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Proposed Peer-To-Peer Law Sparks Animosity

coondoggie writes "The Federal Trade Commission and Distributed Computing Industry Association locked horns over a proposed law that would govern how peer-to-peer networking technology would be used and regulated. Before the Subcommittee on Commerce, Trade, and Consumer Protection, the Federal Trade Commission expressed its doubts about companies protecting sensitive consumer information (PDF) or sensitive data over P2P internet file-sharing networks. It doesn't help the P2P cause that the technology continues to pop up in bad practices. Recently a company that monitors peer-to-peer networks said it found classified information about the systems used onboard the president's helicopter in a shared folder on a computer in Iran, after a file containing the data was accidentally leaked on a peer-to-peer network last summer. Meanwhile the DCIA said any laws would likely be ineffective and stifle the business opportunities P2P can generate." An article on CNet points out that the wording of the bill would make it apply to just about everything related to communications on the internet.

168 comments

  1. It's True by eldavojohn · · Score: 5, Funny

    Recently a company that monitors peer-to-peer networks said it found classified information about the systems used on board the president's helicopter in a shared folder on a computer in Iran, after a file containing the data was accidentally leaked on a peer-to-peer network last summer.

    It's true, I saw these files and it appears our nation's most important secrets have been released to one of our most dangerous enemies. They are a move-by-move account of every Freecell game played by Obama. From that, the Iranians have been able to extrapolate his strategy for the Iraq theater and predict his every move, ergo, peer to peer file sharing must be stopped.

    Reading this story kind of makes me want to draw up a huge exploded view diagram of Marine One with Hello Kitty on a treadmill in the middle of the cabin powering the main rotor ... and then seed it as top secret documents on Bittorrent.

    --
    My work here is dung.
    1. Re:It's True by MaNtErOlA · · Score: 1

      Last month I watched in the TV news a story about the "Evil" p2p networks because thousands of tax declarations with relevant private information can be found in the ed2k network. That is stupid, how can you educate people not to share their entire HDD? The same happened years ago with open wifi networks. This is the eternal problem of politicians that try to face new technologies with secrecy and fear.

    2. Re:It's True by B'Trey · · Score: 2, Interesting

      The CNN article commenting on the proposed bill says:

      Another example: Web browsers could also be regulated and subject to Federal Trade Commission enforcement action unless "informed consent" is obtained each time the desktop icon is double-clicked. (Every Web browser allows the user to "designate" files to be uploaded--ever post a photo?--and request that files be downloaded.)

      This appears to be covering things like uploading a photo or downloading a program to install. That doesn't even cover the half of it. What happens when you visit a web page? Your browser sends a GET request and downloads the file - it copies a file from the server to your computer. If the page is not static, of course, the file is generated on the fly by scripts. But if that isn't covered, then I'll simply code my P2P app to ROT13 all files. When you download it, a script reads it and generates the stream that's transferred to you. I'm no longer copying a file, so the law doesn't apply to me.

      What happens when you visit many, many websites? They read your cookies. The cookie is a file on your computer. It's transferred from your computer to their server. What happens when you download your email, particularly if you're accessing a 'Nix based mail server where mail is stored in mbox or mailbox format? What happens when you open a file with your Word processor on a remote share? In short, what happens almost any time you do anything on a networked computer? Is every application you run going to have to nag you to death every time you open it?

      This is so ludicrous that not even Congress could pass it.

      --

      "The legitimate powers of government extend only to such acts as are injurious to others." Thomas Jefferson.

    3. Re:It's True by Hurricane78 · · Score: 2, Interesting

      And it absolutely does not matter that it is ludicrous. Because the person who gains from this will not care for all the things you mention. It could even be the very point of installing that system.

      Never think you politicians were stupid, when someone can obviously gain something from in. ^^

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    4. Re:It's True by Anonymous Coward · · Score: 2, Insightful

      You know whats funny about the whole situation is if they didn't want them on the internet they wouldn't make it there if they had a good security team in place.

    5. Re:It's True by mrops · · Score: 4, Funny

      This is so ludicrous that not even Congress could pass it.

      I think you are putting way too much trust in Congress.

    6. Re:It's True by Idiomatick · · Score: 1

      That AND they are stupid.

    7. Re:It's True by morcego · · Score: 2, Funny

      Actually, it is the ethernal problem of politicians thinking they can fix stupidity with new laws.

      I hereby propose that all computers should have an IQ test as part of their POST. If the person fails at the test, the computer will present an unrecoverable error (Eg: "Keyboard not found, press any key to continue"), and refuse to boot.

      --
      morcego
    8. Re:It's True by Nerdposeur · · Score: 1

      And it absolutely does not matter that it is ludicrous. Because the person who gains from this will not care for all the things you mention. It could even be the very point of installing that system.

      Um... I can't think of any lobbying group that could convince Congress to disable the internet. I'm pretty sure that everyone else in the country - including big businesses - would show up with torches and pitchforks.

    9. Re:It's True by Thinboy00 · · Score: 1

      NO! Please don't add what is effectively a CAPTCHA at the boot level! It'll only annoy me!

      --
      $ make available
    10. Re:It's True by Thinboy00 · · Score: 1
      --
      $ make available
    11. Re:It's True by spanky+the+monk · · Score: 1

      Politicians aren't stupid. That's just the excuse they use after they fuck you:
      "Opps, silly me. Did I just take freedom of speech off the internet? Dang, what was I thinking!"

    12. Re:It's True by TheVelvetFlamebait · · Score: 1

      That's true. I hear they don't even read the bills put in front of them these days.

      I do, however, think we can put a little more trust in the courts. It's ultimately their decisions that decide whether such a law is unenforceable.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    13. Re:It's True by Hurricane78 · · Score: 1

      Well, if you're one of those people, who miss the "good" old times, where the only way to inform themselves was the unidirectional stream of bullshit that is called TV, and there was a strong suppression of free thought / self-thinking (compared to now), then I bet you want to go back to where it was easy to control people.

      The Internet really opened a can of worms. For the first time, it was impossible to control information anymore. On a global scale. Must have been a disaster for some people.

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    14. Re:It's True by Nerdposeur · · Score: 1

      Agreed. All I'm saying is it's hardly "geeks vs. corporations" if somebody wants to severely disable the internet. A lot of big, rich companies depend on the internet now.

  2. YAY! by reidiq · · Score: 3, Insightful

    More government control over our lives!!!!!

    --
    Sig? No thanks. I don't smoke.
    1. Re:YAY! by sumdumass · · Score: 1

      There's change you can believe in. Well, believe as in it is going to happen anyways.

    2. Re:YAY! by Daniel+Dvorkin · · Score: 2, Informative

      Perhaps you missed the fact that the Representative who introduced this bill is a Republican? Kind of hard to pin this particular piece of idiocy on Obama.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    3. Re:YAY! by sumdumass · · Score: 1

      I didn't try to pin it on Obama. However, I'm sort of concerned that you went directly to Obama when I said more government control was change that was going to happen anyways.

    4. Re:YAY! by Anonymous Coward · · Score: 0

      "Change We Can Believe In" being Obama's campaign slogan is entirely a coincidence - you weren't alluding to him in any way nosiree.

  3. Time to get (overly?) skeptical... by VinylRecords · · Score: 5, Insightful

    Recently a company that monitors peer-to-peer networks said it found classified information about the systems used onboard the president's helicopter in a shared folder on a computer in Iran, after a file containing the data was accidentally leaked on a peer-to-peer network last summer. Meanwhile the DCIA said any laws would likely be ineffective and stifle the business opportunities P2P can generate."

    How do we know that this government employee didn't purposefully 'leak' the documents online or plant them at an Iranian I.P. address so that the government could have an excuse to pass an archaic and oppressive internet law?

    An article on CNet points out that the wording of the bill would make it apply to just about everything related to communications on the internet.

    One person, a government worker, leaks a document, and now we must all pay.

    If a government worker drunk drives should we all lose our licenses and cars?

    1. Re:Time to get (overly?) skeptical... by internerdj · · Score: 5, Insightful

      One person, a government worker, leaks a document, and now we must all pay.

      If a government worker drunk drives should we all lose our licenses and cars?

      The annoying thing is by making those documents available on p2p, the worker was already breaking countless laws and regulations. There are existing protections in place for this type of thing but rather than rely on the fact that he could be fined/fired/arrested/barred from future government work and if he was a contractor his company was also fined/penalized against future contract bids, the solution is to make yet another law standing in the way of legitimate use of p2p.

    2. Re:Time to get (overly?) skeptical... by wizardforce · · Score: 1

      Yes... it does seem rather odd that such an important document would be "accidentally" torrented... I mean really if it was that important it should have been encrypted and mounted on its own partition or at the least not anywhere near other files.. I mean honestly how do you accidentally torrent such a critical file?

