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The danger of the Security Systems Standards and Certification Act (SSSCA)
By Paul G. Allen
Before anyone remarks about this being Off Topic for the various mailing lists I’ve sent this to, please think about the effects this could have to Linux. In addition, even though many of you may not be US citizens, the recent happenings with international laws against cybercrime, copy protection and the like could make this US law relevant to you as well, not to mention the impact to your company should you not be able to do business in the US because of such a law. Therefore, it really is on topic, and the time to think about and act on such things is before they are written in stone, not after.
In case you haven’t heard, the SSSCA is before the Senate Commerce Committee, with a hearing earlier today (for the story and several links, including a draft of the bill). The SSSCA, if passed, would basically require that all interactive digital devices, including your PC, have copy protection built in. This protection would not allow digital media from being viewed, copied, transferred, or downloaded if the device is not authorized to do so. The bill also makes it a crime to circumvent the protection, including manufacturing or trafficking in anything that does not include the protection or that would circumvent it.
Even if there is no SSSCA, the entertainment industry as well as the IT industry both agree: we must have copy protection of some kind. While I do not disagree that many movies, songs, and other media are distributed illegally without their owners consent, and that copyright owners need some sort of protection, this is not the way to fight the problem, and doing so can, and probably will, have drastic and far reaching consequences for not only the IT industry, but the entertainment industry and the consumer as well.
Many of us have become increasingly involved with, and dependent upon, Free Software (as in GNU GPL or similar), especially the Linux operating system. This type of software is distributed with the source code, allowing anyone to modify it as they choose and need. Linux has become popular to the point that many companies, especially those that provide some kind of service on or for the Internet, rely upon it heavily. Because of the free nature of Linux, and other Free Software, it is extremely difficult to place actual numbers on how many systems are out there employing such software. Some of you, like me, can approximate the number of such systems in your own company or realm of knowledge. So how does this relate to the SSSCA?
As any programmer worth his/her salt will attest, given the resources, anything that can be programmed into a computer can be programmed out, or worked around. In the case of copy protection such as the SSSCA would require, the resources needed for circumventing it is simply the source code for the operating system of the computer, and/or other source code for applications used on the computer (such as one of the many free video/audio layers available). Now given the wording of the SSSCA, along with the DMCA and other supporting laws, it stands to reason that such Free Software would suddenly become a target for legislation. Such legislation logically may require such software to be judged illegal. Such a decision may have serious consequences to the IT industry as well as the entertainment industry and the consumer as well. Little may the consumer or entertainment industry know, but much of the technology they rely upon today is provided at low cost by Free Software. Take that software away, and suddenly doing business costs a lot more, and eventually the consumer just will not be willing to pay for it.
Now aside from the consequences to Free Software, what about the consequences to those who do not use such software. Imagine that home movie you shot last weekend on vacation. Now you wish to send that home movie to a relative, friend, whoever, over the Internet, or place it on your web site for all to download. Well, with many of the protection technologies suggested, this would not be possible, or would be extremely difficult. Some of these technologies require digital watermarks to be placed in the media, for one example. CD burners, digital cameras, etc. can not make these watermarks. The copy protection works by checking for such a watermark, and if it does not exist, the system either will not allow the media to be played, or will not allow it to be transmitted over the Internet as the case may be. So much for sending your cousin your latest home movie, or allowing your whole family to see it from your web site. An additional problem is all current media, including CDs and DVDs, you may currently legally own would not work on proposed new CD and DVD players with copy protection hardware. You would not be able to copy CDs, tapes, or anything else that you legally own in order to exercise your right to fair use, so as to listen to that CD on the cassette deck in your car.
I could go on, but I think this is long enough and has given some food for thought. Besides, I have work to do. Election time is near, so think about what that person you are voting for represents. Think about actually writing a letter to a congressman or other legislator, to a magazine (I actually had one published once, so its not beyond the realms of possibility), newpaper, etc. Many people have the attitude that they can do nothing and make no difference. Well, I say to them they are right, because there are so many people with that attitude, that none of them do anything and they make no difference in doing so. The ones that make the difference, are the ones taking a stance, and the ones taking the stance are the ones that are causing these ridiculous laws to be passed. Guess who those people are?…
Welcome to The United Corporations of America.
