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Update on State "Communications Services" Laws

stwrtpj writes "The Electronic Frontier Foundation is reporting a breaking news item: Colorado Governor Owens has vetoed a super-DMCA-like bill similar to the one passed in Michigan." Felten has a comment on the Colorado bill. Tennessee is delaying their consideration of the bill. And Oregon's bill has died for now; see below for more.

babbage_ct writes "As has been reported on Slashdot before (see here, here, and here for just a few) the MPAA is pushing so-called Super-DMCA laws in states around the country. Well, score one for the good guys. Oregon's version, SB 655 is going to die. Turns out the sponsor was scammed by MPAA lobbyist. See the e-mail from legislative staff below.

From: "Staff SenCharlesStarr"
To:
Sent: Thursday, May 22, 2003 5:17 PM
Subject: Status of SB 655

Status of SB 655:

SB 655 is slated to die in committee this session. It is no longer an immediate threat, however, there will be a study commission appointed over the interim. Sen. Minnis decided that the issue was too complex to resolve this session. I will attempt to inform you when the commission is formed so that you can have further input. Oregon truly dodged the bullet on this. Some states passed the MPAA model legislation before the IT community even knew it existed.

The email you sent to Sen. Starr (and I hope all of the committee members) helped to stop this dangerous legislation. Good job! In case you're wondering why Sen. Starr sponsored this bill in the first place, it was requested by the MPAA lobbyist (who really is a nice guy) but Sen. Starr was told that it was a simple bill to update copyright law in relation to digital media. Yes, and a whole lot more! As the full impact of the bill became clear, Sen. Starr withdrew his support, which contributed to the bill's "unfortunate demise."

If you have any further questions, please feel free to ask.

Ken McDermott
Legislative Assistant
Senator Charles Starr
900 Court St NE S-312
Salem, OR 97301
staff.sencharlesstarr@state.or.us

14 of 223 comments (clear)

  1. Good News by clonebarkins · · Score: 5, Funny

    Wow, a governor with a brain. I'm moving to Colorado. Think they'll let me bring my guns?

    --

    "The evil of the world is made possible by nothing but the sanction you give it." -- Ayn Rand

  2. Please remember his name during election time. by damu · · Score: 5, Insightful

    nt.

    --


    Useless sig.
    1. Re:Please remember his name during election time. by bobdinkel · · Score: 5, Insightful
      Excuse me? Vote for a guy who can not understand the bills he is backing? Hell, no! This guy is dangerous, he shouldn't be allowed in Politics!
      No. This is a guy that listened to his constituents. And now he's more sensitive to these issues and is less likely to take lobbyists at their word. He'd have my vote in a heartbeat.
      --
      A publicly traded company exists solely to make profits for shareholders.
  3. So... by Mensa+Babe · · Score: 5, Interesting

    There maybe really is some hope... We should thank all of the people who are constantly helping in this fight for freedom. They don't have money and power, like the pro-DMCA people do, but they are on the right side. Thank you! It is a good time to donate money to EFF, without which, we could already forget about on-line freedom.

    --
    Karma: Positive (probably because of superiour intellect)
  4. Hyper-DMCA Laws by core_dump_0 · · Score: 5, Funny

    First DMCA, then Super-DMCA? Soon we'll have Hyper-DMCA, Ultra-DMCA, Mega-DMCA, and eventually Mega-DMCAx2 which gives full ownership of our computers to the entertainment industry.

  5. Lots of good news lately... by Bonewalker · · Score: 5, Interesting

    however, this will most likely lead to more subversive tactics (like the mass IM'ing they pulled recently) by the MPAA and RIAA...what they don't seem to realize is that they don't have a chance technology-wise against those that wish to share files. Of course, if they pull anything as sneaky and underhanded as actually attempting to delete files from user's system, that will be their final mistake, because they will surely feel the wrath of the enraged consumer then.

  6. Maybe writing your congressman CAN help! by g_adams27 · · Score: 5, Insightful
    > The email you sent to Sen. Starr (and I hope all of the committee
    > members) helped to stop this dangerous legislation. Good job!

    Wow! I guess maybe one guy writing his congressman can make a difference! I'm glad that there are some sponsors of bills like this who don't supporting super-DMCA-type bills because they're eeeeeeeeevil, but because they simply don't recognize the consequences of their legislation and are willing to change when they realize what they're actually sponsoring. I'm also glad this senator apparently had a legislative aid with some sense to oppose the bill!

  7. Get involved by geekoid · · Score: 5, Insightful

    politics effect your life, now and in the future.
    To not get involved is akin to not monitoring your servers and hoping all will always be fine. Then when it isn't fine, you just complain.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  8. Waking Up by Nom+du+Keyboard · · Score: 5, Insightful
    Hopefully this signals that people are finally waking up to what is essentially a stealth campaign to end the doctrine of Fair Use. It is now being exposed for what it really is, nothing more than attempts to take away rights you already have in order to better line the pockets of a few, already rich, companies.

    Now if they public could only realize why they would benefit from undoing the last several copyright extensions as well.

