
      Unfortunately.

      This is why campaign finance reform has been an uphill battle for 20+ years, and only when sparked by the public hype over Enron, was it possible to even pass the utterly watered down version they passed last fall.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  33. bill number? by PapaZit · · Score: 2
    Great. It's been submitted. Can anyone provide a bill number (the one that looks like H.R.12345.IH)?

    I can find no mention of it on Thomas, and if I bug my representative without a bill number, his staff's just going to check the "misc. loon" box when I call.

    --
    Forward, retransmit, or republish anything I say here. Just don't misquote me.
    1. Re:bill number? by bwt · · Score: 3, Interesting

      It doesn't have one yet, but the text of the bill as introduced, is posted (in pdf format) on Declan McCullagh's site.

  34. Misleading article and sensationalist posts again by Anonymous+Brave+Guy · · Score: 2

    Please stop and read the bill before you go any further.

    The article's claim about DoS-ing you pretty much any way they like is sensationalist and inaccurate. For a start, it refers only to a "publicly accessible peer-to-peer file trading network", and that is carefully defined. It also seems to require that the copyright holder give notification to the DoJ of what they're going to do at least seven days in advance. The affected file trader has various rights to find out what's going on, and to seek compensation if they are unduly damaged economically, etc.

    In fact, it basically seems to say that if they can prove you're screwing them, they can DoS you to stop you, under the oversight of the legal system. Is that so unfair?

    It's hardly the same as the DoSing that takes down systems that are there for law-abiding reasons, contrary to the "hypocrisy" chant of the slashbots here. They're only worried that they might actually have to pay for something for the first time in their lives anyway. :-)

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  35. A telnet server on every port by stinky+wizzleteats · · Score: 2

    Responding with...

    This banner is copyright (c) 2002 by Stinky Wizzleteats all rights reserved. Any posession of the materials within this banner makes you subject to the provisions of the Berman Act.

    Bend over.

  36. Let me get this straight... by liquidsin · · Score: 5, Insightful

    First, copyright holders were allowed to take you to civil court for theft of copyrighted material, which was all well and good. Then, the big guys realized that civil proceedings cost them money, so they paid for a law (DMCA) that would make copyright violations a criminal offense so the government would foot the bill. And now that they aren't getting the results they wanted from the government they want to legalize vigilante justice? I guess buying your politicians in bulk really pays off...

    --
    do not read this line twice.
    1. Re:Let me get this straight... by liquidsin · · Score: 2

      Copyright infringement *is* theft. The "property" is Intellectual Property. This is the terminology that has turned fair use into a crime.

      --
      do not read this line twice.
  37. Write your representative. by kabir · · Score: 5, Insightful
    First go here to figure out who your rep is, then write them an actual, physical, pen and paper letter detailing your concerns over this issue and asking them to vote/committe it into oblivion.

    Sure you could use the link above to write in electronically, and that's fine, but you should more or less expect that if you don't write a physical letter then you'll be ignored. It's not always competely true, but it's true enough. If you don't write your rep and this thing passes then you've pretty much forfieted your bitching rights.

    --
    Behold the Power of Cheese!
  38. Weak standard, better workaround by The+Man · · Score: 2
    If the law only requires that I "suspect" or "believe" that someone is using my works unlawfully, I can easily send a letter to the head of the MPAA with a legend indicating that it is for his eyes only. Since secretaries and underlings read all normal mail headed for such people, they'll be in violation of my copyright (I haven't given him the right to distribute the letter to his underlings) and I can initiate a DDoS on this basis of suspicion. Really, this is flimsy and contrived, but it highlights the stupidity of the legislation.

    Much better would be if, for the protection of infrastructure, all major ISPs drop packets from ??AA-controlled networks at their borders. Since ISPs are not obligated to carry any traffic other than that of their customers, and they are obligated to their own shareholders to protect and preserve their own infrastructure, they are essentially required to drop traffic from locations they may reasonably expect to be sources of attacks against their own or their customers' networks. Whether the attacks are legal or not, the ISPs still have a compelling business interest in preventing them.

  39. Actions speak louder than /. posts ... by Slipped_Disk · · Score: 3, Interesting

    May I suggest that while we are discussing this abomination of a bill here on slashdot we also take the time to open our word processors and write letters to our representatives?

    Remember that technically they are supposed to represent US, not the person/corporation with the biggest checkbook.

    It may also do well to write your senators -- A similar bill will likely start up there eventualy, or if this mess passes the house it will wind up in the senate eventually.
    Find your Representative and your Senators and make your opinion known.

    (BTW - remember that paper letters are far more difficult to ignore than outraged emails. Especially en masse.)

    --
    /~mikeg
  40. No problem by Pinball+Wizard · · Score: 2
    just be sure and hide something you've copyrighted onto any site that you hack and you're golden.

    --

    No, Thursday's out. How about never - is never good for you?

  41. Punishment without verification of a crime? by ukyoCE · · Score: 3, Interesting

    Before you can be punished for a crime, isn't due process required? And even if you are found to be committing a crime, since when were victims allowed to decide and administer punishment? This is seriously messed up stuff going on here, for this sort of thing even to be suggested by one of our representatives -- let alone if it actually passes!

    1. Re:Punishment without verification of a crime? by anthony_dipierro · · Score: 2

      And even if you are found to be committing a crime, since when were victims allowed to decide and administer punishment?

      This bill does not allow "victims" to administer punishment, it allows "victims" to defend themselves.

      For a real life analogy, imagine a bill allowing people to tear down signs placed on a public bulletin boards which are slanderous.

      The only question I have with the bill is whether the term "unauthorized distribution" includes distribution which is not authorized by the copyright holder, but is allowed under fair use or the Audio Home Recording Act.

    2. Re:Punishment without verification of a crime? by ukyoCE · · Score: 2

      I don't think it should be legal to tear down "slanderous" signs at your own discretion either (assuming the signs are legally placed). You file a tort, the courts can demand the person take the sign down, if they find that it IS indeed slanderous. Have you ever seen http://www.somethingawful.com? Lowtax has people threatening libel lawsuits almost daily because he says their website sucks. Should those people be able to DOS SomethingAwful just because *they* don't like Lowtax?

      As long as you're making up BS analagies, this is more akin to "You think someone might have copied a piece of artwork you had on display, so you break into their home, and search the entire place making a complete wreck of it. What, you didn't actually copy their artwork? Tough cookies, artists can now legally break into people's houses at their own discretion and tear the place apart.

    3. Re:Punishment without verification of a crime? by anthony_dipierro · · Score: 2

      How does this analogy apply?

      It allows the victim to defend himself from being slandered.

      Currently, you do not have the right to tear down signs you consider slanderous.

      Right, but if there were such a law, then you would.

      A bill exactly like you describe should cause a similiar uproar.

      I guess our disagreement runs much deeper than I had thought.

    4. Re:Punishment without verification of a crime? by anthony_dipierro · · Score: 2

      I don't think it should be legal to tear down "slanderous" signs at your own discretion either (assuming the signs are legally placed).

      In my opinion it is no different from stopping a man who is attacking your dog. You shouldn't have to wait until your dog is dead before you can defend your property. Notice also that I only said that it was legal to tear down slanderous signs, not signs which you merely believe are slanderous. This mirrors the DoS law.

      Lowtax has people threatening libel lawsuits almost daily because he says their website sucks. Should those people be able to DOS SomethingAwful just because *they* don't like Lowtax?

      According to this law they wouldn't. Should they? Well, yes, because there shouldn't be laws against DoS attacks at all.

      As long as you're making up BS analagies

      I suggest you actually read the bill before making such accusations

      this is more akin to "You think someone might have copied a piece of artwork you had on display

      If you had read the bill, you would notice that this protection only exists if the person being attacked actually is engaging in "the unauthorized distribution, display, performance, or reproduction of his or her copyrighted work on a publicly accessible peer-to-peer file trading network"

      so you break into their home, and search the entire place making a complete wreck of it.

      No, this immunity doesn't apply if it "causes economic loss of more than $50.00 per impairment to the property of the affected file trader, other than economic loss involving computer files or data made available through a publicly accessible peer-to-peer file trading network that contain works in which the owner has an exclusive right granted under section 106"

      What, you didn't actually copy their artwork? Tough cookies, artists can now legally break into people's houses at their own discretion and tear the place apart.

      Wrong. This immunity also doesn't apply if it "impairs the availability within a pub- licly accessible peer-to-peer file trading network of a computer file or data that does not contain a work, or portion thereof, in which the copyright owner has an exclusive right granted under section 106, except as may be reasonably necessary to impair the distribution, display, performance, or reproduction of such a work, or portion thereof, in violation of any of the exclusive rights of the copyright owner under section 106" Further, the immunity specifically only extends to "disabling, interfering with, blocking, diverting, or otherwise impairing the unauthorized distribution, display, performance, or reproduction of his or her copyrighted work on a publicly accessible peer-to-peer file trading network"

      So my analogy is much better. You post a slanderous sign on a public bulletin board, and the person you're slandering tears it down. I see that as an act of self-defense, not an act offense, and think the law should properly reflect that.

  42. What about the bandwidth loss to bystanders? by SimplyCosmic · · Score: 2

    Sure, the MPAA can argue that it's defending it's copyrights when it aggressively attacks some server with copyright infringed mp3's, but those packets have to travel from their servers to the target, and in that path there's no guarentee that it won't affect innocent bystanders who happen to be trying to use network resources in that path?

    Let's take it to an extreme and imagine something crazy like the MPAA deciding to take down some kid's cable modem ftp server on your local neighborhood by DDoSing it. You don't think that's going to leave you uneffected with your shared bandwidth? Or what about the time wasted by your ISP when they try to slow down a DDoS attack, when they may not instantly know whether it's a supposedly "legal" MPAA tactic, or some script kiddies?

    If the MPAA/RIAA get there way on this legislation, screw it, instead of being a legal purchaser of CDs and DVDs, I will start cracking and ripping their work just on principle.

  43. Vigilanteism by Quintin+Stone · · Score: 2

    That's what we're talking about here. Private individuals taking over the responsibilities of law enforcement and the courts. Not only will they be gaining unauthorized access to your private property, they will also be taking it upon themselves to judge you guilty and inflict whatever punishment they see fit. Where's the oversight? Where's the accountability? There's none. I always discounted warnings of corporations gaining too much power, simply because corporations only get the power governments give them. Now we see that governments may be all too willing to give it.

    --

    "Prejudice is wrong; you should hate everyone the same."

  44. Re:So how would you... by EllF · · Score: 2

    ...if you discover someone distribution [sic] your stuff on a p-p network, you should be able to take reasonable steps to prevent it.

    Exactly. The sentiment that I think many of us hold is that a DOS attack is *NOT* "reasonable" - it's utterly ridiculous.

    Nor does the absence of an alternative make the insane solution being offered acceptable. The RIAA/MPAA claims, "LOOK! We're being CRUSHED! We must do SOMETHING!" - and then go *way* overboard in their definition of Something. The onus is on them to come up with a reasonable solution - and this it not it.

    --
    We who were living are now dying
    With a little patience
  45. Shooting the Talent again, and their own foot., by 3seas · · Score: 2

    In the movie script business there is a form of copyright protection of scripts. You register your work with the writers guild and nobody gets to see it except under court order. The point being one of protection against what is called innocent plagerism.......(someone reads a script, thinks nothing of it and then a year later they re-invent it as their own, maybe without realizing it)

    This proposed double standard basicly makes that serious crapola, as I'm sure many script writters use the internet.......in other words the entertainment industry is seriously shooting themselves in the foot.

    And again the suits shoot the talent

    1. Re:Shooting the Talent again, and their own foot., by mpe · · Score: 2

      In the movie script business there is a form of copyright protection of scripts. You register your work with the writers guild and nobody gets to see it except under court order. The point being one of protection against what is called innocent plagerism.......(someone reads a script, thinks nothing of it and then a year later they re-invent it as their own, maybe without realizing it)

      It's just as possible that both script writers may have gotten their ideas from a third party source or group of sources. Especially since there are only a fairly small number of unique plot and character ideas.

  46. I think civil disobedience is in order by cecil36 · · Score: 2

    In my opinion, we should declare a DoS attack on all parties responsibile for allowing this thing to pass once this thing becomes law. Enough of this crap!

  47. Injunction by tacokill · · Score: 2, Insightful

    Like COPA, they can put an injunction on it -- which effectively puts the law on hold until the constitutionality can be figured out by the courts.

  48. Vigilante Justice by Ioldanach · · Score: 2
    One of the "exceptions" listed to the immunity (i.e. if this condition is tripped, then they ARE liable) is:
    (C) causes economic loss of more than $50 per impairment to the property of the affected file trader, other than economic loss involving computer files or data made available through a publicly accessible peer-to-peer file trading network that contains works which the owner has exclusive rights granted under section 106;
    So if you managed to place the files in question on a server which also had some commercial purpose (say, hosting images for an eBay auction) might this trip the $50 limit and allow prosecution or civil action? I am only the son of a lawyer and not one myself, but this seems like a low threshhold for such a bill

    Two issues with that.

    First, most of the users of p2p networks are home users who don't really do much other than play games, music, and otherwise entertain themselves. To the majority of users affected by this, it would actually be fairly difficult to claim $50 in damages.

    Second, the way this law reads, as long as the MPAA's lynch mob reported the attacks to the government 7 days in advance and could claim that they reasonably expected they would only be hitting computers containing works violating their copyright, they could crash and burn any machine they wanted. Note that the bill clearly states that economic loss is limited to dollars. If they crash my hdd and I lose all the photos I haven't backed up to cd yet, there's no economic loss so I don't have cause to charge them criminally or sue them.

    In addition, read d.1.a on page 5, which says you can't even seek recompense if your economic loss is less than $250. Thus, chances are my hardware damaged by such an attack, such as a hdd, won't even be of sufficient cost to seek damages.

    Overall, I'd say this is vigilante justice of a type long frowned upon in this country.

  49. What about collateral damage? by Geckoman · · Score: 5, Insightful
    Suppose I'm on a cable modem, and although I'd never do anything illegal or immoral with my connection, my neighbor down the street has multiple Napster clones running 24/7.

    If the MPAA or RIAA decides they want to DDoS him for sharing their material, it's darn sure going to impact my EverQuest and Warcraft III connections (as well as whatever more "legitimate" uses I may be putting my bandwidth to).

    Will non-infringers who suffer such collateral damage have any recourse against the companies or trade groups who are "protecting their rights"?

    Hmm...no cancelled checks in my account made out to any Congressmen, so I somehow doubt it.

    1. Re:What about collateral damage? by Sabalon · · Score: 2

      In an ideal world. What you are more likely to see is ISP's starting to block services to keep from being DDoS'd...probably a lot cheaper than suing.

    2. Re:What about collateral damage? by Elwood+P+Dowd · · Score: 2

      Collateral damage is prohibited. Haven't finished reading the bill, but they're not supposed to effect anyone but the owner. Dunno what the penalties are.

      If they're wrong about hacking you, you have to prove that they had no reason to believe you were distributing their file. That is considerably beyond simply requiring that you prove you were not distributing the file. Also, you must prove that $250 damage was done to you. That's a little unbelievable. They could DDoS your whole ISP and then come up with some horribly lame explanation of why they suspected *all* the users of sharing files illegally.

      --

      There are no trails. There are no trees out here.
    3. Re:What about collateral damage? by fferreres · · Score: 2

      Or worst yet, what if you are transfering YOUR media to another computer via email, ftp or whatever protocol you may like. How would they know?

      What will happen with sites that offer you to store YOUR music on the net so you can listen to it from anywhere (I haven't checked in a while if they made this ilegal).

      The problem here is they think we are using computer for things we shouln't be usin computers. So they now want a computer to be a non-computer: DRM and Palladium are the exact oposites of a computer. A computer computes, it's that easy. What they want is a general porpuse Media Player centrally controlled by MS or the goverment or even them.

      Hey, but wait a second, these are OUR COMPUTERS, and NOT you MEDIA PLAYER! If they want to control their players they should provide them.

      There's no solution to this problem. Either they fuck up the computer industry or they need to change their revenue model (and the politicias as well!).

      --
      unfinished: (adj.)
  50. Write your representative by medeii · · Score: 2, Informative

    Just do it, people. Don't be inflammatory, just ask whether or not they intend to support the bill (in its current form, or with modifications.)

    http://www.house.gov/writerep/

    Norm Dicks (Washington, 6th district) previously wrote back to one of my queries on the CBDTPA, with the response that he didn't support it. I'm hoping he's got similar views on this bill.

    --
    got standards? --- http://www.w3.org/
  51. Read it all by goofy183 · · Score: 2, Informative

    SubSection b.A states that only the file containing the copyrighted works can be affected. Any legitimate files must still be fully accessible and unaffected.

    So following those lines share some random txt file you wrote. If they DDOS you sue them since the legitimate file was affected by their attack. You could probably even tip toe around the fact that you illegally had copyrighted works on your PC.

    Of follow subsection b.C which states the file trader cannot sustain more than a $50.00 loss for any reason because of an attack.

    They also have to notify the DOJ each time they want to do it. Now I'm going to be writing my representative tonight on this but realize that this is not an unrestricted license to hack by any means.

  52. Split and merge by Space+cowboy · · Score: 2

    One thing I've not seen posited in the P2P arena is a technique analogous to the spread-spectrum military comms. Howabout splitting the [bigbadfile] into smaller binary chunks based on frequency of access. Sites host [bi], [igb], [gbad], [dfi], [ile].