[Paul has been circulating this article among the various Open Source mailing lists and we at Samizdata felt it so important we’ve gotten his more than willing permission to reprint it in its’ entirety. What is happening should be of concern to all Libertarians and open source folk as well as civil liberties advocates of all stripes. The media industry is up to nothing less than buying congress so they may seize control of a resource (the Internet) they could not otherwise conquer. If they wished to build their own infrastructure from scratch, using their own money, we would have no complaints. That is not even remotely a picture of what they are attempting.
We agree wholeheartedly with law school professor Glenn Reynolds position. The media industry is ripe for a RICO. This is far more real than the so called Enron “scandal”. Enron failed to buy support. The market took its course and they are gone. The media industry is apparently much better at the bribery game and have a number of congressmen (Hollings and Stevens in particular) actively on their payroll. – Ed]
I have only a fuzzy and rather amateurish understanding of Chaos Theory but I do believe that it attempts to explain the process whereby a butterfly flaps its wings in the Amazon and, some time later, as a direct result, a hurricane lays waste to Poland. Or something. In other words, it is an exposition on how tiny, insignificant events can, through a cumulative series of knock-on effects, eventually become really big, major, world-changing events.
On the assumption that I am right (or, at least, not too hilariously wrong) then I think we are witnessing something in reverse by the UK governments sudden resurrection of the proposed ban on fox-hunting.
Now it is fair to say, that fox-hunting has been under the cosh for some time now. It has been priority No.1 for animal rights groups for years but, since Labour came to power in 1997, it has also been the target of the Labour left who see it as a decadent hobby for the cruel and arrogant rich; a totem of class privilege. This is a charge which is neither true nor fair but it has played well within the context of the Politics of Envy and, even if it were true, it deserves to be protected from state bullying.
But, faced with some determined opposition, the government has shied away for forcing through a ban of the sport in England and, until the last few days, the issue appeared, if not dead, then dormant.
All of a sudden, though, it is back on the agenda and with indecent haste, the government announcing a House of Commons Free Vote on March 18. Not through any sense of principle, mind. Tony Blair is known to be, at best, agnostic on the issue. No, it has everything to do with the War on Terror.
Blair has committed himself to supporting a US attack on Iraq but knows full well the unholy ruckus that support is likely to cause within his own party. This is a trade-off. Blair is telling the left that, if they keep quiet over the fate of Saddam, he will throw them some red meat in the form of the ban on fox-hunting they have always lusted for. In other words, give me Baghdad or the fox gets it.
It may not work. First, cynical ploys are the life-blood of the left and this may simply not be enough to buy their silence. Secondly, the principled opposition that rallied before is already rallying again and dark mutterings of civil disobediance fill the air.
But is this not an example of Chaos Theory only in reverse? Crazed terrorists kill thousands of people in America and, as a result, an old English tradition faces state-mandated oblivion.
The calm acceptance of tyranny is often more scary than its imposition in the first place. I saw the following letter in the online edition of the Daily Telegraph, the right-leaning broadsheet not normally known for excessive idiocy. The following letter on ID cards was written by a certain R.E. Parker who clearly regards libertarian concerns about ID cards as so much paranoia. The letter is a classic:
“I had an identity card for years during my time working in the Gulf states and I didn’t feel that my civil liberties were being infringed. During a recent trip to Oman I wished I did have an identity card as the bank would not change my money without formal identification.”
This surely misses the point. As a freedom-lover I don’t mind being asked for ID in certain cases and indeed, in a free market, all kinds of institutions would make it commercially sensible for persons to carry ID of some kind, such as banks in Oman. But what the letter-writer is interested in, I assume, are state cards, imposed by force.
I’ve had it on my mind recently to check out the website of Amnesty International. I do recall clearly that, when I was a student, it was an organisation so esteemed that it was generally held to be the very highest arbiter of human affairs among anybody who was anybody. Why, the mere utterance of its name was sufficient to bring on paroxysms of crippling guilt and po-faced righteousness in equal measure
So I moseyed along to their website to see what they had to say for themselves these days, and guess what I found? Well, according to Amnesty the way to ‘Stop the Terror’ is to abolish the trade in small arms.
