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Location: Nashville, Tennessee, United States

4/30/2003

Digital Freedom: Stop the Mini-DMCA
If you're here from the link at Instapundit, and looking for how to help stop the mini-DMCA in Tennessee, please be sure to visit the website of the Tennessee Digital Freedom Network as well as reading the rest of this post and following my links. The TDFN is leading the fight. I've got more on that at the end of this post.

If you're from Tennessee, PublicKnowledge.org has provided the text of a letter that you should send to your legislator to urge them to vote against HB 457 and SB 213, which is being misleadingly sold by special-interest lobbyists as a simple law to strengthen efforts agains the theft of telecommunications services. An except:

The legislation is cast as a communications service theft bill; however, its reach is far greater. The proposed bills limit citizens' rights, limit legal uses of commonplace consumer electronics (such as VCRs and computers) and stifle technological innovation and research. ... Proponents of these bills assert that the proposed language updates the terms of the current laws to better prevent the theft of communications services and Internet piracy. Existing state and federal laws, however, already address these concerns. The proposed bills, in contrast, broaden statutory definitions, reaching into the home to control what kinds of devices consumers may use in conjunction with services for which they have legitimately paid. Consumers have never needed the "express authorization" of their cable or phone company before buying a new TV, VCR or PC - there is no reason to change that rule today. ... The potential impact of this legislation is significant. The terms of these bills are so broadly and ambiguously defined that legal activities and technologies are threatened. For example, without express permission from the "service provider," everyday lawful activities could be outlawed or prohibited, such as:
- viewing paid-for television on multiple home TVs
- recording television on a VCR to view at a later time
- sharing a broadband connection among multiple home computers
- working from home by securely connecting to the office over the Internet
The ramifications also extend beyond citizens to manufactures, distributors and retailers because the use, distribution and sale of many consumer electronic devices and computer hardware and software could become illegal. In addition, these bills implicate privacy and anonymous speech. For example, under House Bill 457 and Senate Bill 213, making anonymous communications to voice political views or report corporate misdeeds is a criminal offense. These bills would also make many encrypted business transactions illegal.
You can help stop this outrageous legislation by copying the full text of the letter, and sending it via email, fax and regular mail to your state senator and your state representative. If you are unsure of which district you live in, you'll find district maps for the state senate here and state representatives here.

In addition, you can email Gov. Bredesen to encourage him to speak out against HB 457 and SB 213.

For more on this issue, scroll down for yesterday's posts and also go here. Also, PublicKnowledge.org has web page of resources. And the Tennessee Digital Freedom Network is fighting the good fight, and has produced two excellent one-page flyers explaining in simple terms how bad the legislation is. You can download those here and here.