    Assume the chunks can be split arbitrarily, and the P2P s/w can do binary patches of overlapping data, surely this would prevent anyone claiming you were serving anything they had an interest in. A chunk of binary data from one site would be pretty much akin to a chunk of binary data from another. It's only in the entireity that copyright is held anyway, no? I can't believe someone has a copyright on middle-C...

    Additional benefits come from the robustness of the distributed data. If you use a one-way hash of the text-to-search-on to the item-description and index by hash, then even the hosts wouldn't know what it was they were hosting, and splitting the files up into small chunks would abrogate their responsibility further.

    Indexing it becomes more of a problem, but this is simply the same problem as we currently have, with the addition of a byte-range. The client simply has to fetch sufficient data to create the entire range.

    You'd want hosts to merge chunks that were adjacent for efficiency, to within a host-defined fraction of the total size - you'd not want to be suddenly hosting an entire object or you're open to DOS'ing.

    Use gzip/ssh to tunnel all comms (data and metadata) so it's hard to intercept. Add XML-RPC or similar so it can be tunnelled through a firewall webserver port. If you're really paranoid, add a steganographic mode where requests and data are embedded in mpeg/jpeg files in the lsb. You'd have to have rewritten compressors for steganography anyway, so preserving the high-frequency bits for data would be possible.

    I've thought about doing something like this before. The fundamental flaw is that an open-source client can be modified to inject rubbish into the network. You can compensate for this with a slashdot-style moderation system. Operating on the principle that there are more IP addresses for us than for them, and letting every IP address have a '+' and a '-' vote per day per hosting server, bad files could be marked as such efficiently by having a 'Click here if it doesn't work' in the client GUI. If your IP's moderation is inconsistent with the majority then your moderation rights for that server are suspended for a while. I think that would work.

    Just ideas...

    Simon.

    --
    Physicists get Hadrons!
    1. Re:Split and merge by Space+cowboy · · Score: 2

      Sort of, yes, but in a store-and-forward manner rather than a single-point => multiple destinations. At least as I understand TCP multicast, there are no relays (where chunks of the data can be stored for later, independent access). Perhaps I should read up on the MBONE again...

      Unless you mean multicasting in a non-TCP sense ?

      Simon

      --
      Physicists get Hadrons!
  53. P2P Preservation Procedures by SanLouBlues · · Score: 2

    Self preserving networks should have a node notify it's peers if it's going under due to a traffic spike ("Avenge me my comrades . . . *gasp*"). At which point that node would tell a friend (or ten) to ping (or request a file if the attacker itself is on the p2p network) the attacker just to make sure they weren't injured in their own attack.

    It would be like hitting somebody in the arm so they forget about their broken foot. It wouldn't be a DOS attack itself, just a thousand concerned P2Pers who want to make sure the MPAA's computers are in good enough health to continue their legal actions.

    1. Re:P2P Preservation Procedures by mpe · · Score: 2

      Self preserving networks should have a node notify it's peers if it's going under due to a traffic spike ("Avenge me my comrades . . . *gasp*"). At which point that node would tell a friend (or ten) to ping (or request a file if the attacker itself is on the p2p network) the attacker just to make sure they weren't injured in their own attack.

      But what would such a system do if the "attack" appears to come from a "friend"? The assumption made here is that the attacker is correctly identifiable.

  54. Notwithstanding by handorf · · Score: 5, Informative

    Notwithstanding
    notwithstanding Pronunciation Key (ntwth-stndng, -wth-)
    prep.
    In spite of: The teams played on, notwithstanding the rain.

    adv.
    All the same; nevertheless: We proceeded, notwithstanding.

    conj.
    In spite of the fact that; although.



    IN SPITE OF any other federal or state laws, they can do what they like.

    Oh, and they can delete any file they want if it is "necessary" to prevent you from trading their copyrighted files.

    Yes, it REALLY is that bad.

    --
    -- IANAEG - I am not an elder god.
    1. Re:Notwithstanding by Bryan+Ischo · · Score: 2

      OK, so I royally messed up on the "notwithstanding" thing ... it's not a word that I hear used very often and I guess I was confused by its meaning.

      But I don't see how you can say that they can delete any file that they want if it is necessary to prevent you from trading their copyrighted files. The bill says:

      "[the copyright holder can mess with your computer to stop illegal transfer of copyrighted material] if such impairment does not, without authorization, alter, delete, or otherwise impair the integrity of any computer file or data residing on the computer of a file trader."

      Seems to me that they can't touch any files or data on your computer, even the copyrighted material in question.

    2. Re:Notwithstanding by handorf · · Score: 2

      I hope I didn't seem to be jumping down your throat on the Notwithstanding thing... just trying to clear up confusion with the definition.

      As for the any file on the computer, I would swear I read earlier a part of the bill which basically said if they had to do it to get the file off the P2P network, they could. I'll be damned if I can find it now, so you're probably right. Damned office plants must be putting off hallucinigenic chemicals again. 'Pologies.

      --
      -- IANAEG - I am not an elder god.
  55. Solution by LittleGuy · · Score: 2

    Take illegal copies of Godard's Hail Mary and place them on the website of Rome's Special Police Force.

    Meanwhile, place legal copies on the RIAA and MPAA websites and alter Rome's Chief Prosecutor.

    Then sit back and watch the fur fly.

    --
    Mod Karma -1: I sed bad wurds. If I cep my mouf shut, I wud be at riyses.
  56. Why can't geeks buy their own congresspeople? by idiot900 · · Score: 2


    Here is a list of top contributors to Berman.

    $187000 is all it took to get this bill introduced?
    Why haven't geek-friendly organizations been able to buy their own congresspeople - or have they, and in that case, which ones?

    1. Re:Why can't geeks buy their own congresspeople? by shaldannon · · Score: 2

      Just goes to show that some people will sell their souls for a paltry price.

      --


      What is your Slash Rating?
  57. Take a stand. by Renraku · · Score: 2

    When corporations gain the right to hack people and to take away their rights faster than the FBI with a warrant, something needs to be done. The MPAA must fall if this goes on, or us Americans are doomed to follow the corporations' instead of the best interest of the people. ShadowRun, anyone?

    --
    Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
  58. Re:This is completely unworkable (IANAL) by topham · · Score: 2

    Bonus, if you believe your computer has crashed and it might have been caused by the MPAA just send the AG a note... they'll have to look into it.

    Was it the video driver, or the MPAA?

  59. *You* are likely a copyright holder by droleary · · Score: 2

    And if you have reason to believe the MPAA, RIAA, or *anyone* has your material on their system, you could use this sort of thing yourself. Hint: send them an email (you can add a copyright notice, but the Berne convention doesn't even require that) just to be sure they have something of yours. :-)

    1. Re:*You* are likely a copyright holder by Lonath · · Score: 2

      Umm if you actually write the virus/worm/trojan or if you take something from the public domain and assume copyright over it, you're automatically a copyright holder. So, the very act of creating these kinds of malicious programs makes you a copyright holder. :P

  60. Re:What's the big deal? by MegaGremlin · · Score: 5, Insightful
    Except for the very small legal issue that until you are proven guilty, beyond a reasonable doubt in a court of law, you are in fact innocent.

    What this bill boils down to, is that a group wants a special privelege to defend itself against a crime that has technically not occurred. They're asking for the ability to act as an arm of the judicial system, wherein they can determine whether a crime has been committed and determine the proper remedy, and then become an agent of the executive, and actually dole out the punishment.

    Not a whole lot of due process going on here.

    --

    .sig
  61. Acts of terrorism by dfn5 · · Score: 2

    I thought that DoS attacks are considered acts of terrorism under some new cyber-crimes law.

    --
    -- Thou hast strayed far from the path of the Avatar.
  62. path of action by morgajel · · Score: 2

    1). make an innocent box with legal material under incorrect filenames (i.e. metallica - sandman)
    2). wait.
    3). when they attack, sue them in a class action lawsuit for harassment, stalking, and any other personal crime, sue for 10% of their yearly income.
    4). when they say that's outrageous, point out how much the court costs were of your income, not to mention the actual denial of your internet connection which you pid for.
    5). press chages for them under the patriot act or something for hax0ring your computer.

    you guys are clever, turn it against them.

    --
    Looking for Book Reviews? Check out Literary Escapism.
  63. Re:The problem... by Flower · · Score: 2
    No, you won't be allowed. Think about it. You have to submit your plan to the AG. They approve it. You then only get to target the offending machine not their entire network.

    The kicker is this. If your DoS does more than $250 of commercial damage to their system they can appeal to the AG and get an order for you to stop. For some nobody sitting on a cable modem this isn't an easy claim, however, for the likes of the MPAA or the RIAA this is a no-brainer. Any system you bring down will obviously be costing them $1000s and they have the accountants to cook those numbers right. Hell, one hour of a sysadmin's time to figure out they are being attacked would do it.

    This bill does not protect the little guy one bit.

    --
    I don't want knowledge. I want certainty. - Law, David Bowie
  64. Like something out of a Gibson or Stephenson novel by Ride-My-Rocket · · Score: 2

    Doesn't this all seem a little too cyberpunk-ish? A limited number of sprawling corporate zaibatsu dominating the commercial landscape; government effectively void in providing any kind of checks and balances to those who dwell within its borders; a massive, generally unaccounted-for population that ekes out a living by catering to the needs within their demesne; and a subculture of highly intelligent, pseudo-anarchic, technology-savvy hackers who cut their teeth by fighting the system, be it for fun, principle or profit.

    At least, that's what I feel. Government now seems to be more of a career move than a principled institution; despite our economic power, our government pisses our cash away on pork barrel projects; the military isn't able account for trillions of dollars it's ostentsibly spent to protect the populace it was created to defend; and a business ideology that is both morally bankrupt and would seem omniscient, were it not for the efforts of individuals who make it their duty to rage against the machine.

    Honestly, it all makes me think about expatriating. Maybe it's not a war in the conventional sense, but it's certainly an assault on one's sensibilities.

  65. The next phase is already here by Anonymous Coward · · Score: 4, Informative

    GNUnet - Completely encrypted and completely anonymous file sharing. It's designed to be resistant to attack, let's see them go after that once it's up to a few million nodes. ;)

  66. R.I.P. IRC by anthony_dipierro · · Score: 2

    Oh well, IRC was fun while it lasted.

  67. Slashdot exploit? by RyanFenton · · Score: 2


    So, if this bill passes, and someone don't like the moderation they recieve from a slashdot post... would they be able to request the post be removed from slashdot, else legally be permitted to attempt to DDoS and otherwise attack slashdot for holding copywrited material? After all, is not all written material considered copywrited unless otherwise agreed beforehand? I'd hate to have to sign a license agreement for every slashdot post. :^)

    Ryan Fenton

  68. Loopholes by nuggz · · Score: 2

    Okay, we can't have "public" networks.
    I'm a copyright holder.

    What about a web of trust, you get someone to "sign" your access key and use that to get access, if these guys get on, we know who permitted them on, and can just kick that person off.

    Closed communities are inevitable, that is why I sit on a 30 person IRC network.

  69. Re:Misleading article and sensationalist posts aga by geekoid · · Score: 2

    "publicly accessible peer-to-peer file trading network"

    thats every computer on the internet.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  70. Lets get specific to who is getting DOS'ed here by $nyper · · Score: 5, Interesting

    Lets just say that I have T-1 line to the Internet and Verio is providing that line. When a DOS attack is launched it could potentialy flood every router between my box and the intiator of the attack.

    Okay by law they were given the right to DOS me but not the ISP which can still file criminal charges. So, it sound like they are still shit out of luck unless the law gives them a "get out of jail free card" for all acts commited during the execution of a plan to attack the offender. Wow, now if that were the case it would open up a huge new can of worms.

    --
    "Help me Obi-/.-Kenobi,your my only hope!" -$
    1. Re:Lets get specific to who is getting DOS'ed here by DennyK · · Score: 2

      Unfortunatly, the "except as may be reasonably neccesary" clause pretty much invalidates that idea. If the big corporation with the big campaign contributions says "Sadly, it was neccesary to destroy all of Joe Schmoe the Evil Music Pirate's files to protect our copyright", who do you think will disagree with them? Only all the Joe Schmoes out there, and they count for almost nothing in political circles. And since Joe Schmoe has to ask the Attorney General permission to sue the copyright holder or their representatives for any damages they cause, he's pretty well skunked.

      DennyK

    2. Re:Lets get specific to who is getting DOS'ed here by quintessent · · Score: 4, Insightful

      Well, I think we're all thinking one-dimensionally. There are other ways to attack a computer than flood it with packets. The bottom line is, if this bill passes, it's open game on your computer. No search warrant is required.

    3. Re:Lets get specific to who is getting DOS'ed here by zbuffered · · Score: 2

      Thank god for MS's Trusted Computing effort, or whatever they call it. Otherwise the /. community might be unprepared!

      --
      Synergy is your friend
  71. Re:Don't do anything illegal, just be *very* legal by hughk · · Score: 2

    I agree about the legal stuff. How about a demonstration or two in front of the movie theatres. Do people realise that these guys have the right to break into their computers and cause damage on suspicion?

    --
    See my journal, I write things there
  72. Re:What's the big deal? by Hrothgar+The+Great · · Score: 2

    Your statement is stupid. There is no all-encompassing unity among the posters of Slashdot on any issue. Many of the people you attack are, in fact, involved in system administration or security in some way or another, and certainly do not believe that it is A-OK to crack or DOS systems. Your stereotypes are useless.

    As for this bill itself, I personally do not believe that it is "OK" for the government to dole out powers to enforce the law to anyone who feels threatened. This is not the way our society is meant to work. I certainly don't want to see this or any other examples of vigilantism around my town or country.

  73. Re:What ever Happened to Porn? by shaldannon · · Score: 2

    That's covered under the .jpg patent claims being pressed against everyone now....you know, the one that Sony coughed up 15 mil for even though the patent expires in 2004...

    --


    What is your Slash Rating?
  74. Playing into their hands by Kefaa · · Score: 5, Insightful

    Everytime this appears we get a bunch of "we'll show them posters" threatening all kinds of interesting punishments. Forget it.

    If/When the law passes each attempt to hack into their computers for any reason will be met with the recently passes "capital crime" of hacking punishment.

    You are an individual. They are a corporation.
    You are a terrorist. They are protecting the rights of American copyright holders.
    You will get 5 - 25 years. They will get new releases on how good a job they are doing stopping these kids from stealing their products.
    They donate large sums of money to congress. You are listed as a non-voting demographic. [Better than opposition party or extremist, you are a non-entity.]

    I will be surprised if this makes the nightly news anywhere. They want this to be a non-story and will pay plenty to keep it that way. Any story that does arise will be spinning the "protecting America against copyright theft."

    If you really want to do something, take five minutes, right now and FAX your representatives [You could try email. Are they any better at reading them today than last year?].

    Be polite, be firm and be specific. DMCA got passed because many people expected someone else(our representatives) to see the lunacy in the approach. This just proves we can never underestimate the ability of smart people to do dumb things with the right incentive.

    Here are the contacts:
    Senate Locator
    House of Representative Locator

    Do it now

    1. Re:Playing into their hands by bluGill · · Score: 2

      Unlike those corporations though, I vote. Congressmen want that money because is makes it easier to get elected. If I can get a few thousand people to vote for the other guy (who otherwise wouldn't have, no getting a repubocrat to vote for his party, but if he votes against it) then I have nullified the worth of all that money. If it becomes clear that congressmen are losing elections of issues like this, they will suddenly become unbought.

      Enron spent a lot of money on both parties, and it helped them for a while, but as soon some details became known the Republicans stabed them in the back. The democrats would have done the same if they were in power. Polititions cannot afford be associated with public negatives. In the case of Enron, if they hadn't donated that much money polititions could have done more for them, but because the money was there they had to run even from things they might otherwise have done. (of course Enron benifited greatly from their donations before things came out)

      The point is votes are all that counts. Money is useful only for getting more votes. With the exception of the few polititions who retire of course.

  75. FUD by anthony_dipierro · · Score: 2

    The Register is actually looking forward to this becoming law!

    After reading the bill, and then reading the Register article, it becomes obvious that Thomas Greene didn't even bother reading the bill.

  76. Trusted Peer, Encrypted P2P Networks by bwt · · Score: 3, Interesting


    Assume that the MPAA and RIAA will be able to block packets from any P2P network that they identify as containing their works. I'm not sure how they'll do it, but it probably involves paying off the backbone owners and/or ISPs.

    It seems to me that the obvious counter-measure is to use encryption and "trusted peer" techniques to preclude their ability to join the P2P network and/or identify who is trading what.

  77. US Elections coming up soon by Herger · · Score: 2, Informative

    Remember folks who are US citizens, Berman (D-CA) and Coble (R-NC) are up for election, as are the other 433 members of the House. Send a message if you're in their district. Berman, in particular, is owned by the entertainment industry, with over $100K from Disney, AOL-TW, Sony, DreamWorks, etc.

    Coble, on the other hand, sold out for $5734 from the RIAA, according to www.opensecrets.org. I would've thought my rights would cost more than that.

  78. A serious (yet angry) question - by Hrothgar+The+Great · · Score: 2

    If the government starts granting the powers of enforcement to other bodies, then what the fuck good are they? Am I paying taxes to these people so that they can assign all of their work to some corporation in California? Does anyone else see this as one step away from anarchy?