      --
      Sigs are too short to say anything truly profound so read the above post instead.
    3. Re:Time to get (overly?) skeptical... by Anonymous Coward · · Score: 1, Funny

      Why? Rep Bill Janklow didn't, did he?

    4. Re:Time to get (overly?) skeptical... by blueg3 · · Score: 1

      Usually these leaks occur over a Gnutella-like network, not BitTorrent. Misconfiguration with low-quality software or malicious P2P software is the problem.

      I mean, is the problem, not including the fact that proper data security practices weren't in place.

    5. Re:Time to get (overly?) skeptical... by HTH+NE1 · · Score: 5, Insightful

      The leaking of a government file is only the excuse. The real goal is to eliminate ignorance by the user of what the software does for purposes of prosecution of the user for sharing copyrighted works.

      I.e. this is meant to inform all users of P2P software of their overt actions in making available files so that the RIAA has a stronger case.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    6. Re:Time to get (overly?) skeptical... by Brian+Gordon · · Score: 1

      There's nothing "archaic" about it.. this is the future.

    7. Re:Time to get (overly?) skeptical... by maudin8 · · Score: 1

      If anything was "leaked", it is the person who committed treason, not the tool he used. This is just an excuse to regulate P2P technology. If he used a church pidgeon currier system(goofy example), would we ban/regulate that? No, because the powers that be have no interest in that.

    8. Re:Time to get (overly?) skeptical... by Anonymous Coward · · Score: 0

      I'd like also to add that p2p doesn't really exists. Almost every communication on the internet is from one peer to another, as multicast/broadcast was ditched for mass communication on internet. Every definition of peer to peer will also include each other kind of internet services, creating a defacto legislative regulation about routing.

    9. Re:Time to get (overly?) skeptical... by Anonymous Coward · · Score: 0

      That's how they gain power, creating a problem so they can be the solution.

    10. Re:Time to get (overly?) skeptical... by b4upoo · · Score: 1

      It is the very nature of governmental secrecy to expand, reach out and try to control absolutely everything, everywhere at all times.
                  The solution is to allow far less secrecy in government. After all, we pay for all of the information that government possesses. That is to say that we own it but are disallowed from knowing what it is.

    11. Re:Time to get (overly?) skeptical... by steelfood · · Score: 1

      Well, if the drunk driver hit the president's motorcade, they might try to ban alcohol again.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    12. Re:Time to get (overly?) skeptical... by sumdumass · · Score: 1

      That's probably the worst part of the democrats. They vilify the republicans for wanting to enforce the rule of law unless it's something they can use to their own political advantage yet they always ignore existing laws and attempt to put massively draconian new laws in place because of the lack of enforcement of previous laws as some knee jerk reaction just to appear to be doing something.

    13. Re:Time to get (overly?) skeptical... by himitsu · · Score: 1

      This sounds like it will be a bear to enforce. Also, it sounds like more legal fluff to prosecute users under.

      Ignorance of the law is no excuse right?

    14. Re:Time to get (overly?) skeptical... by HTH+NE1 · · Score: 1

      Ignorance of the law is no excuse right?

      Even with the DMCA, a piece of software isn't a law.

      With this in force, either the user is lying about knowledge that the software was sharing files (one could not know that everything one downloaded was also immediately shared) or you can prosecute the software maker for not disclosing to the user that it shares files.

      It could be worse: it could require the software to get local approval before serving every remote download request so that the user is directly aware of every potential infringement and placed in a position to be directly liable.

      Or it could require logs of every transfer be recorded and sent to the Copyright Czar for potential prosecution later and refuse to function if prevented from sending those logs and receiving confirmation of their delivery (necessary for determining how many counts to charge you with instead of "potentially shared millions of copies").

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    15. Re:Time to get (overly?) skeptical... by himitsu · · Score: 1

      But is there a precedent for "illegal software"? Who determines what I can run and what I can't run on my system?

      If I choose to install a piece of software that was originally developed outside of the US is someone going to come audit my system and try to bring charges against me?

      I guess my problem is that I don't see how this is possible going to get enforced, other than on cases that are already in court.

    16. Re:Time to get (overly?) skeptical... by HTH+NE1 · · Score: 2, Interesting

      But is there a precedent for "illegal software"?

      Not that it is pertinent to the discussion, but the original DeCSS software was made illegal to possess or even publish a link to, electronically or by press and, because 2600 Magazine declined to appeal their case to the Supreme Court, it remains so (case law interpreting the DMCA).

      Legally deficient software, I don't know.

      I guess my problem is that I don't see how this is possible going to get enforced, other than on cases that are already in court.

      It can't apply to cases already in court. No ex post facto laws: you can't prosecute someone for something that wasn't illegal at the time. But it could apply to new cases after it is enacted into law, i.e. when the RIAA "resumes" prosecuting people they could use this against the individual sharer or against the software maker.

      Of course, they'll have to amend this bill to make it illegal to continue using file sharing software deficient under this legislation. The software isn't illegal, but its use is; the author isn't liable, but the end user is. But then they'll have to deal with the commercial software lobbyists who may or may not want to issue recalls or patches of software they still publish to comply with this overly broad legislation.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    17. Re:Time to get (overly?) skeptical... by Thinboy00 · · Score: 1

      But is there a precedent for "illegal software"? Who determines what I can run and what I can't run on my system? [snip]

      Personally, I think the first amendment probably does. IANAL.

      --
      $ make available
    18. Re:Time to get (overly?) skeptical... by AlamedaStone · · Score: 1

      the democrats [...] vilify the republicans for wanting to enforce the rule of law

      Wait... what? Did I fall through a tear in the time-space continuum?

      Warrantless wiretapping of American citizens, indefinite imprisonment and torture, political intervention in private medical decisions, targeted DOJ prosecutions designed to subvert elections, exposure of covert operatives, evasion of corporate taxes.

      That's a short list, just off the top of my head, of activities fully endorsed by the GOP that directly contravened the rule of law. I think if we could find more Republicans who were genuinely willing to support the rule of law, we might be able to winnow some of the more blatantly-corrupt politicians all along the political spectrum.

      Some dumbass spewing hateful cliches doesn't seem to be getting the job done.

      --
      "All these years believing you're the signified monkey, only to find out you're just a big hunk of nobody cares."
    19. Re:Time to get (overly?) skeptical... by sumdumass · · Score: 1

      Wait... what? Did I fall through a tear in the time-space continuum?

      It sounds like it. Glad your back though.

      Warrantless wiretapping of American citizens, indefinite imprisonment and torture, political intervention in private medical decisions

      None of that has been adjudicated illegal without the party in question standing on the belief they were legal and able to do what they did. Some of it is little more then speculation as to the legality as it stands anyways.

      And yes, the belief of being in the right does matter even though it wasn't the case or reality as the situation plays out. This is exactly what I am talking about too. Most democrats profoundly expel how evil those violations are but when a chief law enforcement officer in the land goes into a court of law and lies through his teeth, it's not about the crime, it's about the "blowjob" the crime was concerning. Even after Judge Wright ruled that Clinton lied, assess fines and penalties to him which was later used as the basis of one of the complaints that got Clinton's law license revoked, the democrats say oh, it was nothing, just a "blow job". But when someone else like a republican thinks they are in the right (*as clinton might have actually thought) and is proven wrong by law, hell and heaven just merged and it's the Apocalypse.

      targeted DOJ prosecutions designed to subvert elections, exposure of covert operatives, evasion of corporate taxes.

      The exposure of the "covert operative" was actually done by a long time democrat Richard Armatage, Scooter Libbey wasn't prosecuted for that, he was prosecuted for saying he spoke with people out of order and not remembering speaking to someone who claimed he did. But all that was after the fact of Armatage and Robert Novak kept his name secrete throughout the investigation in order to keep the investigation going at the wishes of Armatage.

      I also find it interesting that you bring up the evasion of Corporate income taxes when all it does is prove my point. Why is it your complaining about someone not paying their taxes when half of Obama's cabinet and several key leading democrats have failed to pay them properly? The guy in charge of the US treasury right now couldn't even get his taxes correct and knew there was a problem but figured it would go away if he waited long enough.

      But this is all sort of pointless because what I was trying to get across was that the republicans seem to want to enforce the laws on the books and the democrats want to use the hardships created when someone breaks the laws as a vehicle to push more laws onto the public in knee jerk reactions.

      That's a short list, just off the top of my head, of activities fully endorsed by the GOP that directly contravened the rule of law. I think if we could find more Republicans who were genuinely willing to support the rule of law, we might be able to winnow some of the more blatantly-corrupt politicians all along the political spectrum.

      You short list was flawed but again you missing the big picture. No of them looked at their actions and said this is against the law. Even the NSA wiretaps were initially thought to of been within the law. Then it was believed that because of other duties and obligations of the office, the law couldn't apply in that particular case. Of course that's not uncommon to happen and is still within the rule of law because an unconstitutional law or an unconstitutionally applied law is not within the rule of law.