    And that legislative assistant may have called the MPAA lobbiest a nice guy, but I don't agree. He obviously lied about the bill to get it introduced. I'd never let that guy in my office again!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  9. Re:nice guy?!?! by Pettifogger · · Score: 5, Informative

    I know exactly what he speaks of. I, too, was a Legislative Assistant to a Senator here in Oregon. Though this issue did not come up when I was there, I worked with a lot of lobbyists. They tend to be selected as such because they have excellent personal skills and are very affable. You almost *never* get a hard sell from a lobbyist. This is why it's so seductive. They simply show up, are very polite, and it's next to impossible to send them off rudely or be short with them. They're simply trying to make friends, so their point of view will be taken seriously and they might get access to the Senator. Lobbying and influence are not as clear cut as people might think. Like I said, it's seductive.

    --

    IAAL

  10. Democracy? by osguru · · Score: 5, Interesting

    As bills like this are sponcered by our publicly elected officals - I can't help but think that "we the people" do not have any input as to what is acutally happening with the whole DRM/MPAA/RIAA non-sense.

    The majority of Americans who's stock and trade crosses paths with the DMCA appear to be strongly against it - yet corporations still wine/dine/donate to these politations that we apparently elected to push such pro-police state laws.

    Would it be fair to say that are elected officals only agenda is to do whatever the mega-corporation of the week has to say should be law?

    Are there actually elected officals who are are looking out for the common person's liberties, and such? If so, why are there not more of them?

    The people have spoken, we do not want a revamped DMCA - as we didn't even want the original DMCA... Yet the original DMCA passed??? That doesn't sound very democratic to me.

    1. Re:Democracy? by RealAlaskan · · Score: 5, Insightful
      Would it be fair to say that are elected officals only agenda is to do whatever the mega-corporation of the week has to say should be law?

      No. It would be fair to say that our elected officials' only agenda is to get re-elected. If mega-corp-of-the-week is more effective at aiding that cause than we are, they get to write the laws. If we're more effective, WE get to.

      Are there actually elected officals who are are looking out for the common person's liberties, and such? If so, why are there not more of them?

      Not many, and they won't be there long, unless the common people bother to find out who they are, and support them. We can support the good guys with money, but that won't go far if mega-corp-of-the-week decides to target them by funding their opponents. We can support the good guys by telling everyone we know WHY they're good. We can support the good guys with our time, by volunteering in their campaigns, year after year.

      It's all either expensive, or time-consuming, or both. That's why the mega-corps (and the mega-unions) generally do better at getting their way than we do.

  11. Process workings by Wylfing · · Score: 5, Informative
    The opening bit at the top from Starr's legislative assistant made me think of something my brother told me. He did a stint as a staffer for U.S. House Rep Dick Army. I asked him what the effect was of people submitting their opinion to their representative in Congress. My brother made the following points:
    • If you send your opinion on one side of an 8 1/2 x 11 sheet of paper, it will get to the decision maker and have an effect on his/her opinion.
    • The "decision maker" is the senior staffer in charge of that content area. The Rep just asks the staffer what opinion to have, because it's impossible to have an informed opinion on thousands of issues.
    • If nobody from the constituency submits an opinion, the staffer will go with whatever the lobbyists tell him/her.
    • The staffers are not subject matter experts on anything except being a staffer.

    The take-home was that just typing up a short opinion and mailing it to your rep's office has a tremendous effect on the political process.

    --
    Our intelligent designer has never created an animal that we couldn't improve by strapping a bomb to it.
  12. One may make a difference... by Cpt_Kirks · · Score: 5, Interesting

    Dear Mr. Kirksey:

    Thank you for weighing in on SB 213. I began studying it over the weekend
    and have also referred to information available from the Electronic Frontier
    Foundation. I must admit that this is an area with which I have little
    familiarity, but the legislation could be problematic for the reasons you
    address. I appreciate your taking the time to assist by bringing this to my
    attention.

    Please stay in touch.

    Sincerely,

    Mark Norris
    Senator

    -----Original Message-----
    From: Tom Kirksey
    Sent: Monday, April 21, 2003 8:04 PM
    To: sen.mark.norris@legislature.state.tn.us
    Subject: SB 213

    Sir,

    As one of you constituates, I wish to state my opposition to Tennessee
    Senate Bill 213. The bill has some valid points, but the flaws outweigh the
    possible good.

    The bill is too broad and gives too much power to communications providers.
    If taken to extremes, VCRs, network routers and other useful (you could say
    essential) devices could be outlawed.

    As an attorney, please take a few minutes to read through the bill and
    imagine possible scenarios where the bill could be abused.

    Thank you for your time.

    Thomas Kirksey

    and later:

    http://www.tennessean.com/government/archives/03 /0 4/31892579.shtml?Element_ID=31892579

    Senator Norris wanted you to see today's coverage of yesterday's Senate Judiciary Committee's hearing. Thanks, in part, to your input, he had more questions to ask the sponsor than they could answer, and the bill will be taken up again in two weeks. Senator Norris shares concerns about the extent to which this proposal may infringe upon certain fundamental rights, including Due Process and Free Speech, and he will continue to work on it. He thanks you for your input and support.