    What's next - are they going to assign legislative powers to Microsoft, since making laws is too hard? Oh, poor fucking RIAA. Forced to live under the same laws as everyone else.

    Seriously, if our government is not enforcing the law, and legislation can basically be written by someone else and just passed up to the Congressman they bought this year, then what, exactly, IS OUR GOVERNMENT DOING? Probably browsing pr0n all day, because they sure as hell are not RUNNING THE NATION.

  79. Re:RTFB by broter · · Score: 2

    Actually, depending on what "manner..the Attorney General shall specify," it may still be unequal protection.

    As for whether or not DoS attacks should be illegal, that is a philosophical point. On one hand, the internet is global, so many (of us /.ers) think it shouldn't be policed by local governments. But on the other hand, you can be arrested for blocking traffic or sidewalks...

    -RB

    --
    "One man can change the world with a bullet in the right place."
    - Mick Travis, "If..."
  80. This will increase network security. by Lethyos · · Score: 3, Insightful

    It's simple. Pirates are very determined to continue piracy. If the MPAA, RIAA, or whoever start hacking, three things will happen.

    1. The outcome will be true to the traditional form of computer security: the more people you have banging on something, the better it'll get in the long run. People who design and develop the P2P networks and the systems they run on will have intense motivation to make those systems more secure against crackers. More bugs will be found and squashed since the attackers in this case are not afraid of legal ramifications.

    2. Pirates'll change their software. Most pirates are probably on fairly insecure systems at the moment. When they find themselves being shut down in this manner, they'll move to more secure platforms and services.

    3. Whoever these entities are will eventually blunder such that they will destroy both their credibility and make them look like jackasses. In time, they are going to hire people who will abuse this to the maximum possible extent. There's also the extreme likelihood that some attacks will be waged on critical systems for businesses or whoever (someone sets of a warez depot on their company's xyz server).

    These people who want this nonsense fail to realize exactly how pointless all this is. They don't understand that they are dealing with an animal that heals faster than it can be injured. When they took out Napster, a dozen file sharing services popped up to take its place. Likewise today, when they start cracking to take down sharing networks and systems, the users will only build them up stronger. Not to mention that no matter at what scale they launch these attacks, the MPAA, RIAA, or whoever could never have enough attackers to even make a dent on the whole system. There's at least an order of magnitude more pirates than there are people stopping them. Again, they will make themselves look like jackasses.

    Damn fools. Greed makes them both blind and stupid. They could spend some time coming up with a fair business model that could survive out there today without a lot of extra bullshit (Palladium, DRM, etc). That would require a lot less time and money.

    --
    Why bother.
  81. USA a rogue state? by heikkile · · Score: 2
    If this kind of law passes, the rest of the world ought to declare USA a rogue state that supports (cyber)terrorism, and put serious economical, political, and diplomatic pressure on USA.

    A good first step would be to exclude USA from international patent and copyrught organizations, allowing the rest of the world to freely copy anything American.

    --

    In Murphy We Turst

  82. Horse puckey by sulli · · Score: 2
    It also seems to require that the copyright holder give notification to the DoJ of what they're going to do at least seven days in advance.

    And that's a good thing? This just serves to deputize the vigilantes. No notice of the victim of this harassment is there except by his request, after the fact - and I guarantee the DoJ won't actively police the harassers, they'll rubber-stamp the requests.

    Here's some text:

    ''(2) 'peer-to-peer file trading network' means two or more computers which are connected by com- 20
    puter software that-- 21
    ''(A) is primarily designed to-- 22
    ''(i) enable the connected computers 23
    to transmit files or data to other connected 24
    computers; 25
    ''(ii) enable the connected computers 1
    to request the transmission of files or data 2
    from other connected computers; and 3
    ''(iii) enable the designation of files or 4
    data on the connected computers as avail- 5
    able for transmission; and 6
    ''(B) does not permanently route all file or 7
    data inquiries or searches through a designated, 8
    central computer located in the United States; 9
    ''(3) a peer-to-peer file trading network is 'pub- 10
    licly accessible' if-- 11
    ''(A) participation in the network is sub- 12
    stantially open to the public; and 13
    ''(B) the network enables the transmission 14
    of computer files or data over the Internet or 15
    any other public network of computers; 16
    As another poster noted, this can easily be interpreted to mean the entire internet, or any application on it.

    This bill is probably unconstitutional, but it MUST BE DEFEATED. And the author MUST BE DRIVEN FROM OFFICE. Who's running against him this year? Where do I send a check?

    --

    sulli
    RTFJ.
  83. Due process anyone???? by chuckw · · Score: 2

    All I have to say, having read the entire bill, is that this is effectively an end run around my constitutional right to due process. Sure, they put in the caveat about having to notify the justice department, as if that's going to be effective.

    --
    *Condense fact from the vapor of nuance*
  84. Mafia activity is to become legal? by Lethyos · · Score: 2

    So how is this any different from sinking the guy who didn't pay up with cement shoes? Mafia's often have legit business - they are just protecting their interests, right?

    Will the MPAA & RIAA be allowed to assassinate pirates in the future?

    --
    Why bother.
  85. According to the bill, there are large exceptions: by stienman · · Score: 5, Insightful
    The crux of the bill is in subsection (a) which states that they won't be liable for any ciminal or civil action which results from impairing the distribution of copyright works. However, there are exceptions to that, which I find quite large. If I'm reading this correctly, then they cannot claim their actions fall under this bill if it:
    • (B) causes economic loss to any person other than affected file traders; or
    • (C) causes economic loss of more than $50.00 per impairment to the property of the affected file trader, other than economic loss involving computer files or data made available through a publicly accessible peer-to-peer file trading network that contain works in which the owner has an exclusive right granted under section 106;
    This means that if they dos someone on my local cable segment then I can sue them if it impacts my bandwidth, Comcast can sue if it deprives their customers of service and/or uses their resources, and all the backbones and other service providers whose bandwidth is eaten up can call for reimbursement.

    The two downsides of this is that the bill is not limited to dos. It is pretty wide open in that they can do pretty much anything technologically which has the effect of "disabling, interfering with, blocking, diverting, or otherwise impairing the unauthorized distribution, display, performance, or reproduction" of their material. Which includes crashing or otherwise rendering inoperable network communications on the computer.

    Not only that, but anyone who tries to face up to them needs very deep pockets to fight them - even if they caused more than $50 of damage they'll still have to prove it in court.

    In other words, "Shoot now, ask questions later" and "You are guilty until proven innocent" should be stamped across this bill.

    Translation: Fight the bill here and now. It'll be ten times more difficult and costly to remove it from law than it is to keep it from being placed there in the first place.

    -Adam
  86. Massive Civil Disobedience by bwt · · Score: 3, Interesting


    Folks, it is clear to me that the legislative process is so corrupted by the Copyright special interests that the laws that it produces are not legitimate representations of the will of the people.

    I believe that the only moral response in such a case is to violate those laws. Screw the MPAA. Screw the RIAA. Screw Congress. It is time for freedom loving people to declare openly that they will not recognize copyrights held by the MPAA and RIAA.

    1. Re:Massive Civil Disobedience by why-is-it · · Score: 4, Insightful

      I believe that the only moral response in such a case is to violate those laws. Screw the MPAA. Screw the RIAA. Screw Congress. It is time for freedom loving people to declare openly that they will not recognize copyrights held by the MPAA and RIAA.

      Well, that is step one. Step two in a civil disobedience campaign would be to openly and publicly violate their copyright and fully accept the consequences of that act. You see, the point of civil disobedience is that you want to get arrested and charged under the unjust law, and you want to received the punishment mandated by that unjust law in the hopes of making the public at large aware of just how bad the law is.

      Are you still down with that?

      --
      *** Where are we going? And what's with this handbasket?
    2. Re:Massive Civil Disobedience by bwt · · Score: 2

      There are two forms of civil disobedience: open and subversive. The kind you describe is open. The difference is that with open disobedience you attempt to attract the attention of authorities, challenging them to enforce the law to maximize the cost of enforcement. Subversive disobedience attempts to maximize non-compliance with the law.

      Open disobedience was used, for example during the civil rights movement, to protest the British Tea Tax, and during Indian independence from Britain. Bruce Perens is doing this kind of civil disobediance tomorrow.

      Subversive civil disobedience requires breaking the law in an ongoing and continual manner without calling government attention to it. This method has been used to combat 1920's prohibition, the war on drugs, anti-gay laws like sodomy laws and gays in the military, the 55-mph speed limit, and the "in god we trust" pledge ruling.

      While I can't give a standard that explains which method works best in all circumstances, I think on this issue, the copyright cartel is best combatted by a combination of subversive disobedience against the cartels combined with economic reward to artists who attempt to explore alternatives.

    3. Re:Massive Civil Disobedience by bwt · · Score: 2

      OK, that was a bad example.

      I'm sure that there were many forms of open disobedience during the Vietnam protests (sit-ins at Berkely come to mind). Abortion protesters who block access to clinics fall in this category, as do some nuclear power protesters and Greenpeace on occasion.

  87. Open the floodgates, the ironies are delicious by dcgaber · · Score: 2

    I posted this in the midst of another thread, so re-post so it isn't burried deep:

    This bill applies to every copyright holder. But therein lies some of the more farcical (and completely realistic) scenarios that can be envisioned.

    Osama Bin Laden owns the copyright and IP to his own image. Do you have a video clip of him on your computer? Well he would be able to hack in and destroy the file if he had a reasonable belief that you were harvesting his files.

    Wait, doesn't the US government have his image, perhaps on an NSA computer? Well that can be legally hacked.

    Clearly this seems far-fetched, but will be perfectly allowed in the plain language of the legislation. Why on earth would Congress want to pass a bill that will weaken cyber-security? This is the one of the best angles of attack, b/c no legislator wants to be perceived as weak on computer security.

    As an added irony, I note that Lamar Smith, author of the cyber-crime bill that passed earlier this weak (with only one dissenting vote) is a co-sponsor of this bill. So if I understand correctly, he authors a bill to give lifetime imprisonment to hackers, but also allows copyright holders to hack....mmm hmm, that is the consistency I love from our reps!

    Also note that in the definitions, p2p services that have a central server are exempted (carve out for AIM, nah couldn't be). However, the idea of a centralized server was taboo under the Napster case. So run a de-centralized server, be subject to this Berman Bill, run a centralized server, be subject to Napster (which would have been immune to this bill).

  88. Berman & Coble Are HOs For Media Industries by meehawl · · Score: 3, Insightful

    The top industries supporting Howard L. Berman are:
    1 TV/Movies/Music $186,891
    2 Lawyers/Law Firms $97,100

    The top industries supporting Howard Coble are:
    1 Lawyers/Law Firms $35,515
    2 TV/Movies/Music $33,483

    There is nothing these two "gentlemen" would not to to keep sucking at the media industry tit. Even to the degree of drafting such nonsensical law that clearly violates the "equal treament" under privilege or immunity of the 14th Amendment by immunizing corporations against felonious activities conducted by them against citizens without considering due process.

    --

    Da Blog
  89. Re:The problem... by realdpk · · Score: 2

    There doesn't appear to be any mention of the DoJ having to approve the requests, just that you have to notify them 7 days in advance.

    If the RIAA attacks a cable connection with enough behind it, they could flood the ISP's peering. AT&T is particularly susceptable to this. That could cost over $250, but then we'd have to expect AT&T to take up the fight...

  90. Re:RTFB by Saint+Nobody · · Score: 2
    DoS attacks shouldn't be illegal in the first place.

    care to explain your reasoning? they use bandwidth paid for by the victim, often crash the victim's computers, and prevent potential customers from accessing the victim's content. at the same time, dos attacks benefit absolutely.

    the only person who gets anything out of a dos attack is some lamer script kiddie who thinks he's l33t because he ran some code he got from irc. everybody else is inconvenienced at the least, possibly even cost some money. it's not speech, so it's not a first amendment issue. so tell me -- why shouldn't it be illegal?

    --
    #define F(x) int main(){printf(#x,10,#x);}
    F(#define F(x) int main(){printf(#x,10,#x);}%cF(%s))
  91. Somewhere in the great beyond by mstyne · · Score: 2

    The Fathers of our Nation are slapping their collective foreheads and saying:

    "WTF!?!"

    I think one of these days Thomas Paine is going to show up in Hollywood and bust some heads. Either that, or someone with some clout (and some cajones) needs to stand up and say that shit is getting out of control in the U.S. ---

    --
    mstyne: real name, no gimmicks
  92. A thought (not a suggestion :) by kindbud · · Score: 2

    Since mere citizens are unable to buy laws that exempt them from prosecution for criminal acts, the thought occurred to me that we should all refrain from committing criminal acts.

    An ICMP echo packet sent to www.riaa.org every 5 seconds could not possibly be considered an attack of any kind. I mean, people quite often ping prominent websites at regular intervals in order to keep tabs on their Internet connection, and to keep tabs on their upstream's peering performance. These things are easy to setup and forget, just a one-liner in the crontab, you know. It might be a problem if 100,000 people did it, but what can you do about it if people just picked your site outof the blue as one to monitor?

    Just something to think about... no suggestion is intended.

    --
    Edith Keeler Must Die
  93. Remember, folks, GPLed code is copyrighted. by shren · · Score: 3, Interesting

    Here's your chance to legally hack Microsoft and see if they're using your GPLed code.

    Here's what I want to see happen:

    1. Hackers hack Microsoft.
    2. Hackers find GPL code in most versions of Windows.
    3. In a death-defying hacker assault, hackers wipe every single line of code covered by the GPL license off the face of the planet.
    4. Microsoft sues hackers.
    5. Hackers argue that since the code has GPLed code, it's licensed under the GPL. Since there have been binaries distributed, Microsoft is legally obligated to distribute the source. Thus, since the source is legally required to be freely available, it has no resale value, is thus worth zero, and thus the hackers are protected because the amount of damage is less than 250$ dollars.
    6. ???
    7. Profit!
    --
    Maybe the state's highest function is to grind out insoluble problems. (Zelazny, Hall of Mirrors)
  94. role reversal by cr@ckwhore · · Score: 2

    "I think the MPAA stole a copywritten song from me"

    --
    Skiers and Riders -- http://www.snowjournal.com
  95. Re:Oh I get it....BOYCOTT TIME by Jehosephat2k · · Score: 2, Interesting

    Why is it always "a week", or "a month". Why not just boycott the bastards for good?

    Jeez, does this mean after the boycott week we can run back to the record store with a wad of cash and buy up all those CDs we went without for a week?

    Do you really think "a week" boycott will matter one bit to these nazis? No, the only thing which will work is a boycott of these clowns and their "products" for the forseeable future.

  96. Pass the crackpipe please by freeweed · · Score: 3, Insightful

    DoS attacks shouldn't be illegal in the first place.

    EXCUSE ME?? You (or some script kiddie) have ZERO right to impede the use of MY computer. None. Zip. Zilch. There is no justifiable reason on Earth why you, or anyone else, should have the ability to maliciously attack my computer, denying me service that I have paid for, let alone any sort of income I may be gathering from said service.

    Your rights end at the tip of my cat5, and unless you can come up with some reason why your attacking me better serves the public good than my being online, you have no business interfering with mine.

    --
    Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
    1. Re:Pass the crackpipe please by anthony_dipierro · · Score: 2

      You (or some script kiddie) have ZERO right to impede the use of MY computer.

      I disagree.

      Your rights end at the tip of my cat5, and unless you can come up with some reason why your attacking me better serves the public good than my being online, you have no business interfering with mine.

      Simple, I don't want my tax money going to policing your internet connection. DoS attacks should be solved technically, not via government laws.

    2. Re:Pass the crackpipe please by lynx_user_abroad · · Score: 2, Insightful
      I'll agree with your sentiment, it's the details I get tripped-up on.

      Is it illegal for me to ping your host? To do it twice? To do it when someone else is doing also doing it?

      I have no way of knowing what speed your net connection is; for all I know you're connecting to the Internet via packet ham radio, and I might inadvertently swamp your feed by asking if you serve http? My actions would not be malicious, but you'd never know that from the effect you see.

      When you decided to connect to the internet, you decided to offer a set of services. Why should you expect anyone else to not make use of those services. (Is that even what you want?)

      Yes, the internet would be a better place for all of us if the script kiddees would just grow up. But wake up, already. The script kiddees (and spammers, etc.) are going to continue having their fun until there's no longer any internet left for them to have fun on. Maybe then they'll understand what they've destroyed, but I'm not counting on it.

      --

      The thing about things we don't know is we often don't know we don't know them.

    3. Re:Pass the crackpipe please by Saint+Nobody · · Score: 2
      Simple, I don't want my tax money going to policing your internet connection.

      nobody is arguing that the government should require isps to implement filters, or that it should be paying to put boxes in at isps that do it. anybody that does say that probably deserves a good smack upside the head. all we're saying is that activities which serve no other purpose than to damage other people's property and custmer base and cost them money should be illegal.

      --
      #define F(x) int main(){printf(#x,10,#x);}
      F(#define F(x) int main(){printf(#x,10,#x);}%cF(%s))
    4. Re:Pass the crackpipe please by sholton · · Score: 2, Informative
      Check-out the RFC's and find out what your computer is obligated to do to be a member of a computer network.

      Of course, you could ignore those obligations, but then there's not much of a point in being connected to the network; kinda like going to a party just to sit in the corner.