      Some dumbass spewing hateful cliches doesn't seem to be getting the job done.

      I can understand that you can't see reality with your head in the sand. All that I ask is that now once it out, you actually pay attention.

  4. Why does it seem by Anonymous Coward · · Score: 2, Insightful

    That under the old admin everybody was screaming in fear about 1984... And now with the new admin... it still feels the same

    1. Re:Why does it seem by Anonymous Coward · · Score: 0

      As per an earlier comment, it feels the same because the Democrats and Republicans are two sides of the same coin. They're just brands the NWO sells us to make us think we have a say in the running of our country.

      While we've sat around fat and happy, international socialists have subverted governments around the world and sadly now the US is falling to the same.

    2. Re:Why does it seem by Anonymous Coward · · Score: 0
    3. Re:Why does it seem by Anonymous Coward · · Score: 0

      Meet the New Boss, Same as the Old Boss..........

  5. ZOMG!!! by zappepcs · · Score: 2, Insightful

    Those Iranians, Arabs, and Terrorists use P2P networks! Lets regulate or ban them. ZOMG, they use television too. Lets ban TV networks. Oh noes, they use cars and roads too... Well, walking is good for you. Damn, they use elections too. We don't want to be like 'them' so no more elections. How much more ignorant are reporters and politicians going to get?

    Oh no, they use television to broadcast government propaganda. No more .... wait, they copied that from us, so that's ok.

    I'm waiting for the first idiot legislator to suggest that foreign governments and terrorists are using Linux so it too must be banned.

    1. Re:ZOMG!!! by eldavojohn · · Score: 3, Insightful

      ZOMG, they use television too.

      It's true. Both sides use CNN, Fox News, MSNBC, Al Jazeera, etc heavily. And yet there is no new laws proposed to regulate CNN. Probably because it's less anonymous but also because it's considered "the press" and the phrase "government regulating the press" in America is worse than insulting your favorite sports team.

      You know, it would be an interesting strategy to turn the bittorrent protocol into a means of disseminating news and blogs as well as large files. I mean they're just smaller files but could have huge legal implications for regulations of it. It would be nice to see (and make sense bandwidth wise) CNN distributing their video content with embedded advertisements in torrents. How popular would they be? I'm not sure. But it would give P2P advocates a case to cry foul when the government tries to regulate the software & protocol.

      I guess "Now I can't share DVDs" just doesn't sound as patriotic as "The government is controlling and censoring a new press outlet and must be stopped."

      --
      My work here is dung.
    2. Re:ZOMG!!! by maxume · · Score: 2, Funny

      I propose new laws to regulate Fox all of the time.

      --
      Nerd rage is the funniest rage.
    3. Re:ZOMG!!! by Sir_Lewk · · Score: 1

      Then you are far more un-American than the tools at Fox, which is quite an impressive feat.

      "I disagree with what you have to say but will fight to the death to protect your right to say it."

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    4. Re:ZOMG!!! by maxume · · Score: 1

      Dude, you're hilarious.

      --
      Nerd rage is the funniest rage.
    5. Re:ZOMG!!! by nine-times · · Score: 1

      It would be nice to see (and make sense bandwidth wise) CNN distributing their video content with embedded advertisements in torrents. How popular would they be? I'm not sure. But it would give P2P advocates a case to cry foul when the government tries to regulate the software & protocol.

      Why would any of the news channels want to do that? You're suggesting it'd be great because it would invalidate the marginalization of P2P technology by media companies that are threatened by P2P activity. But then those news organizations are all owned by those same media companies.

      The big media companies (including the large news organizations) want broadcast networks. It gives them control over their own product and makes competition more difficult. Even if the bittorrent would make their lives much easier, I doubt you're going to see these companies adopt its use anytime soon.

    6. Re:ZOMG!!! by Anonymous Coward · · Score: 0

      This has already happened... I can't remember the specifics but I read, I think here on /., that somewhere (maybe in NY) a police report said something to the effect that someone was a person of interest because they used a "suspicious," "hacker-type" OS on their computer, i.e., a Linux distro.

    7. Re:ZOMG!!! by Anonymous Coward · · Score: 0

      On a side note, does anyone else find it funny that CNN has exclusive access to terrorists and terrorist leaders for interviews? I'm sorry but I can't stop laughing and their so called terrorist interviews...

    8. Re:ZOMG!!! by zappepcs · · Score: 1

      You are right, and the suspicion was piqued when the officer in question realized that the user was using command line interface rather than windows, which automatically makes them a hacker... apparently.

      The business of allowing law enforcement and the judiciary to make judgment on another profession is ill-advised at the best of times. It's sort of like letting an English teacher decide what bills to enact as law. I'm not saying it will always fail, but the likelihood that it will fail is staggeringly high.

  6. P2P is not the problem. by fahrbot-bot · · Score: 4, Insightful

    It doesn't help the P2P cause that the technology continues to pop up in bad practices.

    It's people, not software that are the problem. Software is a tool and is neither good or bad. The people using it on the other hand...

    Not to start anything, but this is why I am generally amused by the term "Computer Ethics". Computers are simply a tool; there might as well be something called "Blender Ethics". The real issue is simply "Ethics", which I fear some are lacking.

    --
    It must have been something you assimilated. . . .
    1. Re:P2P is not the problem. by nurb432 · · Score: 1

      Nope, IP is the problem. No network, no sharing across them.

      All kidding aside, "ethics" ( and morals ) are relative.

      --
      ---- Booth was a patriot ----
    2. Re:P2P is not the problem. by geekoid · · Score: 1

      There are blender ethics.

      Don't shove someone hand into one. Don't thrust the exposed spinning blades at people.

      For a violation of some blender ethics, see the movie 'Goonies'

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    3. Re:P2P is not the problem. by Chabil+Ha' · · Score: 2, Insightful

      The real issue is simply "Ethics", which I fear some are lacking.

      It does reveal (in some aspects) the childishness of our society. We have to be so explicit in the "dos and don'ts" and aren't left to our own to think what our actions might really entail. We are left with a "Four legs good, Two legs bad" impression of our world without the understanding of what that really means.

      I would try education before legislation.

      --
      We're all hypocrites. We all have hidden parts, it's the contrast between them that make us more a hypocrite than others
    4. Re:P2P is not the problem. by Jaysyn · · Score: 1

      A class called Bender Ethics would be hilarious.

      --
      There is a war going on for your mind.
    5. Re:P2P is not the problem. by herring0 · · Score: 1

      I find it incredibly amusing that just reading this made me think this was a post about gun control.

      Though I guess when you boil it all down legislation on *-control comes to the same basic arguments. Most especially when whatever they are trying to control is a tool of any type.

      I have to wonder why they persist in passing laws that are trying to create some kind of artificial moral framework. The examples to look to in both government and leaders of industry are largely so corrupt one has a hard time recognizing sincerity and honesty instead of simply dismissing them as a sycophant.

    6. Re:P2P is not the problem. by HTH+NE1 · · Score: 1

      For a violation of some blender ethics, see the movie 'Goonies'

      Or Fargo. 'Cause a wood chipper is just a really big blender.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    7. Re:P2P is not the problem. by Yvan256 · · Score: 1

      Reply one: Especially since Bender would fail that class.

      Reply two: Especially since Bender would be a terrible teacher for an ethics class.

    8. Re:P2P is not the problem. by Anonymous Coward · · Score: 0

      It does reveal (in some aspects) the childishness of our society. [..]

      I would try education before legislation.

      You seem to be under the impression that this is not deliberate.

      Remember, the proles will never revolt...

    9. Re:P2P is not the problem. by sumdumass · · Score: 4, Insightful

      I wouldn't agree that it is childish. It's the way our society was created and is the halmark of freedom and liberty. You see, we operate under the assumption of we can until something with authority says we can't. Now morals, like this impressed by religions, fraternity groups (eagles, elks, boy scouts) civil societies (bar associations, trade groups/unions) and so on are all relative instead of absolute now.

      It used to be a system of absolute morality in which it was a given of what was expected and how we treated each other as well as expected to be treated. but in out enlighten society, it's all about relative morality now. This took us from a solid how will my actions effect others to a how will my actions effect me. With that shift has come a shift the stuff that you seem to think makes us childish now.

      I would try education before legislation too but without a shift back to absolute morality to some degree, it will be more or less an exercise in futility.

    10. Re:P2P is not the problem. by Headcase88 · · Score: 1

      Fortunately, a government inspector doesn't have to drop by to see what you're blending each time you use it.