They’d be better off trying to stop the proliferation of the word sustainable which pops up all over their website like a plague
Now, in fairness to them, they do highlight the fact that small arms are used by tyrannical governments, guerillas and criminals to bully and kill innocent civilians but what they speciously fail to realise is that abolishing the means of self-defence is not the way to discourage them
Oh and there’s a lot of other guff about the diamond trade being (shock, horror) unregulated and a general lamentation about the slow progress of World Government under the strict auspices of the UN (which they clearly worship). In short it is more or less everything that can be expected from your average post-modernist left-wing lobby group
Of course, there is nothing wrong, indeed there is everything right, with campaigning against government abuse and torture of citizens but there is a great deal wrong with their promotion of ‘entitlements’ as ‘rights’ and with their underlying assumption that all human life can be preserved and sustained by writing lots of noble things on lots of bits of paper and entrusting their stewardship to diverse grand-sounding conventions and bureaucracies. Some people don’t quite get it. These guys don’t get it at all
Far from being a ‘Candle in the Darkness’, Amnesty International is just another one of those organisations that know everything about human rights and nothing at all about human liberties
Lots of good but wrong stuff…
…In Kevin Holtsberry’s blog. I would like to join battle with the redoubtable Mr Holtsberry on several issues, but can I start with just this one. I am as he is of sick of e-mails headed “heya…” and “hi?” that turn out to be porn. These e-mails disgust me when I see them, waste my time while I delete them, and mean that my children cannot be let out even for a moment from the kiddie-ghetto of Kids’ AOL. I don’t deny there is a problem. His proposed solution is to have a law. I have to point out that there probably are laws already, dozens of them. How long does a new one take to come in? How effective will enforcement be? Is there any special reason to suppose that it will be any more effective than the laws prohibiting drugs?
Slowly, imperfectly, but definitely, the market has provided solutions to related problems before. We first hooked up to Compuserve in 1995. At that time you paid for every message you received. We received a lot of junk, got sick of it, and quit. (Our family would be classified in advertiser’s jargon as not so much “early adopters” as “early rejecters”.) When we came back five years later the payment structure problem had been solved, and the quantity of junk mail much decreased. (Yes, really.) It’s an arms race. At the moment the attackers are winning – but who is going to be more motivated to research on means of defence: AOL, who are going to lose my custom one of these fine days if they don’t get a move on, or the government?
It’s not the case that I deny any role for law in this issue. Separate contracts, enforceable in law, between ISP and users as to what could and could not be sent by the ISP’s services, would be fine by me. Different ISP’s could compete on their various brand contracts. “We always prosecute pornographers who send unsolicited mail!” some would boast. Others could proudly say, “You choose: this service is completely unrestricted and unsupervised.” Contrast that with the obvious dangers of blanket supervision by not just the present government but all future ones. But the law is always likely to trail behind the power of angry customers (like me) with the right of exit. The lowlife that Mr Holtsberry rightly describes as being “creative and dishonest” in evading the software barriers that Internet Service Providers try to put up against them are scarcely likely to be less creative and more honest in evading legal barriers.
Libertarians will be deeply concerned to learn that the authorities of the Orwellianly-named “Samizdata” have hidden from their readers that Natalie Solent’s most recent reading matter was not “?” as appeared in the summary of what all the Samizdata posters just read (an obvious ploy; the world public has long known that “?” is a Pokemon, silly). It was actually a whole pile of 1997 copies of House and Garden given to me by my next door neighbour. Clearly the powers-that-be considered this insufficiently intellectual. In a compromise move Ms Solent has offered a real-life clever person’s book she read just too late for the deadline: Getting the Message, a history of communications by Laszlo Solymar. It’s full of interesting nuggets. Here, for example, is an excerpt from a law passed in France in 1837:
Anyone who transmits any signals without authorization from one point to another one whether with the aid of mechanical telegraphs or by any other means will be subject to imprisonment …
And here is the text of a warrant issued by the British Government to the Post Office during the Boer War:
to produce, for the Information of the Intelligence Department of the War Office, until further notice any telegrams passing through the Central Telegraph Office (in London) which there is reason to believe are sent with the object of aiding, abetting or assisting the South African Republic and the Orange Free State.