      Here's a hint; there are services you are obligated to offer when you send packet one; long before you've even figured out who your local gateway is.

      --
      A new kind of meat designed to appeal to vegetarians.
    5. Re:Pass the crackpipe please by anthony_dipierro · · Score: 2

      Thanks for all the reasons you just gave for your opinion that anyone should be able to hack anyone elses computer.

      I don't need a reason. If the world can do without a law, it should. If you don't like my bits, don't download them.

  97. Anyone else notice this? by chazzf · · Score: 3, Informative

    Having read through the bill, I'd like to make some observations.

    The bill defines a peer-to-peer network as being:

    two or more computers which are connected by computer software that (A) is primarily designed to (i) enable the connected computers to transmit files or data to other connected computers... (B) does not permanently route all file or data inquiries or searches through a designated, central computer located in the United States

    This would seem to obviate any centralized file-trading system (like Napster). In fact, it would exclude any system not truly peer-to-peer. Odd.

    The bill also includes provisions for suing the copyright holders if they cause at leaset "$50" in economic damages to you. However, it specifies "Monetary" damages. Does this mean hardware repair, as opposed to the less tangible lost bandwidth? If so, can we throw this back at their somewhat intangible "losses to piracy"?

    They also must notify the Justice Department 7 days in advance, as I read it. Given the shitfting nature of the Internet, that seems useless to the **AA.

    Okay, this bill sucks, but it doesn't seem nearly as dangerous (yet) as everyone makes it out to be.

    ~Chazzf

    --
    No statement is true, not even this one.
  98. It'll turn P2P into a weapon... by Anonvmous+Coward · · Score: 2

    I can just see a P2P network detecting a DoS attack and instructing other clients to fire shots back at the source. It'd be interesting of Kazaa or somebody were to develop it that way because it'd make anybody who intends to flood a network think twice about it.

    Of course, this could potentially be exploited. However, if the MPAA angers enough people they might be willing to risk it.

  99. Re:Misleading article and sensationalist posts aga by Seanasy · · Score: 2

    It is not the place of private corporations to be actively enforcing laws. So, yes, it is unfair. Would you want insurance companies sending employess out on highways with radar guns to write speeding tickets? I'm sure speeders hurt the insurance companies' bottom lines. But enforcing laws is not the province of private individuals or companies. Corporations should not be given executive powers. This bill is the very definition of vigilantism.

  100. hackers are a myth by Sebastopol · · Score: 2


    i am not a hacker, and this is a troll, but possibly a good one.

    The fact that this legislation has made it so far, and that nothing has really shaken the MPAA/RIAA in their successful attempts at re-writing laws to serve their needs is a testament to the lack of real hackers in this world.

    I say this because of so many posts i've seen in the tone "...we'll show those fat cats when we take down their systems and publish their personal information..." Since nothing like this has occurred since DMCA, I can only conclude that there aren't any hackers with the skill to do this. OR, the penalties really are so steep that the government has succeeded in their goal to scare hackers into submission. I vote for the latter, in which case, they've won.

    --
    https://www.accountkiller.com/removal-requested
  101. Two Words (err.... one line) by namespan · · Score: 3
    perl -e "while(1) { system('curl http://www.mpaa.org > /dev/null'); }"
    'nuff said.

    --
    Libertarianism is rich wolves and poor sheep playing gambler's ruin for dinner.
  102. Google/Scientology by doofusdavid · · Score: 2, Interesting

    So, correct me if I'm wrong, but doesn't this leave Google (and a slew of others) open to attack from $cientology because of both cached copies of pages, and supposedly copywrited documents?

  103. Re:RTFB by anthony_dipierro · · Score: 2

    so tell me -- why shouldn't it be illegal?

    I don't think any government should have jurisdiction over the internet. I believe this philosophically, but also practically, because I don't want my tax money going to protect the interests of corporate ISPs. ISPs should police themselves, by unplugging the connections of DoS attackers.

  104. Hmmm.... by Fizzlewhiff · · Score: 2

    So what would happen if the MPAA started to hack your web site of ftp server and you redirected them to a site operated by the CIA? That would be fun. They could explain their immunity as they lie face down on the floor with a gun pointed to the back of their heads.

    There are plenty of other things they can do to stop piracy but I don't see them doing it. Go to usenet groups or IRC rooms where movies are traded. Its the same people doing it every day. Is it that hard for the MPAA and RIAA to go to the ISPs, colleges, or even the local governments where these files originate and ask that something be done? It seems they'd rather attack everyone through legislation and abolish fair use than go after the source. Now they want to put themselves above the law and take things into their own hands. If this passes then what is next? I'm going to go write my representatives now.

    --

    'Same speed C but faster'
  105. Implications for Google by Tall+Rob+Mc · · Score: 2, Interesting

    If anyone who has copyrighted material on the internet can attack a server to prevent the distribution, what will it mean for Google's humongous (and often convenient) cache of stored webpages?

  106. Re:Beyond DOS by Anonymous+Brave+Guy · · Score: 2
    First of all, think about how they'll find out that you have their copyrighted materials. What kind of snooping might be involved?

    On Kazaa or Gnutella? Gee, I can't think.

    They could install a keyboard capture program to intercept and relay all your keystrokes - this can be justified as gathering evidences.

    I'm sorry, could you please point me to the bit of the act that gives them the slightest permission to do this?

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  107. I love the smell of napalm in the morning. by TrebleJunkie · · Score: 2, Funny

    You know, I almost want to like this, but probably not for the reasons you think.

    Were it not for the fact that legal corporate DOS attacks would kill EVERYONE'S bandwidth and violate every known acceptable network use policy for every upstream provider known to God, (and a few that probably aren't.) I'd almost say that it's a good thing.

    Why?

    Because they'd have to let all you, as copyright holders, play along.

    Pity the day that a large media company steals your domain name and you DOS them out of several million in sales and service -- LEGALLY!

    And stop, think and drool for a moment at the possibilities of two companies, instead of going to court over copyright issues, just DOS each other out of existance.

    And lets not forget the wonderful economic stimulus that adding several million script kiddies to the payroll with bring. And it's cost effective! You can get literally THOUSANDS of underpaid, almost-unpaid, basicially unskilled Hindu hackers for the price of a good legal team.

    But then, see, my solution to everything is to give everyone a gun. Sure, you have a period where all the idiots kill each other, but then, things quiet down, and noone uses them unless they really have to.

    But, ya know, it's not like the copyright and intellectual property realms couldn't use that kind of shakeup. It does. Bigtime.

    Not to mention that it brings the wonderful cyberpunk world just *that* much closer to reality.

    Welp, I'll leave you to ponder that while I buy a stack of good books, and pack up my tent and 60 years worth of freeze-dried food onto the back of my ATV and head off for the wilderness of Pennsylvania. Cheers!

    --

    Ed R.Zahurak

    You know, oblivion keeps looking better every day.

  108. Silver Lining? by hsmyers · · Score: 2, Interesting

    Perhaps this will finally force security to the forefront where it belongs. File traders to protect themselves from Hollywood, Hollywood to protect themselves from everyone else...

    --hsm

  109. heh by inKubus · · Score: 2

    www.mpaa.org is down right now. Gee, I wonder what happened?

    --
    Cool! Amazing Toys.
  110. They have no idea... by KC7GR · · Score: 3, Interesting

    ...what they're about to unleash.

    Even if this laughable bill doesn't become law, the very fact that the MPAA and RIAA are pushing for it is probably going to land the IP address ranges of both companies in an awful lot of locally-maintained E-mail and web proxy blacklists, just on principal alone.

    As for their tactics; Any SysAdmin worth their salt can easily detect, isolate, and block a DoS attack at the router level. Such an attack has little effect if the attacking system gets no response whatsoever from the target IP.

    In any case, that's really beside the point. The way I see it, this kind of crap has the potential to release a widespread public-relations and consumer backlash that the industry as a whole may never recover from.

    --

    Bruce Lane, KC7GR,

    Blue Feather Technologies

    1. Re:They have no idea... by 0x0d0a · · Score: 2

      You think you're going to be attacked from foo.riaa.org?

      They'll hire a consulting security company (probably full of a bunch of hackers-gone-commercial like l0pht) to do this. That company will almost certainly use throwaway accounts at various ISPs.

  111. Oooo fun great depression and world war 3 by Odinson · · Score: 2
    Looks like the USA gets to be the fascists this time. I wonder what will make us consider ourselves elite? Brain power, money, patents? It can't be skin color, religion or sexual preferance, but there are still plenty of choices. Fun fun.

    Oooo who gets to be Einstein? The outspoken political genius who narrowly escapes the evil empire he openly critisies only to later coordinate with the most briliant men of the alliance to create the tool of the empires undoing? Since oceans present little barrier I wonder who we will invade first?

    So many questions, so little time to polish my jackboots. It would be to bad if poverty was enough to make people realize that greed over patriotism and justice always leads to no soup for anyone. I think fighting the whole world at once could be fun. We might kick some good ass before the remaining world unites.

  112. By that logic... by Dr.+Bent · · Score: 2

    ...would my firewall be illegal under this law and the DMCA?

  113. The myth of pens-and-paper. by supabeast! · · Score: 2, Informative

    "...but you should more or less expect that if you don't write a physical letter then you'll be ignored."

    What you stated is a myth, perpetuated by people who would rather that the American public stay left behind when dealing with the government. Using the internet tools available between congress.gov, house.gov, and senate.gov, along with various online news sources, any American can easily get in touch with his elected officials, using offical and verifiable information, at a speed exceeding anything avavailable before. America's corrupt corporate power base that controls the media works to keep Americans from exploiting the excellent resource that is the internet, so that they can use their own connections (Lobbyists.) to outweigh public needs and desires.

    Officials do read and consider electronic messages. I regularly communicate with my elected officials via the internet, and have recieved the same courtesy and responses that handwritten, mailed letters get; ranging from form letters, to letters from staff, to individual letters from the officials themselves.

    Every time an official recieves an electronic message, the internet gains more political power. Eventually, people using the internet to deal with politicians immediately will be seen as the serious, influential voters, and those who pull out the personal letterhead and sign with MontBlanc pens will be the foolish old guard too unconcerned to actually keep up with politics.

    So stop discouraging people. Encourage the use of the internet, and teach America to use online resources to keep our leaders in check.

  114. Fine by Craig+Maloney · · Score: 2
    Fine... let the RIAA and MPAA DoS copyright infringers...

    ...but let's also let the 'net have the same privilege. :)

  115. Re:RTFB by Saint+Nobody · · Score: 2
    I don't think any government should have jurisdiction over the internet.

    for the record, i agree when it comes to laws regarding what content can be served. for instance france's suit against yahoo comes to mind as a praticularly assinine example. however, if both the originator of a dos attack, and its target are in the same country, it should certainly be considered an crime.

    international trade is not only possible, but that doesn't mean we shouldn't have any laws regulating trade within individual countries, or that there should be no international standards regulating trade between countries.

    if i mailed a bomb within my country it would certainly be illegal, even if nobody was hurt in the explosion. there would still be property damage. if i mailed a bomb to another country, that would most certainly be illegal. why should the internet be so fundamentally different legally?

    --
    #define F(x) int main(){printf(#x,10,#x);}
    F(#define F(x) int main(){printf(#x,10,#x);}%cF(%s))
  116. Suspicion by Chris+Burke · · Score: 3, Insightful

    According to purchase history (aquired through our "affiliate" credit card and market research companies), this person hasn't purchased any of our products in some time. They must be getting them off p2p networks!

    But I kid. :)

    --

    The enemies of Democracy are
  117. Re:The bottom line: by Zordak · · Score: 2
    From Merriam-Webster OnLine: Christian: 1 a : one who professes belief in the teachings of Jesus Christ

    Islam and Jehovah's Witnesses are not, and as far as I know do not claim to be, Christian because they do not believe that Jesus Christ is the Son of God nor that he is a Divine Being of any kind. Christianity is not a specific religion, nor is it limited to Protestant religions. It is based on a belief in the Divinity of Jesus Christ, which is a category that the Church of Jesus Christ of Latter-Day Saints falls squarely into. The examples you cite of "radically non-Christian" beliefs are among arguments commonly taken out of context to foster distaste for our belief system, and it is probable you did not hear them from a member of our church. For example, we believe that Jesus Christ is the Son of God. We also read in the Bible that Lucifer is a fallen from Heaven (cf. Isa. 14:12 -- "How art thou fallen from Heaven, O Lucifer!"), so we may infer that he, too, was a child of God, albeit "child" is used in a completely different context. So to say that Lucifer is a brother to Jesus Christ is nothing more than to say we are all children of God, but not in the sense that Jesus Christ is the Son of God, so Jesus Christ is a brother to all of us, but in an astronomically superior sense. The other example you cite is not something you will find anywhere within the canon of scripture used by the Church, and is extrapolated from a belief that cannot be intelligently discussed without a foundation of much more basic beliefs. In any case, the beliefs upon which those things are founded, even in context, are more like the quantum physics of our belief system. The basic algebra is mostly the same. I think it is much more important, especially in our interfaith relations, that, like other Christians, we believe in the teachings of Jesus Christ that instruct us to love our neighbors, do good to others and live good, clean lives. It is for this reason that Mormons can often be found working alongside Baptists, Protestant Christians and Catholics for common causes despite certain doctrinal differences (of which there are many -- that I do not dispute).

    I know /. is not the best place to have a religious discussion, but these kinds of misconceptions are the things that get us classed and confused with JW's so frequently (I have seen so many people shocked at the fact that we celebrate Easter, Christmas and birthdays, I just had to say something).

    --

    Today's Sesame Street was brought to you by the number e.
  118. As another poster noted, this can easily be interpreted to mean the entire internet, or any application on it.

    So what? They are allowed to take action to stop you distributing their stuff. They are explicitly not covered if they take action that stops you distributing anything else unless it's reasonably necessary to stop you distributing their stuff. If you're not distributing their stuff, they can't touch you. They have no magic new rights to breach you privacy, install a virus on your PC or nuke your home.

    Why do you think any action they are allowed to take as a result of this Act would be unconstitutional, or indeed unreasonable? What are you guys all so worried about, apart from your own hype?

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:Why? by sulli · · Score: 2
      Because it's MY FUCKING COMPUTER, that's why. It is protected from interference by, among other things, the Fourth Amendment.

      If I trade movies (I don't) they could get my ISP to ban me, or block ports used for Gnutella, or sue my ass. All are fair things they could do under current law. But touch my PC and it's war.

      --

      sulli
      RTFJ.
    2. Re:Why? by Anonymous+Brave+Guy · · Score: 2
      It is protected from interference by, among other things, the Fourth Amendment.

      Oh, please. The 4th protects against unreasonable search and seizure. If you're participating in a completely open peer-to-peer system, any search by anyone of the material you're making publicly available is reasonable. If you're carrying their stuff illegally, seizure is also reasonable. If you're not, seizure was illegal before, and it still would be afterwards.

      If I trade movies (I don't) they could get my ISP to ban me, or block ports used for Gnutella, or sue my ass.

      Well, if this goes through, then if you trade movies they'll be able to DoS you as well, but you don't, so what's the problem?

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    3. Re:Why? by sulli · · Score: 2
      I think we disagree about property rights. To me, my PC is my property. I own it, and nobody has the right to fuck with it (barring law enforcement with a valid warrant, which is NOT what we are talking about.)

      Allowing another private entity (not law enforcement) to interfere with hardware I own is a massive violation of my civil rights, in my opinion. It would be like allowing a member of Handgun Control to take away or disable illegal guns, or allowing a member of PETA to take away animals being used illegally for testing, or allowing a member of Campaign for Tobacco-Free Kids to poison your cigarettes if they know you sometimes smoke them in bars. Or - another example - it would be like allowing me, while bicycling, to smash the window of a car that cuts me off in traffic, because after all they broke the law and endangered my life!

      That's the job of law enforcement, not an advocacy group. Allowing people to take the law into their own hands leads to the law of the jungle. That's what I am so opposed to.

      --

      sulli
      RTFJ.
    4. Re:Why? by Anonymous+Brave+Guy · · Score: 2
      I own it, and nobody has the right to fuck with it (barring law enforcement with a valid warrant, which is NOT what we are talking about.)

      Ordinarily, I agree with you, and ordinarily, this Act gives them no more right to do so than anyone else. The only time it gives them a right to "fuck with it" is when you're already ripping them off, and then their right is limited to what is reasonable to prevent you from doing so.

      Allowing another private entity (not law enforcement) to interfere with hardware I own is a massive violation of my civil rights, in my opinion. It would be like allowing a member of Handgun Control to take away or disable illegal guns [...]

      It's more like saying if you pull a gun on me and intend to fire it, I'm allowed to do whatever is reasonable to prevent you from harming me, including taking the gun off you or shooting you first. And fortunately, you have the right to self-defence in most civilised countries.

      Or - another example - it would be like allowing me, while bicycling, to smash the window of a car that cuts me off in traffic, because after all they broke the law and endangered my life!

      No, that's a completely different situation. In that position, smashing a car window harms them for no benefit, after the crime has already been committed. Again, a better analogy would be that if you are driving like an idiot and trying to push my car over onto the wrong side of the road, I would be entitled to push back rather than driving into oncoming traffic. And again, I think the average person (and court) would find that entirely reasonable.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    5. Re:Why? by Anonymous+Brave+Guy · · Score: 2
      Harms them for no benifit? What the fuck does that mean?