      ...or whatever analogy would link this to the original article :)

      --
      "When the atomic bomb goes off there's devastation...but when the atomic bong goes off there's celebraaaaation!"
    11. Re:P2P is not the problem. by Anonymous Coward · · Score: 0

      So if I kill you, rape you, and steal all your shit, but it's not considered wrong in my culture, it's not wrong?

      No wonder so many Americans can blow off the Native American genocide so easily!

  7. Dollar short and a Day late by Gat0r30y · · Score: 1

    The cat is out of the bag so to speak. There isn't any going back now. People have realized the usefulness of P2P - and no piece of legislation anywhere is going to prevent its use. Worst case scenario - rewrite some protocols to encrypt data and make it look like normal traffic. Instead of writing dumb legislation how about a proactive approach (sorry for the management speak). How about some sort of coherent plan for how to deal with emerging technology in a way that makes sense?

    --
    Prediction: The real iPhone killer is going to be sex robots from Japan. Think about it.
    1. Re:Dollar short and a Day late by Aram+Fingal · · Score: 1

      Worst case scenario - rewrite some protocols to encrypt data and make it look like normal traffic.

      You mean, more or less, what Freenet does.

  8. The problem and solution as they see it... by skynexus · · Score: 1

    Problem: classified information leaks to general public.
    Solution: regulate the general public.

    So if you loose track of your private information, just start a couple of those botnets to monitor the internets... never fails...

    1. Re:The problem and solution as they see it... by Anonymous Coward · · Score: 1, Informative

      So if you loose track of your private information, just start a couple of those botnets to monitor the internets... never fails...

      Lose god damn it. Lose.

      English mother-fucker! Do you speak it?!?

  9. Distributed Computing Industry Association by nurb432 · · Score: 1

    This is a joke, right? We don't need yet another association.

    --
    ---- Booth was a patriot ----
  10. The typical outcome of regulation is by Phizzle · · Score: 2, Insightful

    the punishment of those who obey the laws and prosperity of those who do not.

    --
    I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own.
  11. Intent good, impossible to legislate by frith01 · · Score: 2, Interesting

    FTFA ::

    # warnings to application users and notices about the number and types of files being shared;
    # default settings that limit what is shared upon installation of an application; controls for users to
    # stop sharing any file or folder; protections against any user attempt to share sensitive folders or
    # file types; and simple means to disable the file-sharing functionality

    As always, our good intending congress critters will not understand the over-reaching ramifications of trying to make an application behave legally. It makes good theater for the masses, and a whip to use against any software that is not paying to the "re-election" pac.

    The only guidelines that need to be implemented in any secure workplace are to not run filesharing apps on ANY end-user computer. ( torrents, etc. should be done on a machine reserved for that purpose.)

  12. Net Neutrality in action by brian0918 · · Score: 1

    If you had any doubts about the unintended consequences of net neutrality regulation, this should help clarify it for you. The same folks who would be "handed the keys to the Internet" to enforce net neutrality will be the ones regulating shit like this. Rather than get the government involved, we should maintain individual responsibility by boycotting ISPs with bad practices and draconian ToS.

    1. Re:Net Neutrality in action by brian0918 · · Score: 1

      Ad hominem, try again.

    2. Re:Net Neutrality in action by geekoid · · Score: 1

      as usually, people saying that missing the practical picture; which is ALL THE ISPs will institute the same crap so you won' have a choice.

      This is why net neutrality must be maintained.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    3. Re:Net Neutrality in action by brian0918 · · Score: 1

      as usually, people saying that missing the practical picture; which is ALL THE ISPs will institute the same crap so you won' have a choice.

      And drive away all their customers? How would they stay in business?

      Given that people don't have a right to internet access, neither we nor the government can force them to do anything against their will, even if they make stupid decisions. They should be permitted to succeed or fail by their own actions.

      This is why net neutrality must be maintained.

      Then you're begging for the government to violate all your other rights. If you want people to respect your rights to free speech, liberty, property, etc, you have to respect everyone else's rights to those same freedoms. You would like to have your cake and eat it too.

    4. Re:Net Neutrality in action by Anonymous Coward · · Score: 0

      And drive away all their customers? How would they stay in business?

      Because, obviously, people are going to be willing to give up internet access to prove a point.

    5. Re:Net Neutrality in action by brian0918 · · Score: 1

      Because, obviously, people are going to be willing to give up internet access to prove a point.

      Why would they have to give it up? Why couldn't they just switch to another provider? What prevents the from choosing another provider, and/or what makes it impossibly difficult for another company or startup to set up a new local service as a competitor? Oh, right, government in both cases.

  13. Overreact much? by blueg3 · · Score: 1

    I'm all for using P2P and bashing the US government like the next guy, but all this bill says is:
    * Software that is capable of both sharing and downloading files (that is, indicating available files to others, sending those files to others, and recieving files from others) must inform you of this fact upon installation (include it in the EULA).
    * Prior to sharing files (parts 1 and 2 above), the software must inform the user of what files are to be shared and recieve their consent.
    * You must be able to uninstall and otherwise disable the software.

    Any P2P client a sane person would use is no more than a popup and an EULA edit (or an initial popup, for software sans EULA) from already doing this. Web browsers don't qualify (they don't list available files for transmission); nor do FTP clients. FTP and Web servers, which usually start without user interaction, might be an odd situation. They'd have a hard case to make that Apache maliciously configured itself without your consent, though.

    1. Re:Overreact much? by RemyBR · · Score: 1

      Web browsers don't qualify (they don't list available files for transmission);

      How do you call it when you are going to upload a picture to your photolog or site of preference, and the browser lists the files on your HD for your to transmit? And once uploades, those files are being shared with anyone who visits said site.

    2. Re:Overreact much? by lgw · · Score: 1

      WOuld this outlaw Freenet? Or would you only have to inform the user about *that user's* files being shared, not other traffic through the node?

      They'd have a hard case to make that Apache maliciously configured itself without your consent, though.

      Sendmail, OTOH ...

      --
      Socialism: a lie told by totalitarians and believed by fools.
    3. Re:Overreact much? by blueg3 · · Score: 1

      Poor wording on my part -- they do not, by my reading, "... designate files available for transmission to another computer". In order to meet this criterion, what files are available for transmission would need to be stored persistently (e.g., a stored configuration -- not necessarily on disk, but not simply a per-transaction basis).

      On the other hand, note that when a Web browser asks what file you want to send, it is informing you that you will be sending a file, indicating which file will be send, and obtaining your consent before sending it.

      It's no accident that all reasonably-designed pieces of software at least meet the spirit of this proposed bill. While they may have something clever and sinister in mind, the surface intent is to protect the consumer from software that silently shares data on your system without your consent (which, sadly, exists and is used).

    4. Re:Overreact much? by mysidia · · Score: 1

      Windows file sharing doesn't meet the the spirit of the proposed bill.

      \\computername\C$ gets opened up by default, to anyone who knows the admin password, and there's no way to uninstall the software.

      The same goes for SSHD in the UNIX world, anyone who logs into a valid user account you've created can download any file they like.

      And the program is non-interactive, so it's physically impossible for it to display a EULA and warning before sharing certain files...

    5. Re:Overreact much? by blueg3 · · Score: 1

      Sssd does not both "transmit files directly to another computer" and "to request the transmission of files from another computer". The request to transmit a file from another computer to the computer running sshd comes from the client (other computer), not the computer running sshd. As such, it doesn't fit the given definition of a "peer-to-peer file sharing program".

    6. Re:Overreact much? by mysidia · · Score: 1

      Well, the SSHD process itself doesn't, however SCP does. The SSH client and server components including SCP are both modules in the same application, and when installed, both run by default on most systems.

      i.e. You install openssh, you get both a server and a client automatically running; both functions are provided by the same package.

      These are peer-to-peer applications because you can use SCP to download directly from any computer on the internet you have login credentials to that the SSH and SCP software has been installed on without involving a centralized server. (I.E. the file transfer is directly between two hosts)

      In fact, almost all file sharing systems from the dawn of the internet were peer-to-peer. Centralized services like Napster and intermediary services like UUcp, UseNet, E-mail, Instant messengers, came to be used for file transfers also, came to use, but primarily for exchanging files with complete strangers.

      Peer-to-peer technology like FTP, RCP, and RSYNC (direct transfer between hosts) have long been much more popular for routine system administration tasks than non peer-to-peer transfer methods....

    7. Re:Overreact much? by blueg3 · · Score: 1

      They are not peer-to-peer, they are client-server.

      Using the bill's terms, see section 4, number 2. One of the two entities, the ssh server, performs (A) and (B) but not (C). The ssh client performs (B) and (C) but not (A).

      Frankly, your definition of "peer to peer" is completely different from the actual definition. A peer-to-peer design differs from a client-server design. The majority of your examples -- Usenet, SMTP, FTP, rcp, rsync, ssh, etc. -- are client-server. (SMTP is peer-to-peer in theory between MTAs but not between a sender client and an MTA.)

