EFFector Vol. 11, No. 14 Sep. 29, 1998 editor@eff.org A Publication of the Electronic Frontier Foundation ISSN 1062-9424 IN THE 142nd ISSUE OF EFFECTOR: * ALERT: The Digital Millennium Copyright Act is going to conference - speak now or forever hold your peace! (Oct. 2 deadline!) + INTRODUCTION + IMMEDIATE ACTION TO TAKE + ABOUT DFC * Administrivia See http://www.eff.org for more information on EFF activities & alerts! _________________________________________________________________ September 28, 1998 EFF/DFC ALERT The Digital Millennium Copyright Act is going to conference Speak now or forever hold your peace! Tentative Deadline: Oct. 2 (Please do not redistribute after Oct. 10.) INTRODUCTION On September 24, 1998, Congress held the first of several meetings, to reconcile the House and Senate versions of the "Digital Millennium Copyright Act" (DMCA). These meetings could be completed by the end of this week! The DMCA makes significant changes to American copyright law in the name of implementing recent World Intellectual Property Organization (WIPO) copyright treaties. Unfortunately, some of the proposed changes could upset the uniquely American balance between the users and creators of copyrighted works. The Senate bill lacks adequate protections for fair use, encryption research, and personal privacy. It could also limit the availability of future consumer electronics and computer products. On the other hand, the House version contains many extraneous provisions that have little or nothing to do with implementing the important WIPO treaties. These provisions in the House bill would overturn three consumer-oriented Supreme Court decisions. The Justice department has concluded that one of these provisions, Title V, which creates sweeping new anti-fair-use rights in databases and other collections of information, may well be unconstitutional. (This Title V was previously a separate bill, the "Collections of Information Antipiracy Act.") Now is the time to speak up because these meetings will determine the final form of this legislation as it goes to the President's desk to be signed into law. If you care about the future of the Internet, you should let your Senators and Representatives know, as soon as possible, how important it is to preserve the essential provisions of the House DMCA, which protects fair use, personal privacy, the availability of consumer products and encryption research - while rejecting its harmful extraneous provisions. A letter to the Senate detailing public interest concerns with both pieces of legislation is available at the Digital Future Coalition web site: http://www.dfc.org ___________________________________ IMMEDIATE ACTION TO TAKE First Step: All privacy, encryption, fair use, and security supporters, especially supporters from states represented on the Conference Committee, are asked to IMMEDIATELY fax, call or e-mail your Senators and Representatives now and ask them to contact the members of the "Digital Millennium Copyright Act" Conference Committee and urge them to keep the protections for information consumers embodied in the core of the House version of the DMCA and to remove provisions such as Title V, the "Collections of Information Antipiracy Act", which have no relation to WIPO implementation. A sample letter and more information is available at the Digital Future Coalition web site: http://www.dfc.org To reach your legislator you may call the US Capitol Switchboard at 202-224-3121 locally or toll-free 1-800-962-3524 nationally. If you are unsure who your legislators are or want more info on how to contact them, see the EFF Congress Contact Factsheet at: http://www.eff.org/congress.html Second Step: Next contact the key Conference Committee legislators below and urge them to: 1. replace the Senate's "Digital Millenium Copyright Act" provisions with the better provisions of the House version; and 2. remove Title V, the "Collections of Information Antipiracy Act". The following Representatives and Senators are on the "Digital Millennium Copyright Act" Conference Committee: ================================================================ Party Senator Phone Fax State ---------------------------------------------------------------- R UT Hatch, Orrin G. 1-202-224-5251 1-202-224-6331 D VT Leahy, Patrick J. 1-202-224-4242 1-202-224-3595 R SC Thurmond, Strom 1-202-224-5972 1-202-224-1300 ================================================================ Pty Dist Representative Phone Fax State ---------------------------------------------------------------- R IL 06 Hyde, Henry 1-202-225-4561 1-202-225-1166 R NC 06 Coble, Howard 1-202-225-3065 1-202-225-8611 R VA 06 Goodlatte, Bob 1-202-225-5431 1-202-225-9681 D CA 26 Berman, Howard 1-202-225-4695 1-202-225-5279 D MI 14 Conyers, John 1-202-225-5126 1-202-225-0072 D MI 16 John D. Dingell 1-202-225-4071 1-202-226-0371 R VA 07 Tom Bliley 1-202-225-2815 1-202-225-0011 R LA 03 W.J. "Billy" Tauzin 1-202-225-4031 1-202-225-0563 ================================================================ IF YOU ARE A CONSTITUENT (i.e., you live in the same district as the Rep. you are contacting) make sure to say so. For example "I am a constituent, and I'm calling/writing because...." IF YOU REPRESENT A COMPANY OR ORGANIZATION, say so: "I'm Jane Person from Personal Technologies Inc. of Austin. I'm calling on behalf of Personal Technologies to ask the Representative to...." Business interests carry a lot of weight with many legislators, especially if they are in the legislator's home district. Legislators also generally heed organizational voices over individual ones. ___________________________________ ABOUT DFC The Digital Future Coalition (DFC), of which EFF is a member, is 42 non-profit and for-profit entities that are committed to fighting for balanced intellectual property law (copyright) in the digital era. This alert is based on a DFC alert. _________________________________________________________________ Administrivia EFFector is published by: The Electronic Frontier Foundation 1550 Bryant St., Suite 725 San Francisco CA 94103-4832 USA +1 415 436 9333 (voice) +1 415 436 9993 (fax) Editor: Stanton McCandlish, Program Director/Webmaster (mech@eff.org) Membership & donations: membership@eff.org Legal services: ssteele@eff.org General EFF, legal, policy or online resources queries: ask@eff.org Reproduction of this publication in electronic media is encouraged. Signed articles do not necessarily represent the views of EFF. To reproduce signed articles individually, please contact the authors for their express permission. Press releases and EFF announcements may be reproduced individually at will. To subscribe to EFFector via email, send message body of: subscribe effector-online to listserv@eff.org, which will add you to a subscription list for EFFector. To unsubscribe, send a similar message body, like so: unsubscribe effector-online Please tell ask@eff.org to manually remove you from the list if this does not work for some reason. Back issues are available at: http://www.eff.org/pub/EFF/Newsletters/EFFector To get the latest issue, send any message to effector-reflector@eff.org (or er@eff.org), and it will be mailed to you automagically. You can also get: http://www.eff.org/pub/EFF/Newsletters/EFFector/current.html