Intellectual Property Legislation Proposed

Mon Sep 17 10:35:00 EDT 2001

The following, somewhat edited, version of Sen. Hollings' (D. SC) proposed 
legislation comes from the Software Industry Association (SIA).

So, my friends and colleagues, is this good law or bad law? Whichever way 
you understand it, now is probably a good time to let your Congressionals 
know your opinions.

---------- Forwarded message ----------
From: Scott Edwards <Sedwards at siia.net>

> Senator Hollings, Chairman of the Senate Commerce Committee, is
> considering introducing a bill entitled "the Security Systems Standards
> and Certification Act". A copy of what we believe to be the latest version
> of this bill is provided below (because of the complexity and/or length
> certain sections of the bill are merely summarized). 
> 
> Title I -- Security System Standards 
> Sec. 101: Prohibition of Certain Devices 
> (a) In General -- It is unlawful to manufacture, import, offer to the
> public, provide or otherwise traffic in any interactive digital device
> that does not include and utilize certified security technologies that
> adhere to the security system standards adopted under section 104. 
> (b) Exception -- Subsection (a) does not apply to the offer for sale or
> provision of, or other trafficking in, any previously-owned interactive
> digital device, if such device was legally manufactured or imported, and
> sold, prior to the effective date of regulations adopted under section 104
> and not subsequently modified in violation of subsection (a) or 103(a). 
> Sec. 102: Preservation of the Integrity of Security 
> An interactive computer service shall store and transmit with integrity
> any security measure associated with certified security technologies that
> is used in connection with copyrighted material or other protected content
> such service transmits or stores. 
> Sec. 103: Prohibited Acts 
> (a) Removal or Alteration of Security -- No person may -- 
> 	(1) remove or alter any certified security technology in an
> interactive digital device; or 
> 	(2) transmit or make available to the public any copyrighted
> material or other protected content where the security measure associated
> with a certified security technology has been removed or altered. 
> Sec. 104: Adoption of Security System Standards 
> [Summary: The private sector has 12 months to agree on a standard, or the
> Secretary of Commerce will step in. Industry groups that can participate:
> "representatives of interactive digital device manufacturers and
> representatives of copyright owners." If industry can agree, the secretary
> will turn their standard into a regulation; if not, normal government
> processes apply and NTIA takes the lead. The standard can be later
> modified. The secretary must certify technologies that adhere to those
> standards. Also: "The secretary shall certify only those conforming
> technologies that are available for licensing on reasonable and
> nondiscriminatory terms." FACA, a federal sunshine law, does not apply,
> and an antitrust exemption is included.] 
> Sec. 108: Enforcement 
> The provisions of section 1203 and 1204 of title 17, United States Code,
> shall apply to any violation of this title as if -- 
> (1) a violation of section 101 or 103(a)(1) of this Act were a violation
> of section 1201 of title 17, United States Code; and 
> (2) a violation of section 102 or section 103(a)(2) of this Act were a
> violation of section 1202 of that title. 
> Sec. 109. Definitions 
> In this title: 
> (1) Certified security technology -- The term "certified security
> technology" means a security technology certified by the Secretary of
> Commerce under section 105. 
> (2) Interactive computer service -- The term "interactive computer
> service" has the meaning given that term in section 230(f) of the
> Communications Act of 1984 (47 U.S.C. 230(f)). 
> [Note: According to 47 U.S.C. 230(f)
> <http://www4.law.cornell.edu/uscode/47/230.html>, an "interactive computer
> service" means "any information service, system, or access software
> provider that provides or enables computer access by multiple users to a
> computer server, including specifically a service or system that provides
> access to the Internet and such systems operated or services offered by
> libraries or educational institutions."] 
> (3) Interactive digital device -- The term "interactive digital device"
> means "any machine, device, product, software, or technology, whether or
> not included with or as part of some other machine, device, product,
> software, or technology, that is designed, marketed or used for the
> primary purpose of, and that is capable of, storing, retrieving,
> processing, performing, transmitting, receiving, or copying information in
> digital form." 
> (4) Secretary -- The term "Secretary" means the Secretary of Commerce
> [Takes effect at the date of enactment, except for sections that wait for
> federal standard.] 
> Title II -- Internet Security Initiatives 
> [Summary: Creates 25-member federal "Computer Security Partnership
> Council." Funds NIST computer security program at $50 million starting in
> FY2001, increasing by $10 million a year through FY2006. Funds computer
> security training program starting at $15 million in FY2001. Creates
> federal "computer security awards." Requires NIST to encourage P3P and
> similar privacy standards] 
> 
 ***********************************************************************
PLEASE NOTE THE UPDATED CONTACT INFORMATION
***********************************************************************
Scott A. Edwards
Vice-President, Anti-Piracy and Content Programs
The Software & Information Industry Association
1090 Vermont Ave., N.W., Sixth Floor
Washington, D.C. 20005
Telephone: (202) 789-4448
Facsimile: (202) 289-7097
e-mail: sedwards at siia.net
http://www.siia.net
***********************************************************************
>  

				Janina Sajka, Director
				Technology Research and Development
				Governmental Relations Group
				American Foundation for the Blind (AFB)

Email: janina at afb.net		Phone: (202) 408-8175

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