      And really, Napster "from the dawn of the Internet"? Hardly.

    8. Re:Overreact much? by mysidia · · Score: 1

      The OpenSSH software can definitely do all 3 things...

      Yes, SCP is a client-server technology in the sense that the 'accessing the server' process and the 'being accessed' processes are different, and it's possible to run a SCP client without running any server components. But being client-server is not mutually exclusive with being peer-to-peer.

      The file transfer is still peer-to-peer in the sense that you have TWO peer hosts sharing a file between each other.

      The SSH protocol is client-server, but the TCP/IP protocol utilized to transfer the file, that SSH lives on top of is not client-server. Peer to Peer technology is being used here.

      What's not there is a Peer to Peer infrastructure for unifying the SCP server and client component into a single Layer 7 application layer protocol, and providing discovery functions so SCP servers all over the world can automatically associate with each other, and permit users to search for files anywhere.

    9. Re:Overreact much? by blueg3 · · Score: 1

      And it's not referring to your definition of peer-to-peer technology, it's providing a particular definition for peer-to-peer file-sharing software. Contrary to your reading of it, this is not software capable of transmitting files where, somewhere in the network, peer-to-peer design is used. (Though TCP is distincly not peer-to-peer. In some ways, IP can be considered such.)

    10. Re:Overreact much? by mysidia · · Score: 1

      FTP is not peer-to-peer by my definition of the term. FTP is peer to peer by the bill's definition of the term.

      My If I install a software package that includes client and server components, it can do all the things software is required to do by the bill in order to be classified as peer-to-peer.

      (2) the term `peer-to-peer file sharing program' means computer software that allows the computer on which such software is installed--

      (A) to designate files available for transmission to another computer;

      cp filename /home/ftp

      (B) to transmit files directly to another computer; and

      ftp IP-ADDRESS
      ftp> put FILENAME

      (C) to request the transmission of files from another computer.

      ftp IP-ADDRESS
      ftp> get FILENAME

    11. Re:Overreact much? by blueg3 · · Score: 1

      The FTP client and server are independent pieces of software.

    12. Re:Overreact much? by mysidia · · Score: 1

      True, but irrelevent.

      The bill doesn't say anything about it mattering what software is used at the other end. The FTP server software can perform all 3 tasks. It says that allows the computer on which such software is installed.

      It doesn't say anything about the software installed at the other end of the file transfer.

      In fact, even on Bittorrent P2P networks, it's common for different nodes to run different software programs that have different behaviors.

      The fact the other party you're transferring files with is a FTP Client instead of a FTP server, doesn't mean a FTP Server no longer fits the bill's definition of Peer-to-Peer.

    13. Re:Overreact much? by blueg3 · · Score: 1

      It doesn't matter what software is on the other end. But the bill covers pieces of software. If you have an FTP client and an FTP server on your computer, no one piece of software on your computer provides all three capabilities necessary to classify it as a peer-to-peer file sharing client.

    14. Re:Overreact much? by mysidia · · Score: 1

      Your FTP server does, because it can do all 3 things.

      You can designate files for your FTP server to share (by placing them on the filesystem, or by placing them in the home directory of an anonymous ftp server).

      It can transfer files to other users (when the other users connect and download

      It can receive files from otheru sers (when the other users connect and upload)

  14. After Looking at the CNET article by robkill · · Score: 5, Informative

    Bill is sponsored by Rep. Mary Bono. Big surprise. She was behind the 1998 Sunny Bono Copyright Extension Act and has worked very closely with the RIAA and MPAA in the past.

    From the CNET article:

    Bono's Informed P2P User Act says that it will be "unlawful" for P2P software to cause files to be made available unless two rules are followed. First, the utility's installation process must provide "clear and conspicuous notice" of its features and obtain the user's "informed consent." Second, the program must step through that notice-and-consent process every time it runs.

    In other words: a "This gun shoots bullets, which may be lethal." notice every time the program is used, made further annoying by a list of all files that would be shared.

    Should a user have a way of finding out exactly what the software they are using is doing, and an easy way to configure it correctly? Absolutely. Should it provide a way for me to view the configuration and what it will share? Hopefully, and I'd look for software that does. Does that mean all software should be dumbed down, and force me to go through such a notice every time I use it? Absolutely not. Of course the end result will be no different than what users currently do with EULA notices during software installation.

    All in all a law requireing a bad and onerous implementation of what a good program should do anyway, and potentially the thin end of a wedge to add more restrictions to P2P software. The law could be used to go after some forms of spyware, but I'd much rather see a law carefully crafted for that purpose.

    --
    DMCA - Chilling free speech since 1998.
    1. Re:After Looking at the CNET article by Anonymous Coward · · Score: 0

      Don't be suprised to find big money behind this.
      MPAA, RIAA and their likes are going to be rewriting copyright and buying as many laws as possible while the O-man is in office.

      Culture of Corruption = Washington D.C.

    2. Re:After Looking at the CNET article by blueg3 · · Score: 2, Insightful

      Hey, someone who actually read an article and figured out it's (a) not much of a regulation and (b) about software, not networks.

      Whether or not you need to be warned each time depends on the interpretation of "initial activation" in "immediately prior to initial activation of a file sharing function of such program..."

      Otherwise, yes. For already-sane P2P clients, this adds minor annoyance, and nothing else. It does, as someone pointed out, seriously injure the "I didn't know I was sharing it" defense for child pornography and copyright infringement.

    3. Re:After Looking at the CNET article by lgw · · Score: 1

      What about networks like Freenet that route traffic through all nodes? The user provably cannot know the files he is sharing, and that's a key feature of Freenet.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    4. Re:After Looking at the CNET article by blueg3 · · Score: 1

      Spirit of the law suggests that what they actually want the application to tell you is which of your files (i.e., those not wholly mangaged by the application) are available to others. It would probably be wise to include in the "this is a P2P application" notice mention of the fact that Freenet is using you to store and transmit unidentifiable data from other peers.

      As far as the letter of the law goes, I don't think it was written realizing systems like Freenet. You could probably get away with being pedantic and warning the user that you're sharing "1327 blocks of unidentifiable data from the Freenet network". Law doesn't require that you identify the contents of those files, only what files they are.

    5. Re:After Looking at the CNET article by himitsu · · Score: 1

      It seems that the genie is already out of the bottle on P2P anyway. Even if you inform users that "Your entire downloaded torrents directory will be shared and you might get sued for this" I don't think that it will be an effective deterrent.

      Instead of focusing on this nanny bill we ought to establish services that allow people to easily pay for consuming massive amounts of content.

      $15 monthly video download amnesty fee anyone?

    6. Re:After Looking at the CNET article by lgw · · Score: 1

      I guess that when a country reach the point where it feels the need to outlaw Freenet, it won't much matter if existing laws could be twisted to do so. You're in a full-on totalitarian state at that point, so laws will be created as needed to outlaw whatever.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    7. Re:After Looking at the CNET article by Philip_the_physicist · · Score: 1

      ISTM (but IANAL) that the requirements of the law would be met with a simple display showing which directories are shared, and a button to display a list. This is more or less what any sane P2P client has anyway, so wouldn't actually require. If the law is interpreted to require each file to be announced before it is shared, then I expect the authors would use a config file or registry key to toggle whether to comply with this, and leak how to remove it (like DVD player manufacturers have with region coding).

  15. The technology is irrelevant by davidwr · · Score: 1

    You don't make content regulations based on the medium, but on the content.

    If you spread information you have no legal right to spread using peer-to-peer, email, web site, private courier, or by shouting it from the mountaintop, it shouldn't matter. The action against you is for distributing information you had no right to distribute, not for using a particular technology to do so.

    The only reason medium matters is some media, such as a private courier that doesn't cross state lines, may not be subject to federal law, but state law.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  16. bah by Thaelon · · Score: 1

    Assuming this is true:

    Recently a company that monitors peer-to-peer networks said it found classified information about the systems used onboard the president's helicopter in a shared folder on a computer in Iran, after a file containing the data was accidentally leaked on a peer-to-peer network last summer.

    This is a problem for the person or persons responsible for leaking that file and has nothing to do with peer to peer networks.

    --

    Question everything

    1. Re:bah by mysidia · · Score: 1

      Exactly. If they uninstall software without understanding the implications, they will be compromised, if not by ignorance of P2P software behavior, then through the actions of malware they mistakenly get.

      Computers that contain classified information should never be connected to the internet, or a network containing any hosts connected to the internet, full stop.

      If information is secret, as in national security secret, the only dependable security is a rigorously enforced air gap policy (including disabling the capability to plug any removable media into secure computers, or to accidentally plug them into a different network).

