July 22, 2024

Super-DMCA Already Law in Several States

Louis Trager at the Washington Internet Daily reports that Super-DMCA bills have already passed in several states:

The low-profile lobbying effort was under way about 2 years before it burst into the open in recent days. Legislation supported by MPAA was enacted in [Delaware] and [Maryland] in 2001 and in [Illinois], [Michigan] and [Virginia] last year, MPAA Senior VP Vans Stevenson said…. A different version was enacted in [Pennsylvania] in 2000, Stevenson said.

The story further quotes Stevenson as saying that bills are “pending” in Arkansas, Colorado, Florida, Georgia, Massachusetts, South Carolina and Texas. Others are watching bills in Oregon and Tennessee, Trager reports.

I have updated my Super-DMCA status page to reflect this new information.

Intent and the Super-DMCAs

Most of the reponses to my super-DMCA postings have been supportive, but a few people have disagreed. Some of the disagreements say, essentially, that there is no problem, because the bills are intended as anti-piracy measures, to prevent people from using cable, phone, or wireless service without paying.

(Let me put any doubts to rest by saying right now that people should be willing to pay for the service they receive. Jacking into the cable-TV network without paying for it is wrong, and I am happy to see reasonable punishments imposed on those who do it. If that were all these bills did, I wouldn’t object.)

In tech policy debates, we often see arguments about intentions crowding out discussion of the concrete effects of an action. It’s easy to see why intentions talk can be attractive for some participants. For one thing, it’s a game the whole family can play, regardless of their level of technical sophistication. There’s none of that boring, geeky talk about how networks operate and why encryption is used this way or that. Your arguments fit on a bumper sticker, and they’re fully reusable.

The other benefit of the good-intentions argument is that it’s usually true. In my limited engagement with the political process, it has seemed to me that everybody sees themselves as working for the public good, though they may naturally see the public good through the lens of their own self-interest. But if good intentions are so common, then their presence is unremarkable and doesn’t really distinguish you from the other side of the debate. Still, intentions talk is surprisingly common.

All of this would be harmless if politics were just a sequence of symbolic gestures. But of course we know that it isn’t. Citizens have to live with the consequences of well-intentioned but poorly drafted laws. We saw it with the DMCA, and we’ll see it again. The focus belongs on what these bills actually say, and what they would actually do.

NYT on Concealing Origin of Communications

Thursday’s New York Times ran an article by Thomas J. Fitzgerald about how to protect your privacy on-line. Here is an excerpt:

The tools and techniques that can be used to strengthen online privacy range from ways of masking your computer’s identity as you surf the Web to software for managing cookies to services that disguise the origin of e-mail messages.

Sounds like the Super-DMCA’s ban on concealing the origin of communications might be a bad idea!

Super-DMCA Page Available

I have created a page at http://www.freedom-to-tinker.com/superdmca.html with information about the state Super-DMCA bills and laws. I will update the page with status information as it comes in, and later with information about efforts to help educate lawmakers about this issue.

Super-DMCA Already Passed in Michigan

Alert reader Larry Blunk reports that the state of Michigan has already passed a set of super-DMCA laws. They will take effect on March 31. Here is the text of the three new laws: 1, 2, 3.

The ban on concealing the origin or destination of communications, whose drawbacks I had pointed out previously, is in the second of these laws. Other problematic aspects of the super-DMCA legislation are in the other laws.