Plus ça change…
Receiving junk snail-mail and spam e-mails can certainly be irritating, particularly when it is yet another pyramiding scam/’teen-slutathon’/debt consolidation/shyster solicitation/weepy group-hug chain letter or whatever the annoyance-of-the-week is. As a result the urge to legislate over what is frankly a pretty trivial matter is on the agenda on both sides of the Atlantic.
Matthew Edgar wrote a worthwhile piece on this as it pertains to the USA. In Britain, ever since 1832, Election Rolls have been for sale and have been used by marketing professionals as a source of information and ‘list cleaning’ ever since. In this age of spam, we sometimes forget that marketing is an essential aspect of capitalist economics. Restricting it with regulations that go beyond anti-fraud measures adds unnecessary costs that we, the consumer, inevitably end up paying in the end via more expensive products.
Under the absurd British Data Protection Act, the recording of marketing data has been made subject to ever more bureaucratic red tape and imposed cost. This has made Election Rolls a particularly valuable source of reliable data. Yet now there are plans to require local authorities to produce a severely edited version of the Electoral Roll, which will be available for sale, whilst the unexpurgated version will be available only to the government and for ‘election purposes’… in other words, parties will have unrestricted access to your personal information in order to market their political candidates, yet people who want to sell you something you might actually need are told to get stuffed. If I dislike a piece of junk mail I can bin it; if I an annoyed by e-mail spam I can delete it… oh how I wish we could remove the intrusions of our political ‘masters’ so easily.
In an EU Observer report, the authoritarian nature of the European ‘Union’ is demonstrated yet again as Swedish citizen, Per Johansson, has been expelled from Belgian and can no longer travel in 14 European countries after pasting up an anti-EU poster at a Belgian police station.
The Belgian police in Brussels arrested the Swede, who is an active member of a legal Swedish left wing party, just three days before the Laeken summit. The police expelled the man for only one reason: he had been helping friends putting up the poster, announcing an anti-EU meeting.
Hopefully such cack-handed suppression of dissent will just encourage more resistance against the EU by people who value freedom of expression, free association and reject unaccountable socialist diktats governing every aspect of civil life.
It is good to hear that Dmitry is finally free to return to Russia. What puzzles me about this case is how did a US court even feel they had the appropriate jurisdiction to try him?
The way I understand it, he wrote the decryption software in Russia, for a Russian company, ElcomSoft. The software is entirely legal in Russia and yet somehow because the program can crack codes in ways prohibited by the US Digital Millennium Copyright Act, Sklyarov was arrested when he visited a conference in the USA.
Imagine for a moment that a US citizen, living the USA, writes an article in the Wall Street Journal (a newspaper which is sold world wide). Say that in this article, the US journalist makes remarks that are illegal in Russia (a nation not known for its free press) but in the USA are protected by the First Amendment and hence entirely legal.
How would the USA react if, when that journalist makes the mistake of going to Russia to attend some conference, he gets arrested by the Russian police, thrown in jail and charged with a crime because the Wall Street Journal with the offending remarks was also available in Moscow hotels? Would some US lawyer care to explain how that works?
There is a good article by Douglas Carey called Wartime’s Lost Liberties over on the Ludwig von Mises Institute site.
Many others say that any lost liberties will be restored once the war is past us, or once terrorism has been eradicated. Although history has shown us that the most egregious laws and orders are usually rescinded eventually, each bold step by the government has led to even bolder steps in the future.
That is the trouble with laws: they are easy to pass but hard to repeal. One merely has to look at the idiotic British Pub Licensing Laws, introduced as a ‘temporary measure’ to curtail alcohol related absenteeism in the factories during World War I. They are still on the books today.