  17. Not the fault of P2P per se by nine-times · · Score: 4, Insightful

    Any security breaches are not the fault of P2P per se. Why was there a computer with classified documents where the user was allowed to install software and connect directly to the Internet? The user could have installed Apache and made the entire hard drive accessible through HTTP at that point.

    Ultimately the entire Internet is peer-to-peer. All these "P2P" applications do is make it easier for the peers to find each other.

    1. Re:Not the fault of P2P per se by blueg3 · · Score: 1

      Ultimately the entire Internet is peer-to-peer.

      For a peer-to-peer system, it has a lot of heirarchical order.

      Of course, this bill actually targets peer-to-peer file sharing software, not some vague notion of "P2P applications". It even mentions one of the critical functions that a P2P file sharing application performs -- making files on your computer available for transmission to other Internet hosts. A P2P network (a) organizes peers using the same application and (b) indicates available (shared) files to other peers. The appearance of (b) varies a lot, but it's the general purpose of a P2P application.

    2. Re:Not the fault of P2P per se by nine-times · · Score: 2, Informative

      For a peer-to-peer system, it has a lot of heirarchical order.

      In what way? Maybe DNS has some hierarchy to it, but ultimately the internet is peer-to-peer. It's certainly not a broadcast network.

      The FTP servers on the Internet constitute P2P file sharing. Same with web servers. You can install apache on your computer and I can install it on mine, and then we be peers who have access to share each others' files. Google's search engine is the tool that most of us use to indicate what files are available, as well as to find them-- but really, Google is just another peer on the network.

      But now, watch out, if you use a protocol other than HTTP and a search engine that's not Google (and maybe decentralized), suddenly you're everyone assumes you're doing something illegal. They want to make peer-to-peer communications illegal, but they're failing to understand that there's no meaningful technical distinction between that "suspicious P2P file sharing" and "normal legitimate Internet traffic."

    3. Re:Not the fault of P2P per se by misexistentialist · · Score: 1

      It's similar to officials targeting Craigslist for facilitating prostitution and murder because some guy was targeting "massage therapists" who advertised there. Such distorted logic shows up when a reason needs to be invented to justify a desired result.

    4. Re:Not the fault of P2P per se by blueg3 · · Score: 1

      The physical structure is very much a strongly-organized hierarchy. It doesn't have to be, but it is. DNS has a very strong hierarchy.

      Google indexing files is at a different level than peer-to-peer communications. That a Web server is a "P2P application" is murky, but an FTP server probably is by this definition. It certainly has a set of files that are made available (and this set of files is available to others on the network) and others on the network can request these files. However, it's not clear in the other direction. As written, the FTP server would need to request uploads from a client. This isn't the case; uploads are client-initiated and accepted by the server.

      They're not trying to make peer-to-peer communication illegal at all. They're trying to make it illegal (for some sense of illegal) to create and distribute software that that is deceptive about what files it is making available on the network. You need to appreciate the difference between a regulation on communications and a regulation on software. (For one, the jurisdictional implications are important.)

    5. Re:Not the fault of P2P per se by nine-times · · Score: 1

      Google indexing files is at a different level than peer-to-peer communications. That a Web server is a "P2P application" is murky...

      I think you're missing the point. The Internet is not a broadcast system. Communication is two-way, and there's nothing about the Internet itself that designates one computer as a "client" and another as a "server". Your computer may only be configured for being a client or a server, or you may use firewalls to block certain communications, but as far as the Internet is concerned, every computer is both a client and a server at the same time. Therefore it is a peer-to-peer network.

      There's nothing murky about web servers allowing peer-to-peer file sharing. Files are made available on web servers, and then transmitted through HTTP. This file transmission is from one peer to another.

      However, it's not clear in the other direction. As written, the FTP server would need to request uploads from a client. This isn't the case; uploads are client-initiated and accepted by the server.

      What's the difference between a computer requesting a download from a server and a server requesting an upload from a client? Nothing if they're peers on the same network, and they're both servers. This is what I think people fail to recognize: there's nothing all that whacky and different about so-called P2P applications.

      Programs like Kazaa have two basic components:

      1. They include server software that shares the contents of a drive or directory. It doesn't really matter what protocol this server uses. It could be FTP or HTTP (no different from normal FTP or HTTP server software), except that they tend to use protocols that work more easily through firewalls.
      2. They include the ability to find the files that other peers are making available through that protocol. This component is really no different from a search engine, though it may be specialized and decentralized.

      So imagine I wrote a program that installed apache on everyone's computer, shared out a directory, and then registered with a central server which compiled and maintained an index of which files were available on which server. I would end up with something functionally equivalent to Napster but technologically equivalent to what we call "the web".

      They're not trying to make peer-to-peer communication illegal at all.

      This particular piece of legislation may not be trying to make it illegal, but people are trying. People are trying to vilify legitimate activity on the Internet by conflating "peer-to-peer networking" with "copyright infringment" which they're also trying to conflate with "people who give top-secret security information to terrorists".

      Of course there's a problem when people are installing server software without understanding what they're doing. If someone is computer illiterate, I don't recommend that they install something like Limewire, but it's not because I think P2P is evil. I also don't recommend anyone install Apache on anything but a test machine unless they know what they're doing. Something like Limewire may itself be bad, and anything downloaded from unknown sources should be considered suspect.

      But there's nothing wrong in abstract with P2P networking (including file sharing).

  18. This is not a problem! by djshaffer · · Score: 1

    From the act:

    SEC. 4. DEFINITIONS.

                As used in this Act--

                            (1) the term `protected computer' has the meaning given such term in section 1030(e)(2) of title 18, United States Code; and

                            (2) the term `peer-to-peer file sharing program' means computer software that allows the computer on which such software is installed--

                                        (A) to designate files available for transmission to another computer;

                                        (B) to transmit files directly to another computer; and

                                        (C) to request the transmission of files from another computer.

    Since nearly everyone using a P2P program does not "transmit files directly to another computer" this law has very limited application. Those internet routers have saved us!

  19. Information is nothing by Phiu-x · · Score: 1

    Its what you do with it that is important.The problem is not about the access of this information, but in what can be done to prevent someone to do something with this information. Thus the problem does not lie in P2P.Or any mode of data transportation for that matter. "Lets kill all pigeon since this network can be used to carry *Gasp* dangerous infos!"

    --
    This is a stolen sig.
  20. Ban Element 8! by number6x · · Score: 5, Insightful

    It is a well established scientific fact that 100% of terrorists use a readily available, totally unregulated oxidizing agent to maintain their very existence here on God's green Earth!

    This extremely destructive agent has been used in nuclear missile propulsion systems, high explosive devices, and is a leading cause of infrastructure collapse!

    Known as 'Element 8' This substance must be banned! Our wise and benevolent leaders have been combining Element 8 with simple carbon atoms in order to render it harmless and reduce its availability to the terrorists. These valiant efforts are opposed by environmental activists who are merely duped by our socialist enemies!

    Write to your Congressman and Senator today and have them join the fight to ban 'Element 8', before it is used to destroy us all!

    </sarcasm>

    1. Re:Ban Element 8! by The+Grim+Reefer2 · · Score: 4, Funny

      It sounds a lot like Dihydrogen Monoxide.

      The Invisible Killer

      Dihydrogen monoxide is colorless, odorless, tasteless, and kills uncounted thousands of people every year. Most of these deaths are caused by accidental inhalation of DHMO, but the dangers of dihydrogen monoxide do not end there. Prolonged exposure to its solid form causes severe tissue damage. Symptoms of DHMO ingestion can include excessive sweating and urination, and possibly a bloated feeling, nausea, vomiting and body electrolyte imbalance. For those who have become dependent, DHMO withdrawal means certain death.

      Dihydrogen monoxide:

              * is also known as hydroxyl acid, and is the major component of acid rain.
              * contributes to the "greenhouse effect."
              * may cause severe burns.
              * contributes to the erosion of our natural landscape.
              * accelerates corrosion and rusting of many metals.
              * may cause electrical failures and decreased effectiveness of automobile brakes.
              * has been found in excised tumors of terminal cancer patients.

      Contamination Is Reaching Epidemic Proportions!

      Quantities of dihydrogen monoxide have been found in almost every stream, lake, and reservoir in America today. But the pollution is global, and the contaminant has even been found in Antarctic ice. DHMO has caused millions of dollars of property damage in the midwest, and recently California.

      Despite the danger, dihydrogen monoxide is often used:

              * as an industrial solvent and coolant.
              * in nuclear power plants.
              * in the production of styrofoam.
              * as a fire retardant.
              * in many forms of cruel animal research.
              * in the distribution of pesticides. Even after washing, produce remains contaminated by this chemical.
              * as an additive in certain "junk-foods" and other food products.

      Companies dump waste DHMO into rivers and the ocean, and nothing can be done to stop them because this practice is still legal. The impact on wildlife is extreme, and we cannot afford to ignore it any longer!