      Exactly what it says. The situation in question was not preventative, it was revenge. We have courts and legal systems for dealing with the aftermath of an illegal event. That is quite different to the proposals here, which deal with preventing an illegal action from continuing in the present.

      By your own argument, shooting YOU in the head would be OK if I were paid enough for the job...

      Not at all. I have every right to defend myself if you try to shoot me, including by shooting you first or taking your gun off you. However, if you have already successfully shot me, that does not mean someone else can then shoot you back if you have put down your gun and stopped. You can be arrested and tried for murder, but not subject to any old person having a go back because of a crime you have committed, but are no longer committing.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  119. Google are SCREWED! by wackybrit · · Score: 2

    Thanks to this bill, it will be legal to hack Google!

    Google are distributing TERABYTES of copyright information without permission thanks to their cache. They take entire sites to put on their cache.. so surely they're breaking some copyright laws.

    Well, if Google has cached your site, now is the time to FIGHT BACK! Get hacking Google today. I wouldn't have said this before, but it will be LEGAL thanks to this bill! Yay!

    Hack your favourite search engine.. TODAY!

  120. Time for CryptAMP? by Quixadhal · · Score: 2

    Well, if the idiots in the MPAA/RIAA think they are more clever than their customers, perhaps it's time we proved them wrong.

    I've already stopped buying CD's unless they come from independants (not associated with the RIAA, at least that I can tell)...

    Maybe it's time for that winamp/xmms input-type plugin that reads blowfish encrypted mp3 files. Then they can have fun trying to figure out what data's being transferred over that new p2p protocol that rides an SSL tunnel.

    Let the fools implode under their own weight.

  121. One hell of a fine line... by jsimon12 · · Score: 2

    Seems the RIAA/MPAA are almost asking to have the hell sued out them if they even try to use this. The text of the doc says they are allowed to do this only if they:

    1. Don't Alter/Delete any files on the end user computer
    2. Don't interfere with anyone elses computer other then the file trader
    3. Cause more then 50.00 dollars impairment to the end user they are DoS'ing

    So the MPAA/RIAA would have to be pretty damn careful not to mess ANYTHING else up. Since later on it says that wrongfully DoS'd people can sue the MPAA/RIAA, assuming they lost more then $250. The question if this is actually consitutinal is how much is your time worth? Are you a consultant who gets billed out at 300 dollars an hour? And losing use of your internet connection for a couple hours while the MPAA/RIAA screw with you costs you a couple thousand? Well step right forward and sue the crap out of the MPAA/RIAA cause the law says you can.

  122. Not what I meant... by for(;;); · · Score: 2

    If this passes, we should actively start hacking innocent folks' machines to build opposition to this bill. It could be done without liability (I purport.)

    --

    "Whatever happened to fair use?"
    -- Duff-Man
  123. 7 days warning: p2p will evolve by Fzz · · Score: 2, Insightful
    This bill requires they give 7 days notice of which systems they're going to DoS. I predict that peer-to-peer systems will evolve so that no file is served from the same machine for more than 7 days.

    Societal problems usually can't be solved with technical solutions. The law is there to directly address societal conflicts - using the law to back a technical solution simply results in technical workarounds. This is just bad law.

    - Fzz

  124. You don't get it by alizard · · Score: 2
    The RIAA is trying to close down ALL broadcast channels the public can use to access music content from independent artists.

    How can they sell the mass-market crap they pump out over Clear Channel and Infinity if the public has alternatives available?

    The RIAA knows that broadcasting sells CDs. That's why they pay thousands of dollars for every single track that an FM radio station plays to independent promoters.

    It isn't that they object to free promotion, they object to the idea that "just anybody" can upload to P2P or to an Internet Radio station.

    They are looking at the end of their business model and will do anything to keep it going for a little longer and they simply don't care how much damage what they do occurs to the rest of America. The legislators they 0wn are too busy counting their bribes to realize that this kind of legislation will put their constituents out of work and the economy in a fatal tailspin.

    If this bill passes, operations whose Web operations are critical to them probably should start thinking about relocating outside the USA.

    1. Re:You don't get it by mpe · · Score: 2

      It isn't that they object to free promotion, they object to the idea that "just anybody" can upload to P2P or to an Internet Radio station.

      Apparently, fundermentally, it's a case of what are basically overrated "middlemen" thinking they (and only they) should be in charge of the industry.

    2. Re:You don't get it by alizard · · Score: 2
      They have to be from their POV.

      Musicians know that they're only going to get a few cents per record after they've paid off their advance.

      Once creative accounting has been used to figure out what the musicians "owe" the label, this is never unless they deliver a string of multi-platinum hits.

      Unless the RIAA labels can tell musicians that "You make a living in music with us or not at all", there's no reason for anybody to sign up with them. They can only do this by 0wnlng ALL the channels.

      Unless they can either get the world to play along and/or figure out how to legally require backbones to filter non-approved content before it gets to our part of the Net... that multi-platinum non-RIAA Internet-only hit will happen... because they can't 0wn all the channels... a .ru or .de or .sk TLD site is just as close as one next door. I don't think they can get this kind of legislation online before it happens.

      That's the visible and public beginning of the end for them.

  125. Re:RTFB by anthony_dipierro · · Score: 2

    if i mailed a bomb within my country it would certainly be illegal, even if nobody was hurt in the explosion. there would still be property damage. if i mailed a bomb to another country, that would most certainly be illegal. why should the internet be so fundamentally different legally?

    Because bits can't physically hurt or kill people.

  126. Spooky prediction by Rogerborg · · Score: 2

    I live in the UK. If Disney hacks me, it's not a crime in the US because, well, it's not a crime in the US. And it's not a crime in the UK because nobody in the UK committed a crime.

    Want to bet what'll happen if I retaliate? Do the names Jon Johanson and Dmitri Sklyarov ring a bell?

    --
    If you were blocking sigs, you wouldn't have to read this.
  127. Re:Here's an idea... by leperjuice · · Score: 2

    No no no and no.

    I've written about this before but the gist is you are making one HUGE assumption and that is that you have the same protection under the DMCA as the large companies.

    You don't. In fact, you probably have next to none at all. The government can't be *forced* to prosecute anyone for criminal acts, and if you think that a network of geeks with MP3 libraries could, even as a collective, fund a civil challenge against Vivendi... (hint: ain't gonna happen).

    That's a hole you could sail a battleship through.

    Simply put, if you swap MP3s that you don't have the right to, you're violating copyright. The RIAA, et al have a legitimate point. Now, their tactics suck, and there are far superior ways to solve this problem than hacking/DoSing boxes, but saying we have the right to violate copyright and the law is on our side is foolish.

    --

    -- "I am disrespectful to dirt. Can you not see that I am serious!"

  128. Re:RTFB by JordoCrouse · · Score: 2

    Because bits can't physically hurt or kill people.

    Sure they can - what if the DoS affected a hospital network, or managed to disable a system responsbile for controlling a nuclear power plant, or a train, or the air traffic control system?

    Sure you say, these critical systems are behind firewalls. But what if your DoS shuts down a key network while at the same time, a doctor in Seattle is trying to send urgent medical information to a doctor in Chicago who is trying to save a little kids life? That might sound a little melodramatic, but the fact of the matter is, the internet isn't all online auctions and porn.

    You are using a standard response when any script kiddie was caught - "I wasn't doing any harm" - but the truth is you have no idea whose other electrons are buzzing around out there.

    --
    Do you have Linux and a DotPal? Click here now!
  129. Re:Not what I meant... by realdpk · · Score: 4, Insightful

    Heh, good point.

    Ya know, reading this further, since it's on the "file trader" (I love that term) to notice and complain about the action, any time you lose a file or "get hacked", you should send a letter all of the MPAA/RIAA folks asking for a report on what they removed and why (See 2A through 2C).

    Since there's no way to know who actually did it, and there doesn't appear to be any reason to believe the DoJ would care to tell you, you'd have write all of them to figure it out. Wonderful law eh!

  130. Write the opposing candidates, too by Lumpish+Scholar · · Score: 3, Insightful

    In the U.S. (where the bill has been proposed), 2002 is an election year. All members of the House of Representatives, and one third of the members of the Sentate, are up for re-election. Every one of them has at least one opponent (both major parties have already held their local primary elections).

    Sure, write your elected officials. But write the people running against them, too. We want to send a clear message, no matter who wins in November.

    For extra credit, in addition to the letters to D.C., write one to each "committe to [re]elect" (a.k.a. "Friends of Blah Blah Blah"), and enclose a personal check to the committee. (Do not send cash!) It doesn't have to be big; ten or twenty dollars is enough to get a little attention. Our money talks, too!

    --
    Stupid job ads, weird spam, occasional insight at
  131. Thats a nice letter. by phriedom · · Score: 2

    However, I don't think this law will allow DOS attacks and the other nasty things you enumerate.

    "Sec.514(b) further limits the safe harbor created by Sec.514(a) by listing specific circumstances in which a copyright owner cannot rely on the safe harbor. The safe harbor is unavailable if:

    the copyright owner impairs the trading of files that don't contain her copyrighted work, unless such impairment is necessary to impair= the trading of her copyrighted work (Sec.514(b)(1)(A));

    the interdiction efforts of the copyright owner cause economic loss to any person other than the file trader (Sec.514(b)(1)(B));"


    Since a DOS attack would hurt your ISP, it seems like that would be right out. Their "technological measures" are going to have to be more narrowly targeted than a DOS flood. There seem to be numerous other measures in the bill which allegedly prevent a copyright holder from abusing this safe harbor provision. Naturally, I don't trust that this is all on the up-and-up, but they are going to make the bill sound reasonable to many people.

    What I am far more worried about in this bill is that it allows for vigilantism, which has obvious problems, and there doesn't appear to be a way to appeal this action, short of taking them to court for a long and drawn out court battle. This is completely unbalanced. The vigilante can take action against you without the burden of due process, but you must take on the burden of legal action to defend yourself. IMHO, our letters to congresspeople should concentrate on the circumvention of our courts rather than on internet traffic.

    --
    Don't moderate flamebait as Troll. Know the difference or you will be Meta-moderated.
  132. Re:RTFB by Saint+Nobody · · Score: 2

    i realize that it was a shitty example, but the point you're trying to avoid is that dos attacks do cause damage. why should something that serves no purpose other than to cause damage not be illegal if both the originator and the target are in the same country?

    we're not requiring anything of isps, we're giving government money toward prevention. we're just talking about making an activity that serves no purpose than to cause damage within a single country illegal. what's the problem with that?

    --
    #define F(x) int main(){printf(#x,10,#x);}
    F(#define F(x) int main(){printf(#x,10,#x);}%cF(%s))
  133. Hmmm... by pjt48108 · · Score: 2, Funny

    So, for the right price, can I get a law passed allowing me to summarily execute recording and movie company executives on site, without fear of punishment? I'd be really cool with that. Can it be done?

    I'm only asking...

    --
    Mmmmmm... Bold, yet refreshing!
  134. Spam, Spam, Spam by thales · · Score: 2
    This is amazing! Since the RIAA and MPAA has lost umpteen gazillion dollars to Piracy, I'm sure they couldn't afford to send over the bags of money this year, Yet their tame Congress Critters, out of pure loyality are doing this little favor for their masters!

    This kind of loyality needs to be rewarded!! We need to make up for all that money the RIAA/MPAA couldn't afford to contribute to the reelection after losing umpteen gazillion dollars.

    We need to get ahold of the campaign propaganda of any Congress Critter that supports this law, and help him get the word out, by spamming every voter in his district 50 or 60 times a day with his reelection material during the final week before the election.

    That should help bring his vote total closer to what he deserves after voting for the Cyber Vigilante law.

    --
    Quemadmodum gladius neminem occidit, occidentis telum est
  135. Boycott MPAA: See the movies cheap! by ajs · · Score: 2

    You can cripple the MPAA and see every movie they release in a good theater with THX/Dolby/whatevertheheck sound. You can boycott every movie for the next 6 years and still see all of them!

    What's that you say? How can that be?

    Simply wait until the movie has been out 2 weeks and go to a matinee on the third week. It's that easy. If enough people do this we can cripple the movie industry and trash their stuck value BECAUSE they calculate the success of a movie and estimate profitability based on opening weekend returns!

    As a test, I'm hereby calling for a 2-week boycott of the movie "The Lord of the Rings: The Two Towers". I'm calling it the "Boycott of the Rings: The Two Weeks". I will organize a group viewing during christmas week for anyone in my company, familly and circle of friends that wants to join me. We'll go to the Boston Common Lowes theater in Boston, MA at the closest showing after 2PM on Monday, December 30, 2002. Feel free to join us, and if you wish to wear a shirt, button or other apparel that displays your disgust for the MPAA, RIAA and whatnot all else, I invite you to do so, but please don't buy tickets for any showing before this or any full-priced showing after.

    I figure if we're going to be lazy enough to not boycott the people who are trying to give us the shaft, we might as well pick a movie that a) won't benefit from the extra publicity among geeks b) will have its sequel no matter what we do and c) will hurt the upcoming largest movie season of the year!

    Thank you all for your support.

    1. Re:Boycott MPAA: See the movies cheap! by (void*) · · Score: 2

      It is a *compromise*. A way to see a movie, but not contribute to their earnings. It's exactly as Richard Stallman had said - if you decide only to see a movie because of quality, or becuase it would be something you'd like to see, but not see as a matter of default - then you've mnimized the amount of money you gave them. Got that?

    2. Re:Boycott MPAA: See the movies cheap! by Kredal · · Score: 2

      He's wrong, if that was his point. Somewhere around 75% of all ticket sales (yes, even after the movie has been in the theater for 3 weeks) goes to the movie publisher.

      Why do you think popcorn and soda is so expensive there? That's where the theater makes it's money... not from the actual movie itself. The only thing this "boycott" will do is allow people to use theater passes that aren't allowed in the first couple weeks. Woo.

      --
      Whoever stated that signature sizes should be limited to one hundred and twenty characters can just go ahead and kiss my
    3. Re:Boycott MPAA: See the movies cheap! by ajs · · Score: 2

      No, that was not my point. The point was that if you stand in a room full of Slashdotters and scream "screw the MPAA!" you'll get a bunch of shouts in support, but an hour later the topic will turn to what movie everyone's waiting for the most.

      If, on the other hand I walk into that same room and say "lets all get together and go see "Death Star D00dz!" in two weeks, I'll get some takers who would have otherwise seen it this weekend. I've taken a little money out of the RIAA's pocket instead of none, and in my book that's a win.

      Now, if they weren't going to go see "Death Star D00dz!" anyway I've lost, but if I pick the right film I can pretty much guarantee that that's not the case (the percentage of Slashdotters who didn't see Lord of the Rings in theaters could be a topic of polling, but I'm willing to bet it would tie Cowboy Neil).

    4. Re:Boycott MPAA: See the movies cheap! by ajs · · Score: 2

      even that is too hard and unnecessary!

      What, going to see a movie is hard? Or are you refering to wearing a T-shirt? That was optional. You do have to wear something, though.

  136. License to commit acts of terrorism by linuxbert · · Score: 3, Insightful

    Correct me if im wrong, but are their not bills which have been passed, or are in the process of being passed that make acts such as these considered terrorism?

    Terrorism is wrong, unless your a big company....

  137. Re:RTFB by anthony_dipierro · · Score: 2

    Sure they can - what if the DoS affected a hospital network, or managed to disable a system responsbile for controlling a nuclear power plant, or a train, or the air traffic control system?

    Then A) the hospital or nuclear power plant or train or air traffic control system should be sued for negligence and B) the DoS attacker can be sued for murder or attempted murder or terrorism or whatever is appropriate under the circumstances. Of course, I deny that such a situation is possible in the first place.

    You are using a standard response when any script kiddie was caught - "I wasn't doing any harm" - but the truth is you have no idea whose other electrons are buzzing around out there.

    Life critical systems should not rely on the internet, plain and simple. Also, there are already laws in place to cover this. Finally, it is outside the enumerated powers of the constitution to have laws regarding this.

  138. Re:Legal way to destroy Microsoft? by Nocturnal66 · · Score: 2, Interesting

    I'm glad someone else thought of this..... Quite simple really - write a song, doesnt matter what it is, or even if you know how to play - bang two tin pots together or something, and record it. Then put it on a CDR, and copyright it. Sell it to a friend for 10 cents and you have LEGALLY distributed it. Now..... lets go see if anyone has pirated my song thru P2P. Where can we hack into and search first? Microsoft? Yahoo? Department of Defense??? The possibilities of what you can now do LEGALLY are endless.....

  139. Re:What else can the MPAA do? by Laplace · · Score: 2

    Recently there was a virus that caused WebTV consoles to dial 911. A possible place to apply that clause?

    --
    The middle mind speaks!
  140. Re:Irony about Berman... by meehawl · · Score: 2

    He's the ranking minority party member on the Standards (read: Ethics) Committee in the House.

    So when the always-amusing-to-watch Traficant accuses people of hypocrisy, he's actually telling the truth for once? That is amazing.

    --

    Da Blog
  141. Re:RTFB by anthony_dipierro · · Score: 2

    why should something that serves no purpose other than to cause damage not be illegal if both the originator and the target are in the same country?