I have already had some peeved e-mails saying I am overstating things by calling Britain a Police State. Well, just yesterday Britain agreed to extradition to any country in the European ‘Union’ simply on the order of a foreign judge or magistrate. On nothing more than their say so that the person in question is a suspect in some crime, you can find yourself arrested and taken by force from your own country. This is regardless of wether or not the alleged crime is even an offence in Britain. You have NO recourse to a British court to prevent your extradition.
Thus British people can now find themselves in courts in which there is a presumption of guilt rather than innocence, under the Napoleonic legal systems that prevail in most of Europe. They will also be without any protection of habeas corpus. Is it any wonder the British state has ensured its population of subjects are well and truly disarmed? Given the option of shooting it out with British police attempting to serve a Greek arrest warrant on me or trying my luck with a corrupt Greek court answering to an establishment that sponsors domestic terrorism, that is not a choice with an obvious answer. In fact by accusing the Greek establishment of actually supporting the N-17 terrorist group, I am probably breaking Greek law and could soon be theoretically liable for arrest here in London.
Another e-mail questioned how any country with a free press could be regarded as a police state. Well, Britain has a free press only if you ignore the Official Secrets Act,the variety of Race Relations Acts and the fact the law will soon prohibit inciting ‘religious hatred’. Many of the anti-Islamic post found on numerous blogs will soon be illegal in Britain. There is no British ‘First Amendment’. And does no one remember the farcical situation of the TV media being prohibited from broadcasting the words of Sinn Fein/IRA leader Gerry Adams? The media responded by showing his image and having an actor dub over the words he was speaking. Free press? Sure, just so long as you don’t say things the state does not approve of. The capacity for self-delusion amongst British people never ceases to amaze me.
The fact the astonishing raft of repressive British laws is only lightly enforced (at the moment) just shows that the liberties of British society is now at the sufferance of the state, rather than by right. Given that it was largely British legal concepts that underpin the American legal system, this should serve as a salutary lesson to people in the USA as to what happens when a culture of liberty is allowed to decay… and please, I do not want e-mails from Americans telling me “Oh, but we have our wonderful constitution.” I have two words for you: forfeiture laws. So much for the 4th and 6th Amendments.
I am a great admirer of Western Civilisation and particularly the Anglosphere’s traditions of liberty. In many ways, we can see very encouraging trends as the communications revolution drives economic globalisation ever wider. Our ability to freely associate and trade outside the bounds of the state grow almost daily. Yet there are also trends in the other direction. As governments lose their largely illusionary ability to ‘control’ national economies, they are resorting to other means of applying power and coersion. Our liberties, regardless of where we live, do not come from judges or democratically ‘legitimised’ politicians or from a sanctified scrap of 200 year old paper. They come from us ourselves and are made real only by our willingness to refuse to let ourselves be the ‘things’ of any state. The best, no, the ONLY defence for liberty is a culture that values it and will fight for it by whatever means are required. There is no other way and there never has been.
There is an interesting article in the Virginian-Pilot called Gun shop owner sues ATF over reports. The owner of a gun shop in Virginia is suing the Bureau of Alcohol, Tobacco and Firearms because it has demand records of the shop’s used gun sales. The owner says the government is compiling a database of gun owners, which is strictly illegal. I particularly liked:
“While no one has accused me of committing a crime, they’re going on a fishing expedition, and I’m not going fishing with them,” Marcus said in a recent interview from his shop.
Excellent. The state can only tie liberty in knots if enough people are willing cooperate with it. Don’t cooperate.
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Who Are We? The Samizdata people are a bunch of sinister and heavily armed globalist illuminati who seek to infect the entire world with the values of personal liberty and several property. Amongst our many crimes is a sense of humour and the intermittent use of British spelling.
We are also a varied group made up of social individualists, classical liberals, whigs, libertarians, extropians, futurists, ‘Porcupines’, Karl Popper fetishists, recovering neo-conservatives, crazed Ayn Rand worshipers, over-caffeinated Virginia Postrel devotees, witty Frédéric Bastiat wannabes, cypherpunks, minarchists, kritarchists and wild-eyed anarcho-capitalists from Britain, North America, Australia and Europe.
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