      The Horror Must Be Stopped!

      The American government has refused to ban the production, distribution, or use of this damaging chemical due to its "importance to the economic health of this nation." In fact, the navy and other military organizations are conducting experiments with DHMO, and designing multi-billion dollar devices to control and utilize it during warfare situations. Hundreds of military research facilities receive tons of it through a highly sophisticated underground distribution network. Many store large quantities for later use.

    2. Re:Ban Element 8! by Nyvhek · · Score: 2, Funny

      Yeah, that's what happens when you accidentally combine Element 8 with hydrogen instead of carbon.

    3. Re:Ban Element 8! by nine-times · · Score: 0, Redundant

      That sounds almost as dangerous as dihydrogen monoxide.

    4. Re:Ban Element 8! by Idiomatick · · Score: 1

      Meh, DHMO still kills more people per year and they put it in your food.

    5. Re:Ban Element 8! by number6x · · Score: 1

      Element 8 is used to make dihydrogen monoxide!

      DHMO is another way that Element 8 kills innocent people everyday.

    6. Re:Ban Element 8! by number6x · · Score: 1

      DHMO contains Element 8! Every DHMO caused death is an Element 8 caused death.

      Element 8, on its own, can kill in many ways that DHMO cannot!

    7. Re:Ban Element 8! by nine-times · · Score: 1

      Yeah, I heard it's made out of Element 8 as well as a highly explosive chemical used in H-bombs.

    8. Re:Ban Element 8! by number6x · · Score: 1

      The terrorists have H-Bombs! Your information resources are amazing!

    9. Re:Ban Element 8! by Bellegante · · Score: 1

      Good thing this was modded off topic, I'm glad we have some mods willing to take a stand against people willing to compare apples to.. er..

    10. Re:Ban Element 8! by Anonymous Coward · · Score: 0

      You can even add hydrogen to it and get DHMO!

  21. Well, it *was supposed to spark anonymity by Provocateur · · Score: 1

    but I guess animosity is close enough...

    --
    WARNING: Smartphones have side effects--most of them undocumented.
  22. Helicopter Problems by Tokolosh · · Score: 1

    The solution is simple - take away the president's helicopter and do away with royalty.

    --
    Prove anything by multiplying Huge Number times Tiny Number
  23. This just goes to show by C_Kode · · Score: 1

    This just goes to show you that these guys have absolutely no idea what they are actually talking about. To say we are going to make law about P2P file sharing is like saying, I'm going to make a law that says you can travel from point A to point B, but not in a three wheeled car. Only four wheeled cars. So, I can't use bit-torrent's protocol, so I will just create a similar one and call it something else and use it until you decide to include it in your law also. (a three wheeled car with a training wheel)

    I'm sure they will just try to create an very broad law, but then they are really going to have issues actually applying the law since so many protocols already exist and are used in a myriad of ways. Also new protocols come out and they have to be applied and people will just find other ways round it. They will spend hundreds of millions of dollars trying to police / patch a flawed law.

    1. Re:This just goes to show by DaveV1.0 · · Score: 1

      I can't use bit-torrent's protocol, so I will just create a similar one and call it something else

      Fail. You obviously didn't read the legislation because your "similar one" would still fall under the definition P2P software and thus the law.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  24. Let me have it! by Anonymous Coward · · Score: 0

    Let em have the old P2P, torrents,etc, we'll just invent a new one they can't regulate! When Kazaa went down, it obviously made a certain Mr B. Cohen think!

  25. Re:Intent good, impossible to legislate by gclef · · Score: 1

    I disagree...the only p2p apps running should be *approved* ones. I realize that's splitting hairs, but the distinction is an important one. For example, I thought the Groove application from a couple years ago was a great idea & a good business use of p2p. That's the sort of thing that I could see being an approved p2p app. BearShare? not so much.

  26. Or maybe... by webheaded · · Score: 1

    Just maybe, mind you, they should just teach their employees how a computer works. I imagine that would help a great deal more. Why don't we stop babying everyone and if we REALLY want to do something, teach them how to use the software that they've got in a way that they don't have it scan their entire computer for everything all the time.

    I simply cannot fathom this kind of stupidity. Don't tell your P2P software to scan places with sensitive things in it and don't put those sensitive things in your shared folders. You don't see me putting a text file with my credit card numbers in my share folder so why would anyone put anything sensitive anywhere near their shared files? I guess I'll just never be able to completely understand things from the perspective of someone that not only knows nothing about computers but does not actually care to learn. It's beyond my comprehension. Even if you knew nothing...wouldn't you at least be curious to know what the hell your programs are doing?

    --
    "Those who would sacrifice essential liberties for a little temporary safety deserve neither liberty nor safety." - BenF
  27. Nothing to worry about by kheldan · · Score: 1

    This is yet another piece of misguided legislation authored by politicians who do not have the necessary grasp of the technical issues they're addressing or of the full scope of the ramifications of their proposed bill. Furthermore it's a knee-jerk reaction, and it's being reported in such a way as to foster panic and outrage. What, we're all done with Swine Flu, we've got to have something else to panic everyone over? Really, what is it they're trying to distract us all from, anyway? Enough, already. This proposal isn't going to see the light of day, and if it somehow does, it won't be enforceable nor will it stay in effect for long. Nothing to see here, move along, move along..

    --
    Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    1. Re:Nothing to worry about by yuna49 · · Score: 1

      While in general I agree with your evaluation of the bill's prospects, I still object to the entire enterprise on Constitutional grounds. What right does Congress have to tell anyone what they must include in computer software? We're not regulating automobile safety and mileage here, we're regulating speech. Can Congress tell novelists that they must include material describing the health risks of smoking whenever a character lights a cigar? What's the different between a book and Enhanced C Torrent? (Will command-line file-transfer programs like that or rsync have to add a "--Bonozo" switch constituting agreement with her proposed rules?)

      Still, a bill introduced by a Republican with one Republican and one Democrat co-sponsor probably isn't going very far in this Congress.

    2. Re:Nothing to worry about by kheldan · · Score: 1

      Your comment more or less complements my original post; they don't have the right to do so, which is one of the myriad reasons this legislation will go nowhere. ;-)

      --
      Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
  28. What's interesting... by tjstork · · Score: 1

    Is not so much that somebody had made a copy of a file containing Presidential Helicopter blueprints, but, that, somehow, we found these blueprints on a server in Iran. Seems to me that we give as good as we get, at least on this one.

    --
    This is my sig.
  29. Doesn't look so bad to me. by Aram+Fingal · · Score: 1

    The law is specifically against uploading files without informing the authorized user of the computer. I don't think that's such a bad thing nor is it a bad thing that it applies to all internet communications. It helps to clear up some situations where spyware would otherwise be in a legal grey area. It's also interesting to note that the legislation, as quoted on C-Net, does not make any specific exception for law enforcement to get files from a computer without the user's knowledge. I suppose that's covered by other laws.

  30. Re:Elections have consequences by Anonymous Coward · · Score: 0

    Who says everyone here was happy with the prospect of a Democrat in power? Really D/R are two sides of the same coin, just brands the NWO sells us to make us think we have a say.

    While we sat around fat and happy, international socialists have subverted governments around the world and sadly now the US will fall to the same.

  31. Re:Elections have consequences by Anonymous Coward · · Score: 0

    I am so glad I live in Canada even though the US tries to pressure us to do it the way they see is right. I HOPE WE DON'T FALL TO THE PRESSURE. If you do their maybe a coup in Canada.

  32. Control by Pig+Hogger · · Score: 1
    The issue is control. TCP/IP **IS**, by it's very design and essence peer-to-peer.

    It was developped by univertities for military use, and eventually released to the great unwashed masses(TM).

    Boy do the powers that are must regret that decision! The genie cannot be put back in the bottle...

    The pitiful restraints some ISPs try to impose ("no servers, no this, no that") are a reflection of the big power's fears when the people is allowed to express itself just like the big and powerful.

    Right now in France, they are trying nothing less than institute a compulsory monitoring program where the State would have access to all you do on the internet.

    Laws are being proposed to equate blogs with weapons of psychological destruction, no doubt with an eventual eye to suppress what annoys the powerful.

  33. Different from WikiLeaks? by YesDinosaursDidExist · · Score: 0

    if the law passes whats to stop WikiLeaks from facing further scrutiny? Its not that hard to NOT share a folder on your computer, how is regulating the "P2P" as a whole going to solve anything?

    --
    Individuals must choose, decide their "essential" nature rather than having it given from some transcendent source.
  34. How do they know ... by PPH · · Score: 1

    ... whether that beige box under my desk is a client, server, or a peer?

    For "peer-to-peer" to have any meaning in law or regulation, some definition of "server" is going to have to be written. It isn't going to be based on protocols or open listening TCP/IP ports. Practically every system I own has processes listening on various ports (Apache, sshd, etc.). So, we're going to need some legal distinction. Are "they" (whomever the infamous "they" is) going to make me apply for a server license? Not very likely, IMHO.