    The question should not be why shouldn't there be a law. The question should be why must there be a law? The federal government of the U.S. certainly does not have jurisdiction over the internet. It's simply not one of the enumerated powers in the constituion.

    we're just talking about making an activity that serves no purpose than to cause damage within a single country illegal. what's the problem with that?

    The biggest problem is that enforcement costs money, and the federal government should not go around policing private systems. If I set up a network between my house and my friends house, should the government be able to regulate it? What if I set it up with 10 friends? What if it's my whole town?

    The internet is a private system, it should be protected through contract law, not federal regulation.

  142. On private corporations enforcing laws by Anonymous+Brave+Guy · · Score: 2
    It is not the place of private corporations to be actively enforcing laws. So, yes, it is unfair.

    That's a tough call. By the same token, we shouldn't be running a firewall on the office network to protect our own systems, because if anyone hacks them, the government should go after the crackers. While it may (or may not) be a laudable ideal, the world just doesn't work that way. The only rights you get to keep are those you're prepared to fight for. If your rights are being violated wholesale -- as the recording industry's are at present -- you have to fight back all the harder. That's all they're doing, and if you're not trying to justify your own illegal copying, it's hard to find fault in that. (Whether they should be investigated themselves for complex monopoly abuse and price fixing is an entirely different question, but that's not the issue here.)

    Would you want insurance companies sending employess out on highways with radar guns to write speeding tickets? I'm sure speeders hurt the insurance companies' bottom lines.

    No, I wouldn't want them issuing speeding tickets, but I'd be quite happy for them to charge higher rates for known dangerous drivers. Since I don't speed like a maniac, run red lights or use my mobile on the move, this will result in the lower premiums I deserve as a sensible motorist, rather than my having to subsidise the idiots who cause the accidents, and I really don't have a problem with that. After all, you don't really think it's the insurance companies rather than other motorists who pay for it, do you? (Of course, I'd rather the traffic laws were made sensible and the police allowed to deal with genuinely dangerous drivers rather than minor parking or speeding offences where the rules are silly, but that, again, is a different issue.)

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:On private corporations enforcing laws by Anonymous+Brave+Guy · · Score: 2

      I live in the UK. We're the most spied upon nation in the entire world. Some of it I find unjustified and dangerous. Most of it is not, and however misguided, is done with good intentions.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  143. Vote incumbants out. by Maul · · Score: 2

    Congress needs cleaned out now. I've said it before, but incumbants need to go. All of them. It is quite obvious that the vast majority of people in our congress no longer represent the American people, but now represent whoever pays them the most.

    If voters can wake up and realize this, and voted their incumbants out, it would send the message to congress that they can't get away with selling us out. It would also send a message to corporations that they need to get back to running their businesses properly, rather than buying a law to protect them.

    Of course, this won't happen as long as both major parties are successful in duping voters into thinking that they "care" about issues important to voters.

    --

    "You spoony bard!" -Tellah

    1. Re:Vote incumbants out. by mpe · · Score: 2

      Congress needs cleaned out now. I've said it before, but incumbants need to go. All of them. It is quite obvious that the vast majority of people in our congress no longer represent the American people, but now represent whoever pays them the most.
      If voters can wake up and realize this, and voted their incumbants out, it would send the message to congress that they can't get away with selling us out. It would also send a message to corporations that they need to get back to running their businesses properly, rather than buying a law to protect them.


      You'd also need some new candidates. At least one Congress full, ideally 3-4 times that many. Otherwise all that would happen would be that the names would change, but the things which happened would stay much the same.

      Of course, this won't happen as long as both major parties are successful in duping voters into thinking that they "care" about issues important to voters.

      It's very unlikely to happen unless the US gets a sensible number of political parties. Which would be something like 4-5 national parties and 70-130 state and regional parties.

  144. What about us furriners? by ReginaldBarclay · · Score: 2, Interesting

    Suppose I, situated in Europe, shared something your (RI,MP)AA would object to. What then? Would your p(r)etty "Congress" yet another time rule that fscking USian law has to be applied _worldwide_ (much alike Sklyarov)?

    Right now I'm fantasizing about DMCA vs. EU cybercrime directives, the latter _explicitly_ making (d)DoS illegal.
    But, as the old saying goes:
    -- Q: What is the DMCA, exactly?
    -- A: The Copyright Lawyers Lifetime Employment Act.

  145. Re:this cracks me up by Melantha_Bacchae · · Score: 2

    An AC wrote:

    > A bunch of kiddies up in arms about their "right"
    > to illegally traffic in copyrighted works is being
    > "infringed". Get a real job so you can BUY the
    > stuff. I doubt anybody here has actually CREATED
    > anything, so you have no appreciation of the
    > artists side.

    I am 39.
    I don't share mp3's.
    I have an extensive collection of legally purchased CD's.
    I have a real job as a programmer.
    I have created copyrighted works in my name and those of my employers.

    The rights that would be infringed by this bill are not "fair use rights", or any "right" to break the law.

    The rights that would be infringed are the very real Rights in the Bill of Rights in the US Constitution. This bill, if it became law, would make the ??AA into a police body, that can, without a trial or warrant, break into your computer and damage your property. That is unconstitutional vigilante justice, and very, very wrong.

    This law would turn the ??AA into real pirates of the digital sea. About the only difference, besides the fact that computer != boat, is that presumably their ability to do damage will not include rape and murder.

    And while the ??AA go on their free hacking binge, any kid caught cracking a computer and/or defacing a website (which is also wrong), will be getting up to life imprisonment, a bit extreme if you ask me.

    Come on, Tok Wira, these sharks have gotta pay!
    New Kirk calling Mothra, we need you today!

  146. Re:The Great Hacker War... by interstellar_donkey · · Score: 2

    The Great Hacker War

    That sounds like a great idea for a movie. I bet they could make a really cool soundtrack to go with it.

    --
    The Internet is generally stupid
  147. Heh. by wedg · · Score: 2

    My solution? Wait for someone at the RIAA to try and download *MY* own personally written songs, to see if they're copyrighted material, and then DoS them. :)

    Or any other idea along that line. (Wait for the Gov't to download? Or anyone else?)

    --
    Jake
    Dating: while( 1 ){ call_girl(); get_rejected(); drink_40(); } return 0;
  148. What about other countries... by fpepin · · Score: 2

    It would be unfortunate if in their zeal to go and hack any computer they think has copyright material they end up on an Canadian or European computer there.

    They'd probably have a few nice lawsuits on their hands there after all.

    And even trying to limit their searches to the US would most likely end up working imperfectly. I don't think that there's anyone who figured out a fool-proof way of mapping IP addresses to specific country.

  149. Several thoughts on this horrific legislation by vsync64 · · Score: 2
    First, from a quick glance at the bill, copyright owners are only allowed to DoS the distribution of a particular file, not the entire connection:

    ''(b) EXCEPTIONS.--Subsection (a) shall not apply to a copyright owner in a case in which-- ''(1) in the course of taking an action permitted by subsection (a), the copyright owner-- ''(A) impairs the availability within a pub- licly accessible peer-to-peer file trading network of a computer file or data that does not contain a work, or portion thereof, in which the copy- right owner has an exclusive right granted under section 106,

    But! Look closer:

    except as may be reasonably necessary to impair the distribution, display, performance, or reproduction of such a work, or portion thereof, in violation of any of the exclu- sive rights of the copyright owner under section 106;

    Although a horrible clich, Sun was mostly right. In today's world, the network is the computer. If they disable my network connectivity (only "as reasonably necessary", of course), they have rendered my system useless, especially as I use my system on a regular basis to download drivers for clients. That is serious economic damage to me.

    Plus, it appears I have to show that they "knowingly and intentionally" disabled my connectivity, and caused >$250 in damage, per incident. So they can cause me $50 or $100 of damage at a time, with immunity. Oops!

    If I think my neighbor stole my lawnmower, and I break into his garage to get it, I'm liable for the damage caused, regardless of whether I was malicious or simply mistaken. Why do the RIAA and the MPAA get more protection than I do?

    --
    TO BUY A NEW CAR WOULD MAKE YOU SEXUALLY ATTRACTIVE.
  150. Re:RTFB by Saint+Nobody · · Score: 2
    The question should not be why shouldn't there be a law. The question should be why must there be a law? The federal government of the U.S. certainly does not have jurisdiction over the internet. It's simply not one of the enumerated powers in the constituion.

    i agree, but i already said why i think there should be a law.

    The biggest problem is that enforcement costs money, and the federal government should not go around policing private systems.

    so if i took my privately owned can of spray paint, and painted a big, hideous smily face on your privately owned house, that's not vandalism, because it's all private? if i used privately owned equipment to tap into a privately owned cable system so i could watch hbo, that's fine? how about if i used that privately owned equipment to screw up other people's cable service?

    get the idea?

    --
    #define F(x) int main(){printf(#x,10,#x);}
    F(#define F(x) int main(){printf(#x,10,#x);}%cF(%s))
  151. FIRST by anthony_dipierro · · Score: 3, Insightful

    FIRST, read the bill. Second, read Berman's analysis. Third, read Berman's statement.

    Only then should you write a letter to your representative. And be sure to back up your statments very thoroughly if they contradict Berman's in any way.

    If you'd like to have someone try to tear holes in your argument, feel free to reply here :).

  152. Americans fuck themselves by Infonaut · · Score: 3, Informative
    by not using the rights they have. Americans have rolled over on their fucking backs, kicking their legs like cockroaches, because ( I hear this all the time) registering to vote is a pain in the ass, paying attention to the issues takes too much effort, ... etc., etc..

    American corporations are strong legal entities only because the American public let them get that way. The beauty of the US Constitution is that whenver Americans truly want to exercise their rights, they can reign in powers that threaten to undermine our freedoms.

    It's happened before. Look at the Robber Barrons. Their excesses spawned a raft of trustbusting legislation. Of course, that legislation didn't just create itself. Normal voters rose up and made their voices heard.

    Talk of revolution is nifty, and we'd all doubtless love to engage in a Matrix-style rampage against corporatism. But the real solution isn't revolution, it's working within the political system we already have. The problem is, that requires.. shudder!... actual participation in the process. You can't just write a fucking email or hack your Playstation and get results in politics.

    Revolt? Not likely, when Americans can't seem to use the power they already have.

    --
    Read the EFF's Fair Use FAQ
  153. Report on this on CNN.com... by ruiner13 · · Score: 2

    For me (don't know if it is randomly inserted ad or not...) the CNN article about this bill here had a very large nicely placed ad for Philips DVD-RW drives that simply stated, in big letters, "Burn your own DVD's!". I laughed...

    --

    today is spelling optional day.

  154. Re:What else can the MPAA do? by t0qer · · Score: 2

    God dammit, I hate it when I unjustly get modded as a troll, anyways..

    I've read all the responses thus far "Oh the MPAA doesn't have the right to go on my hard drive blah blah blah"

    The one thing everyone has to understand is that when you share on a P2P network, you might as well walk down to the MPAA offices wearing a big sign that says, "HEY LOOK HERE I'M PIRATING YOUR MOVIES YOU FUCKS!"

    A buddy of mine just left like 4 minutes ago, while he was here, he hooked his computer into my network and dumped a bunch of movies onto my hard drive. No advertising to the MPAA at all.

    So if you're going to pirate movies, go ahead, but don't cry if the MPAA erases your collection because you were advertising on a P2P network.

  155. Re:RTFB by anthony_dipierro · · Score: 2

    so if i took my privately owned can of spray paint, and painted a big, hideous smily face on your privately owned house, that's not vandalism, because it's all private?

    No, that's not what I mean. By trespassing physically on my private property, you are crossing the line. Why does it make a difference that the trespass is physical? I guess it's a matter of the fact that I can easily stop you from sending me bits, I can't ever stop you from physically trespassing.

    if i used privately owned equipment to tap into a privately owned cable system so i could watch hbo, that's fine?

    Absolutely, assuming part of the cable system you are tapping into is located on your own private property.

    how about if i used that privately owned equipment to screw up other people's cable service?

    I don't think there should be a law against that. Certainly not a federal law. It should be up to the cable company to police that.

  156. Functional requirements for next generation P2P by cowtamer · · Score: 4, Interesting

    Talking about "getting them back" is pointless.

    They will probably direct their DoS attacks against the internals of the P2P protocols, rather than the users machines. They will use disposable (and anonymous) nodes to do so--they may be unscrupulous, but they are not stupid.

    Nonetheless, the proposed law is extremely prone to being abused.

    What we need to do is start designing the next generation P2P systems that will be immune to things like legitimate-looking users posting bogus files, etc.

    ----------------
    Here's what I can think of on the spot

    1) Community-based systems (akin to slashdot) where some nodes have more "credibility" points.
    Node "karma" would be based on
    -Total Kbytes streamed out
    -Moderation by other "trusted" nodes

    The community aspect must not get in the way of reaching a "critical mass" of users, without which any P2P system is bound to fall.

    2) Ability to randomly sample small segments of files on remote nodes in order to determine whether they are legit. This would stop them from uploading complete garbage, or legitimate-looking beginnings followed by garbage.

    3) Distributed method of establishing trust. This is the tricky part. We could use public-key crypto in some fashion. Perhaps nodeID blacklists or whitelists could be distributed among the users, or uploaded to FreeNet. Before downloading a song from an unknown node, my machine would query 10-20 random nodes for blacklist info. This would make it a lot more difficult to set up random nodes hosting garbage.

    5) Other heuristics to determine the trustworthiness of nodes and/or files.

    7) Doing all of the above in a relatively speedy (i.e., not impractically slow such as gnuTella) and relatively anonymous/pseudonymous way.
    -----------

    Please reply (i.e., follow-up to the post) with any further ideas. Perhaps we can seed the minds of the developers who'll be coding the next generation of P2P software. Are there any ideas we can glean from eBay's trust management system?

    1. Re:Functional requirements for next generation P2P by flonker · · Score: 2

      Take a look at GNUNet. I've been studying it for a while now, and it looks extremely good. (Not perfect, but pretty damn close.)

    2. Re:Functional requirements for next generation P2P by Martin+S. · · Score: 3, Interesting


      Trust/Karma should be open ended and climb with diminishing returns making it more difficult to whore.

      I trust the bank to meet my cheques, I don't trust it to keep my privacy. I may trust a usenet poster to paraphase articles accuratly, but not his judgement in drawing conclusions. I may trust a poster to debunk UFO myths, but not his Politics. Therefore, Trust/Karma should against a set of seperate attributes/objectives.

  157. Re:The repo man has proof, though. by mpe · · Score: 2

    The legislative branch has a big inherent problem. If their predecessors did their jobs right, then theirs is essentially a maintenance function.

    This would include reviewing laws according to a published schedule. With ammendments or repealing of laws which were either obsolete or needed be somehow brought up to date, including changing the language to make them easier to understand. If things were working correctly the total ammount of in force legislation should not change that much.
    This function does not appear to be being performed. Anywhere on the planet. Including the passing of new laws which are utterly redundant.

  158. The RIAA and MPAA don't realize by Nogami_Saeko · · Score: 3, Interesting

    That they work for US.

    WE pay their salaries, WE pay their employees, WE pay their artists when WE buy their products.

    If they get us sufficiently mad, WE will not spend our hard-earned money on their products any more and THEY will feel it.

    It's about time to organize a month-long media boycott. Show the "big boys" exactly how much power we have over "their business". Pick a nice date like January, 2003, and just swear off ANY CD/Movie Ticket/DVD purchases for a month.

    Easy to do - if you wanna watch a movie or listen to some music, just borrow it from a friend, but don't spend a RETAIL DIME purchasing anything.

    --
    "Nothing strengthens authority so much as silence." - Charles de Gaulle
  159. MPAA/RIAA = whiners by dh003i · · Score: 2

    Once again, we have the RIAA/MPAA asking for special treatment. Wah.

    Once again, we have idiots trying to treat cyberspace differently from real space when the situations are identical and can be treated the same way.

    Basically, what the RIAA/MPAA wants is to be able to break into people's computers, and mess up their computers, because they think that those people have infringed upon their IP.

    In the real world, if I *think* -- or even *know* -- that someone has stolen say my MP3-player and put it in their house, that does not give me the right to tresspass on their property, break into their house, rummage around looking for my player, and mess up their house.

    In short, you have to go through LEGAL channels. That means the courts.

    This measure is particularly troublesome because it further empowers the rich and powerful (RIAA/MPAA) against the impoverished and disenfranchized (us). Its little different than the mafia.

  160. anybody else think of South Park? by karlm · · Score: 2

    The episode with the monster called "skuzlebut" and the hunting? "No, it's not poaching if you first yell 'Look out, it's comming right for us.'"

    --
    Copyright Violation:"theft, piracy"::Anti-Trust Violation:"thermonuclear price terrorism"<-Overly dramatic language.
  161. Re:Attack on Sovereignty! Write your congressman! by mpe · · Score: 2

    In short, the copyright holders become judge, jury, and executioner in regards to a section of Federal Law. And if you want to dispute the judgement, you can in some unspecified manner get a notification after the fact from a copyright holder that is unknown to you.

    Except that it isn't something which applies to all copyright holders. Otherwise the likes of the RIAA & MPAA would disappear uttterly with the possibility of half a billion (a wild guess at the number of both real and corporate "people" in the US) suspect copyright infringments.

  162. Why stop at computer crimes? by jcr · · Score: 2

    Hey, I'm sure the MPAA would love to kick in my door without a warrant and see what I've got in my box of dusty VHS tapes. Why aren't they asking their pet congresscritter to pass a law that says I can't shoot them when they try it?