    This appears to be 1) an attempt to solve a problem by people who have absolutely no idea how the technology that their proposed regulations targets actually works, or 2) an attempt on behalf of "the industry" to force everyone to work through their $erver$ for the purpose of revenue generation.

    --
    Have gnu, will travel.
  35. Real problem, wrong solution by bill_kress · · Score: 1

    Of course government computers with classified information should NOT BE RUNNING ANY SOFTWARE THAT IS NOT COMPLETELY UNDERSTOOD AND PROPERLY CONFIGURED.

    Also, of course, it sucks that a p-p network in Iran is hosting secret information.

    How does passing a law regarding p-p in the US have any effect on these problems?

  36. The Internet is the P2P system by presidenteloco · · Score: 3, Insightful

    Please remember that the architecture of the Internet makes it the world's first P2P system; albeit with a lousy user interface.

    All regulation of P2P systems and what you can do with them or not logically must apply to the Internet as a whole, because there is
    no fundamental functional difference between a fancy P2P system and the raw Internet.

    This is why all legislation targeted specifically at P2P systems is both misguided and extremely dangerous to the future of the net as a whole.

    --

    Where are we going and why are we in a handbasket?
    1. Re:The Internet is the P2P system by cyclomedia · · Score: 1

      Of course they know this. "They" do not want a peer to peer system they want a (Government Controlled) Media to Peer system - just like good old TV used to be.

      --
      If you don't risk failure you don't risk success.
  37. Re:Elections have consequences by pixelpusher220 · · Score: 1

    Uh, the actual *DIFFERENCE* is that even those of us who wanted, supported and voted for Obama are openly critical of some of his policies.

    As opposed to the right-wing nut jobs that felt like Bush could do no wrong at anything.

    It's called 'big tent' politics, people with varying degrees of agreement on issues, but general agreement overall.

    Look how well that 'small tent' purity jihad is working for the GOP...

    --
    People in cars cause accidents....accidents in cars cause people :-D
  38. 13 14 15 16 by Anonymous Coward · · Score: 0

    i think i'll go eat a sandwich....ixteen!

  39. Re:Intent good, impossible to legislate by Sir_Lewk · · Score: 2, Insightful

    Who decides what "p2p apps" to ban and which to approve? Furthermore, what criteria do they judge them on?

    There is increasingly a separation between the actual applications (the clients), and the protocol itself, case in point: there are dozens of bittorrent clients. Do only sleazy malware clients get banned, or do entire protocols? What exactly makes a protocol "bad"? Why should anyone be in the business of telling me what sort of software I can write and run myself?

    --
    "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
  40. Ban P2P because of leaks? By that logic... by Anonymous Coward · · Score: 0

    The FAA should confiscate Air Force One after that idiotic stunt in NYC.

  41. Re:Elections have consequences by Anonymous Coward · · Score: 0

    Dear Shill:

    As could have been predicted (and indeed, was) by anybody with a brain, your guys fucked it up on a scale so large that it will live forever in infamy. The adults have taken over again and while I don't like everything they do, it sure as hell is the lesser of two evils by many orders of magnitude. Try to be an adult for a change, stop whining, put the megaphone down, get back in your trailer and STFU.

  42. Another dumf*ck law brought to you by.. by Paracelcus · · Score: 2, Insightful

    The slackjawed,walleyed, bucktoothed, illiterate, inbreds that brought you "The war on drugs" "gun control" the DMCA and all the draconian shit supposedly to "save the children" and make sex offenders out of teenage boys who make the mistake of screwing teenage girls.

    --
    I killed da wabbit -Elmer Fudd
  43. 17 18 19 20 by roguetrick · · Score: 2, Funny

    This shit ain't that funny.

    --
    -The world would be a better place if everyone had a hoverboard
  44. Re:Elections have consequences by reidiq · · Score: 1

    Should be modded +5 with the accompanying DUH! next to it.

    --
    Sig? No thanks. I don't smoke.
  45. Re:Elections have consequences by Attila+Dimedici · · Score: 2, Interesting

    Really, how come the only place I hear about the problems with his policies is on slashdot and conservative news and opinion sites?
    As for "'small tent' purity jihad" of the GOP, do you remember Joe Lieberman? got drummed out of the party because he had the temerity of thinking that getting rid of Saddam Hussein was a good idea? The closest you can come to that is Arlen Specter who left because he thought that the Republican voters would vote for the guy running against him in the primary. He didn't have the party apparatus working against him, just the actual voters.

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  46. Re:9 A B C by Thinboy00 · · Score: 3, Funny

    Hex, you idiot.

    --
    $ make available
  47. Re:Elections have consequences by Daniel+Dvorkin · · Score: 1

    [sigh] Many Democrats in Congress voted for the Iraq war resolution; some of them still think it was a good idea. A majority of Democrats (and these days, independents) believe they were wrong for doing so, but no one's "drummed them out of the party" for it. For that matter, Lieberman hasn't been "drummed out of the party" either ... even though he richly deserves it, not for his support of the war, but for his support of the Republican candidate in the Presidential election. What do you think would have happened to a Republican who supported Kerry or Obama?

    --
    The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  48. Re:Elections have consequences by AlamedaStone · · Score: 1

    how come the only place I hear about the problems with his policies is on slashdot and conservative news and opinion sites?

    Although I think this is a fair question, I wonder how many progressive outlets or forums you expose yourself to. Jon Stewart, for example, has certainly wasted no time taking shots at some of the dumbass stuff that's happened since the new Administration took office.

    In conversations with friends, I certainly don't hold back my criticism, but here I find people on the other side of the fence tend to do enough criticizing (of Obama) for everyone.

    [...]Joe Lieberman? got drummed out of the party because he had the temerity of thinking that getting rid of Saddam Hussein was a good idea[...]

    Well that's a dramatic reinterpretation of history. Here's a bit of what the Venerable Wikipedia has to say on the topic of why Joe lost the primary:

    "[3]his opposition to affirmative action;[4] his opposition to a Connecticut state law that would require Catholic hospitals to provide emergency contraception to rape victims;[5] his membership in the bipartisan Gang of 14;[6] his support of Florida governor Jeb Bush in the Terri Schiavo case;[7] his initial willingness to compromise on Social Security privatization;[8] his alliances with Republicans[9] and attacks on other Democrats;[10][11][12] and Lieberman's rhetoric, which is believed by many Democrats, including Paul Krugman and former John Kerry advisor Ari Melber, to often support Republican talking points."

    And here's the link: http://en.wikipedia.org/wiki/Democratic_Party_primary,_Connecticut_United_States_Senate_election,_2006

    --
    "All these years believing you're the signified monkey, only to find out you're just a big hunk of nobody cares."
  49. Re:Elections have consequences by Attila+Dimedici · · Score: 1

    So, my summary of why he was drummed out of the party was oversimplified. Even going with your list of reasons, he was still drummed out of the party for being insufficiently orthodox according to Democrat Party dogma. Olympia Snow is still a Republican even though she is further from standard Republican positions then Lieberman is from Democrat.

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  50. Re:Intent good, impossible to legislate by AlamedaStone · · Score: 1

    Who decides what "p2p apps" to ban and which to approve?

    I think you missed the bit up-thread about a "secure workplace". We aren't talking about Big Brother, we're talking about workplace network nazis.

    --
    "All these years believing you're the signified monkey, only to find out you're just a big hunk of nobody cares."
  51. ban fire now! by vaporland · · Score: 1

    ban fire! yes, outlaw all uses of fire without a license - using the same logic:

    arsonists use it to burn stuff
    smokers use fire to smoke crack, tobacco and marijuana
    fat people use fire to light grills and eat food which is unhealthy

    oh, sure, there are so-called legitimate uses for fire, like keeping from freezing to death, but it is mostly homeless people who use fire for that.

    so see, there is really no good reason not to outlaw fire - when fire is outlawed, only outlaws will have fire. hey - ban sticks - they make fire!

    --
    Ask Me About... The 80's!
  52. Why follow laws when the government doesn't? by Anonymous Coward · · Score: 0

    Theft, kidnapping, torture, murder...

    All by the government.

    Direct violations of morality and the US Constitution.

    Now we got a new clown and his idea of change is just a new set of excuses for the same old criminals.

    Don't lecture us about theft until you shut down the Federal Reserve and force the RIAA, MPAA & book publishers to pay the original authors.

  53. Re:Elections have consequences by Anonymous Coward · · Score: 0

    I don't know, what would happen?

    No way to know for sure, but it would probably go something like this: http://www.youtube.com/watch?v=T_NMZv6Vfh8

  54. Re:Elections have consequences by Anonymous Coward · · Score: 0