    If anyone was wondering whether the MPAA was in fact evil, this should settle the matter.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  163. With the MPAA now doing evil... by AntiNorm · · Score: 2

    How long will it now be before Slashdot posts a story praising the latest movie?

    --

    I pledge allegiance to the flag...
    of the Corporate States of America...
    1. Re:With the MPAA now doing evil... by Chris+Johnson · · Score: 2
      People aren't perfect, or perfectly consistent, or capable of consistently pursuing rational self-interest.

      If they were, libertarianism would work :)

  164. nope no virii either by phriedom · · Score: 2

    The law only provides for the copyright holder to impede distribution over a public, decentralized p2p network. Here is the text from the section by section analysis.

    "Sec.514(a) provides copyright owners with a safe harbor from liability under= state or federal law only for actions designed to prevent the unauthorized= distribution of their works via a publicly available, peer-to-peer (P2P) file-trading network. The safe harbor provided by Sec.514(a) does not allow= the removal of files or data from a P2P user's computer, the corruption of= files or data on a P2P user's computer, or any other actions that would impair the integrity of any computer file or data. Sec.514(a) does not specify the particular technologies that a copyright owner can use pursuant= to the safe harbor. Rather, it allows the use of any technology that performs interdiction functions within the parameters outlined."

    I don't know what methods are left if DoS and virii are out, but I'm sure the *AA people had something in mind when they gave the bill to Berman.

    --
    Don't moderate flamebait as Troll. Know the difference or you will be Meta-moderated.
  165. Spoof IP addresses. Let DoS the pentagon :-) by crovira · · Score: 2

    And then the Vatican, the MPAA's own web site, the RIAA's site, Disney machines, NYSE's machine.

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  166. What it comes down to by 0x0d0a · · Score: 2

    Basically, what it comes down to is that the RIAA/MPAA have no nice way to go after Gnutella. P2P networks with single points of failure have already been attacked. Their proposal is to legalize opening tons of connections to download files and then just letting data trickle through.

    There has been extensive discussion among the many, many people involved with the Gnutella protocol on how to beat this. For example, instead of using "number of downloads" as a cap, one could use a hybrid "number of downloads/total bandwidth used" limiting factor.

    Still no word on how they'd take out Freenet.

    If you want to help fight this, grab an editor and start adding countermeasures and send in a patch to your favorite piece of Open Source P2P software. The coders already in the trenches would appreciate any additional help you could give.

  167. Just the House by cyberformer · · Score: 2

    Not law yet. The new bill (CSEA) still has to pass the Senate and the White House. But given that only three congressdroids in the House opposed it and hundreds on both sides voted in favor, I don't hold much hope that it will be defeated.

  168. Re:RTFB by anthony_dipierro · · Score: 2

    I notice that this excerpt doesn't include any provisions for actual APPROVAL of the methods or hack that will be used by the copyright owner.

    Thank God for that. There's no way I'd trust any government official or agency to choose which hacks are allowed and which aren't.

    "We're going to douse their server with gasoline and set it on fire."

    Well, you make a good point, and the law should be modified to only give immunity for specific laws (DoS attacks, presumably), so as not to allow something like murder. But, your particular example "impairs the availability within a publicly accessible peer-to-peer file trading network of a computer file or data that does not contain a work, or portion thereof, in which the copyright owner has an exclusive right granted under section 106" and isn't "reasonably necessary to impair the distribution, display, performance, or reproduction of such a work, or portion thereof, in violation of any of the exclusive rights of the copyright owner under section 106" It would also "[cause] economic loss of more than $50.00 per impairment to the property of the affected file trader, other than economic loss involving computer files or data made available through a publicly accessible peer-to-peer file trading network that contain works in which the owner has an exclusive right granted under section 106"

    But murder, for instance, probably wouldn't fall under either of those two exceptions.

  169. Re:RTFB by anthony_dipierro · · Score: 3, Insightful

    You could stop someone from physically trespassing on your property.

    Not if the person is determined enough to break in.

    Look at a jail, they stop people from trespassing all the time.

    Without using the law, they would be unable to do that. I could break into a jail if I really wanted to. But I'd get caught, and probably shot, as a result. Without physical property laws, we'd have chaos. Without laws against hacking, we wouldn't.

    You can't tap into a cable line that is on your property, because you don't own the mineral rights to the land most likely.

    Mineral rights to the land? How does that apply?

    I mean, by the same logic you should be able to tap into the electrical pole and bypass the meter because it's on "your" property

    Oh, I see what you're saying. I was referring to a cable which was entering your house. As in, you pay for basic cable and then "steal" HBO. I don't think that should be illegal.

  170. Crackdown by all copyright holders, like me by bildstorm · · Score: 2

    What the MPAA and RIAA don't seem to get is that people like me, who really hate them, are also copyright holders.

    So, what happens when the MPAA and RIAA use phrases I've used? I accuse them of violating my copyrights and crack into their systems.

    Open season, nothing. It's more like opening up a case of tactical nukes for public consumption.

    --
    The power of accurate observation is commonly called cynicism by those who have not got it. - G.B. Shaw
    1. Re:Crackdown by all copyright holders, like me by Markus+Landgren · · Score: 3, Informative

      There is a catch in the bill, so that it would not have the undesired effect of granting equality under the law. You are only allowed to sabotage publicly available peer-to-peer systems. I doubt Big Business use those systems, so it will still be illegal for you to attack them even if this bill becomes law.

    2. Re:Crackdown by all copyright holders, like me by ichimunki · · Score: 2

      So maybe it requires more than a phrase. But hell, my Slashdot posts, my Usenet posts, all of the content of my personal web site(s), and anything else I've ever put on the net where the public can get at it *is* copyrighted. I've certainly posted mp3s of music I've recorded and photos I've taken and fonts I've designed. All of this is copyrighted. If the [MP|RI]AA can crack my box, I sure as fsck can crack theirs. Although I'll be much more interested in cracking heads than servers at that point.

      --
      I do not have a signature
  171. Re:1984 by Glytch · · Score: 2

    Oh, that's silly! A perpetual war against The Enemy, designed to keep the lower class complacent and under control so that those in power can stay in power? Nonsense, that could never happen in real life!

  172. Can the Supreme Court rule it unconstitutional? by smiff · · Score: 2
    Usually, the Supreme Court is the defining authority on whether or not a law is constitutional. The Supreme Court reached this conclusion during Thomas Jefferson's presidency. Jefferson, disagreed. He felt that each branch should decide for itself what the constitution says. In practice when it comes to outlawing things, the Supreme Court has the ultimate say in whether or not to enforce the law. If congress passes an unconstitutional law, the courts just say, this is unconstitutional, we won't enforce it.

    How will this work for a letter of marquee? This law basically states, "this action is legal". The courts can't throw someone in jail for doing something the law specifically permits. If the Supreme Court refuses to enforce this law, they have accomplished nothing.

    It would seem to me, that in order for the Supreme Court to rule this law unconstitutional, they would have to rule the entire computer hacking code unconstitutional.

    I am not a lawyer. I may be way off base here.

  173. Other actions to take. by no_choice · · Score: 2, Interesting

    Writing to our elected officials is important. We also need to remember that there are some very good organizations that really understand these issues and are out there fighting for our rights every day. They need and deserve our support.

    Even small donations will make a difference. There are a lot of us, people; once we get into the habit of putting our money where our mouths are, the **AA's will be in deep trouble.

    If you can afford it, consider donating $100 a year to each of these organizations, as I do. It's really worth it.

    - The Free Software Foundation
    (click on "Donate", or volunteer, or contribue hardware or expertise)

    - Electronic Frontier Foundation

  174. Re:RTFB by anthony_dipierro · · Score: 2

    Someone could probably break into your computer given enough motivation also. Firewalls aren't foolproof.

    They're not foolproof, but properly installed most of them are hackproof. On top of that, anything which you aren't willing to have hacked probably shouldn't be stored online anyway. At least not unless you really know a whole lot about security, and only then on a private machine which doesn't allow incoming connections.

    As for credit cards and other data stored on servers, it's not that big of a deal if that gets stolen. Besides, my original statement was only about DoS attacks, though I do believe that anything occuring solely over the internet should be legal.

  175. If they hack your PC... by Eric+Damron · · Score: 2

    ... just write an article about it and post it on this site. They be slash dotted. Kind of like a legal DoS!

    --
    The race isn't always to the swift... but that's the way to bet!
  176. Mostly harmless by Art_Vandelai · · Score: 2, Interesting

    It appears that the MPAA/RIAA, etc. will only have the ability under this law to:

    a) restrict people from trading works to which they are the copyright owner (meaning every company that owns copyrighted material will have to employ these countermeasures or have someone do it on their behalf)

    b) intervene only on the P2P network itself (deleting files on file traders PC's is expressly prohibited by the legislation) as those files may have been created via fair use.

    c) only affect "Public" P2P networks (e.g. Gnutella)

    What they are trying to get approval for basically amounts to running programs (some kind of bot maybe) that interrupts or interferes with downloads of whatever files they are trying to prevent from reaching public distribution. They can only

    "block, divert or otherwise impair the unauthorized distribution, display, performance, or reproduction of his or her copyrighted work on a publicly accessible peer-to-peer file-trading network, if such impairment does not, without authorization, alter, delete, or otherwise impair the integrity of any computer file or data residing on the computer of a file trader."

    This will deter casual users from trading files with P2P, and the most popular media will probably be very hard to obtain for some time after its release. I don't think they'll give a shit about your rare old Morrissey bootlegs or anything that's not on the Bestsellers lists.

  177. Would not and can not work. by twitter · · Score: 2
    If the MPAA/RIAA tried to DoS every dinky Kazaa burdened PC they would shut down the entire net. Warez, we are told, already eats up disporportionate quantities of bandwith. How much bandwith would it take to disable each and every provider? It's unlimited! There is not way they could do this and not shut down the web.

    Al Gore would weep for his child and GWB would think that Al Kie-Duh had destroyed the internet and all ecomerce. Better send a cruise missile at them right away!

    And I thought their current DoS attacks, which fill the sharing databases with crap music, was bad. Then I turned on the radio and heard how bad it really was.

    --

    Friends don't help friends install M$ junk.

  178. Re:The bottom line: by Zordak · · Score: 2
    Clearly, there will be no consensus here because we are working from different definitions of the word "Chrstian." I agree that there are doctrinal differences between Mormons and other Christians, and I do not apologize for those beliefs, but I would like to clarify a couple of things from your post.

    The quote you provide from Elder Ballard is both accurate and in context, and you are quite correct that the proper place to find out about what Mormons believe is to visit either lds.org or mormon.org, both of which are operated and overseen by the Church and can be trusted to contain correct information.

    However, byu.edu cannot be trusted as a source of doctrine, and particularly, the page you visited seems to just be the reflections of a random student or professor. The link does not work, so I can't see who wrote it, and I can't claim any more authority to define church doctrine than the author, so I will defer you to the pages at lds.org and mormon.org above. Some of those assertions you will find on the pages above, and those you can call LDS doctrine (you are quite correct that many of them will be different from what you believe). Others you will not find (I do have to address the worst fallacy: Yes, God did create us. I don't know what the context of that quote was or what the author was trying to point out, but it simply is not true. Gen 1:27 -- God created man in his own image. The only thing I can think of, besides the author just being whacko, is that we believe that God the Father directed the creation through Jesus Christ, who is also God, but since you believe they are one and the same, I can't see a whole lot of divergence there).

    If you are seriously interested in what we believe on those subjects, there is a link to the scritpures on the lds.org site, and you can look up the following references, which pertain to the assertions in the page you found:
    Gen. 1:26-27 (Bible); Alma 34:8-10(Book of Mormon); Doctrine and Covenants 131:22-23; Moses 1: 10-17, 31-42 (Pearl of Great Price); Rev. 12:1-11 (remember, we identify Lucifer with Satan) (Bible).

    The scriptures are the basis of our beliefs, and anything else you happen across on that site, you can trust, especially if it is a quote from one of our General Authorities (like Elder Ballard), who are the ones authorized to interpret scripture.

    In summary, yes, we believe in Christ and all of his teachings, yes, we believe in the Holy Bible (we particularly prefer the KJV), yes, we probably have very similar beliefs about what is right and what is wrong, yes, we celebrate holidays, birthdays, Easter, Christmas, and any other excuse we can find to serve red punch and cookies, yes, there are sometimes substantial differences between Mormons and other Christians, but no, that is not a reason that we cannot all work together for good common causes. If you know many Mormons, you will probably find that they are overall pretty normal folks. So, I think that other than a difference in definition of the word "Christian," we pretty much agree with each other. And that is indeed the most religious and off-topic discussion I have ever had on Slashdot.

    --

    Today's Sesame Street was brought to you by the number e.
  179. Hrmm... by Anonymous Coward · · Score: 2, Informative

    "if such impairment does not, without authorization, alter, 19 delete, or otherwise impair the integrity of any computer 20 file or data residing on the computer of a file trader."

    From my limited personal experience with DoS attacks, I've found that a sizeable force attacking even a cable modem user can have unforeseen consequences.

    I had a network admin friend of mine that worked for a DSL ISP shove a DS3 line full of packets directed straight at my cable modem one early morning. He performed a brutal DOS attack on me for about 20 seconds.

    As soon as "Doing it... NOW" came across the IM, the lights on my modem fired up solid and my mouse quit working. The only remedy I had was to disconnect the cable modem, but it still had caused my system to become unstable to the point where the reset button was the only remedy - no mouse or keyboard response whatsoever. When I restarted, the Windows Scandisk message came up and, sure enough, it found problems with the file system... files lost.

  180. Not just the "who" matters, but also the "what" by JaredOfEuropa · · Score: 2

    DoS attacks do not have to take the form of network flooding. One form of DoS I hear most about is offering bogus material with filenames/tags of popular movies and music, on P2P networks. Also, there may well be ways to frustrate programs such as Kazaa by opening lots of connections, sending it invalid commands or things like that. That would not have to take up lots of bandwidth, nor would it alter any files, which is one of the provisions in this Bill.

    Another thing: doesn't this bill state that they can hack or DoS in order to prevent (suspected) illicit distribution of their works? Does this mean that they can cause collateral damage and side effects, such as preventing you from using the net at all or swapping legit files? Or are they allowed only to stop you from swapping illicit files? To me, the bill isn't clear on this (though IANAL). Of course, the RIAA and MPAA may interpret this bill in the broadest sense, so yes, they will be allowed to DoS your internet connection, and not just the P2P part.

    --
    If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
  181. Net Police by MartyJG · · Score: 3, Informative

    The music industry is already using a company called NetPD to hunt down and kill copyrighted material. Unfortunately they don't just go for the files. They were interviewed for a 'cybercrime' documentary on the BBC recently and they explained they find out who is distributing the files (includes P2P clients as well as websites) and sends one of those we've-got-lawyers, your-customer-hasn't letters to your ISP.

    (I'd LOVE to waste some of my spare bandwidth/cpucycles hammering the servers they use to search for files - but this would have to be done by a larger number of users than just me.)

    --
    insignificant sig
  182. Sony flouts NZ copyright laws with impunity by NewtonsLaw · · Score: 2

    For more proof that the recording companies expect special dispensation when it comes to engaging in otherwise illegal acts check out New Zealand's copyright law and Sony's blatant flouting of them.

    According to Section 37 of the NZ Copyright Act, the importation, sale, hire or in some cases mere possession of any device "specifically designed or adapted for making copies" of copyrighted works is a breach of Copyright Law.

    However, in the advertising for their Mini Disk player, Sony claim purchasers can "quickly and easily connect Net MD directly to their PC in order to download music files from the Internet or their CD-Rom drive"

    Now excuse me -- but since Section 30 of the NZ Copyright Act clearly states that "The copying of a [copyrighted] work is a restricted act in relation to every description of copyright work", then it is obvious that Sony are promoting a device that is designed to break the law.

    However, do you think the local recording industry has lodged a complaint about Sony's law-breaking?

    Hell no!

    Could it be because the head of Sony Music NZ is also the guy the recording industry has given the task of heading up their anti-piracy campaign?

    For more information on NZ copyright laws you can check out the article on Aardvark.

  183. contact riaa on http://www.riaa.com/Contact.cfm by Phil+John · · Score: 2, Informative

    I am sure that if they recieved 100000+ messages through this system, not only would coldfusion throw a spaz attack but they might start getting the message. Slashdot is the best DDoS system I have ever seen. ;o)

    I've essentially told them to think twice before going after everybody, or they will have trouble on their hands from nations who's premiers aren't president ("tatoo idiot on forehead now") Bush's lapdog. Companies never listen to complaints until you explain to them how their actions will lead to a decrease in profits for them. That's how I get £20 off my mobile phone bill some months...bad reception, I tell them about all the p**sed off people in the area who are thinking of leaving, I get £20 off and am happy until I have to complain again.

    The RIAA and MPAA should realise that by walking down this very dangerous path, not only could they lose a lot of business, look bad, but also start an international incident that could have serious ramifications for years to come.

    I mean, terrorists already get pissed off by the U.S.A.'s desire to control everything outside their borders...this just gives them more ammunition.

    Good luck to the RIAA and MPAA, they're going to need it.

    --
    I am NaN
  184. *If* they have the technical means. by David+McBride · · Score: 2, Insightful

    Nothing in this bill states that a copyright holder has a right to perform electronic attacks against those they believe are infringing apon them. Rather, they simply will not be penalised if they find and exploit the means.

    The distinction here is subtle, but can be summed up as this: no-one (including a copyright holders ISP!) is obliged to allow an attack to take place.

    ISP: "I'm sorry sir, I know you can't get any network connectivity outside of our network, but that seems to be because you've violated their terms of service."

    Any ISP which has an even remotely sane Terms of Service is well within their contractual rights to terminate, without compensation, any wrongdoers network link if they start abusing it - copyright holder or otherwise, regardless of whether this bill passes into law.

  185. What I don't understand... by Squeeze+Truck · · Score: 2

    Why is it that we have to obey all the laws, but nobody in power does?

    These people can seriously do whatever they damn well please, can't they? Hack your computer, lie to the SEC and their shareholders, whatever. And nothing ever happens to them.
    At the same time, the penalties for people like us keep getting harsher and harsher.

    Know what? Obeying the law looks like a long-term losing proposition to me. I don't think I'm going to do it anymore. Fuck the law. If the law doesn't protect equally, there is no law.

    Mr. MPAA, from now on I am going to do everything in my power to rob you blind and make you suffer. I'm not going to pretend that my p2p client is for any legitimate use. My p2p client is for theft purposes.

    --

    "Reactionaries must be deprived of the right to voice their opinions; only the people have that right." - Mao

  186. using FUD by Martin+S. · · Score: 2


    but the editorializer has clearly overstated the scope and effect of this bill. This seems to be a common tactic of those who rabidly defend an anti-copyright position with regards to modern file sharing.

    So what ? you know it, I know, the poster knows it.

    What you are forgetting is that Geeks are mirroring a 'common tactic' because it WORKS, we've been taught that lesson by some of the best practitioners of the FUD in the world.

    The real question is why YOU oppose any effective technique?

  187. Now that's a good point... by TheConfusedOne · · Score: 2

    If the MPAA/RIAA heads surf the 'net (which isn't a forgone conclusion) then they'll have copyrighted material in their web caches.

    Everyone should monitor their web server logs for hits from the big five music companies. When you see one, launch a "probe" against that IP address and ensure that they don't have any of your copyrighted material (say that logo on your home page, or maybe use an IE exploit to shove an MP3 onto their box) in their computer. (You'll have to make sure that you place language on your sight asserting your copyright and restricting the permissions to your logo.)

    --
    --- I wish I could hear the soundtrack to my life. That way I'd know when to duck.
  188. I Found The Money by KunningStunt · · Score: 2, Informative

    He gets all of his freakin money from the entertainment industry. Have a look: http://www.opensecrets.org/politicians/contrib.asp ?CID=N00008094&cycle=2000 and: http://www.opensecrets.org/politicians/indus.asp?C ID=N00008094&cycle=2000

  189. Unfortunately, there's a precedent by LittleGuy · · Score: 2

    You know all those undercover cop stings to test store clerks if they will sell tobacco and/or alcohol to minors in the US? Look up your state's statute on this, and they will list an exemption specifically for this kind of operation.

    --
    Mod Karma -1: I sed bad wurds. If I cep my mouf shut, I wud be at riyses.
  190. What difference does it make? by HuskyDog · · Score: 2

    OK, just suppose that this law doesn't pass and the MPAA/RIAA go ahead and launch DOS attacks anyway. What precisely are you going to do about it? No-one here has anything like enough money to sue them anyway.

  191. Re:Great plan, one problem... by crawling_chaos · · Score: 2

    DDOSing them will very simple. All we need to do is to try to force them to think logically, a la Captain Kirk with the super-brain computer. The hamster wheels that pass for neurons in their heads will seize up.

    --
    You can only drink 30 or 40 glasses of beer a day, no matter how rich you are.
    -- Colonel Adolphus Busch
  192. Re:RTFB by ShavenYak · · Score: 2

    Then A) the hospital or nuclear power plant or train or air traffic control system should be sued for negligence

    That makes as much sense as suing me for negligence if I'm driving down the street, someone shoots me, and I run off the road and kill a kid on his bicycle.

    and B) the DoS attacker can be sued for murder or attempted murder or terrorism or whatever is appropriate under the circumstances. Of course, I deny that such a situation is possible in the first place.

    I wonder whether, under this bill, the MPAA or RIAA could be prosecuted in the event their actions caused this sort of damage. As far as whether it's possible, I know a radiologist who reads CAT scans and such from home when he's on call, but I'm not sure whether it's over the internet or on a dial-up line - and I would hope that they have a 'Plan B' for life-threatening situations.

    Life critical systems should not rely on the internet, plain and simple.

    No, but that doesn't mean the internet shouldn't be protected from attacks wherever possible. There are businesses large and small which rely on the internet to communicate and to conduct operations.

    Also, there are already laws in place to cover this. Finally, it is outside the enumerated powers of the constitution to have laws regarding this.

    There I have to agree. The computer crime code is basically useless; anything that can be prosecuted under it should have been prosecutable without it. If someone damages a person's property or deprive them of their livelihood, they should be held equally accountable whether they use a computer, a gun, or a salami.

    --

    Hey kids, there's only 5 days left 'til Yak Shaving Day!
  193. Re:You need permission to sue by macdaddy · · Score: 2

    Ah.. but if that happens, they won't be looking for copyrighted works on consumer's machines. They'll be attacking my business. I don't need permission from "the guy who got beat by a dead guy" to sue them for that. $250 isn't hard to prove either.

  194. UK Computer Misuse Act 1990. by Martin+S. · · Score: 2

    Not likely, I and my kit live in the UK, So ...

    I'd report them to the Police under Section 1 of the Computer Misuse Act 1990.
    The police would collect all the evidence under criminal law, for me.
    The UK/US has a extradition treaty, so the 'Consultants' would spend upto 6 years in Jail for each attack/Offence.
    The Management that ordered the attack would spend upto 12 years in Jail for count of conspiracy.
    I sue them under civil law and gain a default judgement, because they've already been convicted under the heavier burden of criminal law.
    I would claim for punitive damages since the damage was wilful.
    I would then gain an Anton Pillon Order and cease assets cash/takings from their Cinemas and Stores.

  195. Reuters take on things by Martin+S. · · Score: 2


    http://www1.excite.com/home/technology/tech_arti cl e/0,2109,159551|technology|07-25-2002%3A%3A16%3A22 |reuters,00.html

  196. Valenti backs away from P2P hack bill by Martin+S. · · Score: 2


    It also starting to Look like Valenti has been forced to back down.

    http://www.theregister.co.uk/content/6/26402.htm l

    Now they are on the run do NOT take this as victory and relax. I advocate moving onto the attack and pressing home the advantage. Tell your friends 'Look what they tried to do', tell them the MPAA/RIAA et. al. need to be watched they are trying to steal your rights, If we Geeks where not on the ball they may have suceeded. They still could. In short, rope likely future allies into the victory.

    1. Re:Valenti backs away from P2P hack bill by Chris+Johnson · · Score: 2
      Back down, hell! What is bothering Jack is that the proposed law would also allow individuals who have created their own works to hack into THEIR computers in turn, legally.

      My URL contains copyrighted material- it is still copyright me even though I allow people to give it to others over the Internet. At airwindows.com I have other copyrighted material, analyses of mp3 encoders, fiction I wrote.

      Under the law as proposed, that gives me as many rights to hack the hell out of them as they have to hack me. Maybe I want to see whether the MPAA has copies of 'Kings Of Rainmoor', which I've considered trying a screenplay for (if they can do LoTR they can do this). That is a legitimate reason under this law to hack the hell out of the MPAA and the movie studios- it is MY content. Supposing some movie studio came out with something similar and I had a need to see if they had copies of my original work that they had referred to?

      And this is what makes Jack unhappy. He is very clear on the notion that he, the MPAA, the RIAA et all should get to hack up 'consumers'. Not being a 'consumer' is not an option. The idea of an independent content producer does not fit into their little minds- and the idea of these unthinkable things, content producers NOT affiliated with **AAs, having the legal right to hack him right back, well, he is not happy with this. Damn right he is stating objections but it's important to understand what his objections are.

      I would call it 'Jacking up', not backing down. He's in favor of the hacking- he just wants the language changed so that only the MPAA and the RIAA ever get to do it!

  197. First draft talking points. by Irvu · · Score: 3, Insightful
    Heres a first draft of what came to my mind as I read this (Copyright) "Business Vigilante law":
    1. Permits larger corporations to take the law into their own hands in dealing with alleged piracy. Vigilatism was illegal the last time that I looked.
    2. Permits a shoot-first and ask questions later approach to dealing with the issue as the actors are permitted to first invade or otherwise attach an individual's system and then inform the Justice department. (Do the inform the TIPS program of what else they find?)
    3. Opens the door for wider vigilantism by promoting the idea that, where corporate interests are concerned, the Law cannot be trusted.
    4. Opens the door to wider public vigilantism by making it apparent that anyone is entitled to break into their neighbors home and look around just on the off chance that said neighbor stole their missing saw.
    5. Puts more power on large corporations in a time when we are constantly facing a torrent of scandals showing just how little these groups can be trusted.
    6. Permits copyright holders a loophole to engage in acts that are federal offences under current law thus making it apparent that the law does not equally apply.
    7. Permits individuals who have suffered damage at the hands of these cyber-vigilantes only civil courts as a remedy. Thus forcing individuals, and small businesses into an arena where they cannot compete with the well-staffed and well-funded legal teams of the Motion Picture Industry Association of America and the Recording Industry Association of America. Indeed by making civil suit the only option it virtually guaranteed immunity to these companies who can afford many expensive lawsuits versus the universities, ISPs and individuals who will be targeted, most likely randomly. This will kill any sort of public Internet as anyone who has the potential for making files available has the potential to be hacked.
    8. This will crush the utility of the Internet as a social and economic medium. What is the incentive for a university, business, or individual to go online if they face the potential for legally sanctioned hacking. The whole point of the current "get-tought on cybercime laws" is to promote the Internet for people and businesses by reducing the likelihood of destructive and privacy invasive hacking. This bill not only promotes such hacking thus increasing its frequency but gives it a legal sanction thus reducing the ability of Individuals and Businesses to seek legal redress. Ironically it is the lack of such redress that has been driving many of the current cybercrime initiatives.
    9. This will raise the amount of such suspicious activity as DoS attacks in this country at a time when the Defense department and Department of Justice are asserting that cyberwar is inevitable and that we need to be prepared for it. In effect this will raise the surrounding "noise" of hacking and make it more difficult for the Justice department and our Security agencies to sort out "legal" hacking from "illegal" hacking.
    10. opens the door for rampant domestic spying. In the this law is the computer equivalent of granting the rights to anyone to invade my home, read my private documents, and scan my activities just on the off chance that this has anything illegal in them.
    11. This will DESTROY privacy on the Internet, and make possible a wider degree of citizen reporting and domestic spying this time by vigilantes not the government. However, what's to stop these groups from using the information that they obtain on me in the course of "checking for contraband"? What is to stop them from sending anything they see to the proposed TiPS program? In short, nothing. This bill will crush personal privacy in the name of business interests and kill any hope of using the Internet reasonably in the process. Anytime I bring my computer online I might as well be opening my door for inspection.
    12. Lastly, and most importantly, this bill WILL NOT WORK. Even if these groups are permitted to carry around this large legal stick and beat people randomly with it, it will not "solve" the problem of piracy nor will it make our nation any more secure. In the end truly determined pirates will take their trading to a different (more hack-proof) type of network, small businesses, and individuals who are subject to these raids will be crushed, and the internet will cease to be a viable economic medium.
      1. Just a few comments

      2. Irvu.
  198. BBC's Take by Martin+S. · · Score: 2


    http://news.bbc.co.uk/1/hi/entertainment/film/21 53 309.stm

  199. Re:The bottom line: by Zordak · · Score: 2

    If you are honestly interested in the subject, we can continue the discussion off list. My e-mail is listed with my information. As for the BYU link to "The Book of Abraham Project" (it works now; it must have been down last night), I have not read the whole thing, but the author quotes lots of scriptures and some addresses from the semi-annual General Conference. Those are things you can find on lds.org, so feel free to look up those references, but remember that the author's interpretation is not authoritative. You will have to form your own opinions on the interpretation unless you can find an official source (i.e., somehting living in the mormon.org or lds.org domains) in which a General Authority has interpreted the passage. Again, anything you find at lds.org or mormon.org, you can consider official. Anything you find somewhere else on the internet is like most stuff you find on the internet -- may be true, may not be true. The problem with BYU, and that area in general, is there are just way too many Mormons there (I mean that quite seriously -- I live right in the middle of the Bible Belt and couldn't be happier).

    --

    Today's Sesame Street was brought to you by the number e.
  200. Sweet by macdaddy · · Score: 2

    I like the way you think!

  201. Re:Misleading article and sensationalist posts aga by Anonymous+Brave+Guy · · Score: 2
    Yes. It is not up to anyone but official law enforcement agencies to deal with people who break the law.

    And what when those official agencies fail to uphold your rights effectively? See "self defence, individual's responsibility for".

    I do not have the right to break into my neighbour's house to see if he has happened to steal something from my house, and much less bust his kneecaps to prevent him from doing so in the future.

    And neither does this Act give any analogous rights to any copyright holder. Get over your sensationalism and RTFA already.

    And when you consider the many mistakes made by trained police officers (see news the last few days), how do you think corporate vigilantes would behave? It is a terrifying thought.

    Given your legal culture, I imagine heavy punitive damages would quickly be slapped on the big boys if they go beyond the rights granted in the Act and abuse their systems. Nothing in this Act removes your right to have a go back in court if they do something unreasonable.

    I thought one was innocent until proven guilty in most civilized countries. The police even needs a warrant to enter your house to look for illegal material. Why should corporations be raised above the law? Why should they have rights which the police doesn't even have?

    Oh, please. We are talking about publicly available files. They can be searched freely by anyone. There is no extra power needed for the MPAA or RIAA to search your machine than Joe from Texas. And if they find their copyrighted stuff on your box -- the only time they are allowed to take action under this Act -- you have already been proven guilty.

    I'm sorry, but you sound like more of a hypocrite than anyone else here.

    Ah, yes, the old "name calling instead of reasoned argument" approach. Very convincing. I'm suitably impressed.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  202. but.... by DataSquid · · Score: 2

    because of this payoff (that's been going on since the 80s) I can feel comfortable in copying whatever I want, whenever I want. And no MPAA goons are going to come knocking at my door. Seems a small price to pay to get them to shut up (in comparison to this legislation). Yay Canada.

    --

    DataSquid.net, a little about me.
  203. Re:Misleading article and sensationalist posts aga by Anonymous+Brave+Guy · · Score: 2
    In my country, those who do law enforcement do law enforcement, and we leave them to deal with it. It is not possible for just anyone to act like they have police authority.

    Actually, if you live in almost any first world country, you're wrong both in theory and in practice. For example, there is some sort of power of citizen's arrest in many of these countries, though not necessarily conveying the same powers as a police officer would have. In practice, tell me that if you came home and some kid was jacking your car or attacking your daughter you'd feel obliged to let law enforcement do law enforcement and leave them to it.

    It is up to the system to punish those who break the law. To do so, one is required to take them to court and have them convicted.

    You're still confusing prevention with punishment. This Act makes no allowance for punishment whatsoever. It allows one party to defend their rights at the time they are being infringed and no more. This is not unique, and there are several fundamental laws in most Western countries that take a similar approach, e.g., your right to act in the above cases.

    I am talking about corporation taking over the role as the prosecutor and executioner.

    Yes, I can see that. That's why your argument is without merit. Nothing in the Act supports corporations acting as either of the above. Nothing allows you to be found guilty of any crime without a court hearing, and nothing gives anyone the right to punish you without a court hearing. The act only allows them to take action to prevent you from continuing to break the law if they can see that you are doing so, and violating their rights as a result. If you object to such action, you are quite at liberty not to break that law. In the meantime, you are objecting to parts of the Act that do not exist.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  204. Re:Misleading article and sensationalist posts aga by Anonymous+Brave+Guy · · Score: 2
    This bill was not about catching someone red-handed. It was about "reasonable suspicion".

    I'm no lawyer, but AFAICS, the bill doesn't seem to be about "reasonable suspicion" at all. It provides for various penalties to be applied if they block you where such does not exist, but does not seem to give any right for them to block you based only on suspicion, nor to limit any other action you could take if they block you otherwise.

    Granted, this isn't as much about punishment as such. Instead, it is about Denial of Service attacks made legal. These people want to prevent others from distributing digital content - even their own work!

    It is indeed about a DoS attack of a sort made legal, but doesn't the bill explicitly state that they mustn't interfere with any other distribution unless it's necessary to stop you from distributing their stuff? If you aren't breaking the law, they can't touch you under this act, and AFAICS it's really as simple as that.

    That seems fair enough to me. If you're wholesale ripping someone off and they take steps to stop you which happen to inconvenience you otherwise as well, I'm afraid you won't find any sympathy here. I buy my games and CDs, because while I disapprove of the aggressive pricing and complex monopoly used to enforce it in certain industries, I also disapprove of the wholesale flouting of a law that is, in principle, actually in the interests of the population as a whole.

    It is obvious that the bill is a pathetic attempt at limiting our rights.

    It doesn't limit your rights at all if you're not already ignoring other people's.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.