[105209] in Cypherpunks
Re: A question about the new ISP ruling and email... (fwd)
daemon@ATHENA.MIT.EDU (Jim Choate)
Sun Nov 8 17:28:14 1998
From: Jim Choate <ravage@einstein.ssz.com>
To: cypherpunks@einstein.ssz.com (Cypherpunks Distributed Remailer)
Date: Sun, 8 Nov 1998 15:37:18 -0600 (CST)
Reply-To: Jim Choate <ravage@einstein.ssz.com>
Forwarded message:
> Date: Sun, 08 Nov 1998 13:18:41 -0800
> From: Bill Stewart <bill.stewart@pobox.com>
> Subject: Re: A question about the new ISP ruling and email... (fwd)
> At 10:08 PM 11/7/98 -0600, Jim Choate wrote:
> >> `(B) As used in this section, other than subsection (a), the term
> >> `service provider' means a provider of online services or network
> >> access, or the operator of facilities therefor, and includes an entity
> >> described in subparagraph (A).
> >
> >That pretty much covers anyone other than a end-user/subscriber. This means
> >anonymous remailers, mailing list hosting services, email services, etc.
>
> No, it covers end-users too - this is the Internet, and any machine
> can provide services if it wants. Most dial users don't, except through
> other service providers such as pop3 or web servers, but cable modems
> and dsl will significantly increase the number of full-time-connected sites
> which can then offer more convenient services.
>
> What would the Copyright Office do if 10 million people filed as ISPs?
I don't think that will fly. Any car can be a cab so do all auto operators
need to license themselves as cabs?
No, it will take something other than passive access by that end-users
machine to require them to be registered under this. Now if they operate a
mailing list or any sort of distribution mechanism then I suspect this will
be true.
The operatores of the CDR (except for the Japanese node) should all probably
be registered. The question becomes do we either as individual or as a group
comply or refuse?
> It doesn't define "appropriate circumstances", though - it sounds like
> your definition would include a court order and restitution for your loss,
> and probably would include some assurance that the account holder was being
> prosecuted for some real crime as opposed to a political one (when will
> ISPs be required to stop carrying pages advocating illegal drug use, for
> instance?)
I would hope so. Though I agree on your point about appropriate
circumstances. It doesn't define who is involved in that decision either. If
I as a ISP operator have a say it should always be in the negative.
That results of social issues like drugs are really what worry me about
this. There is no constitutional mechanism that newspapers can be required
to register unless they're also commercial in scope and then only in
regards their profits.
Now a ISP is a digital newspaper, plain and simple. Whether it is operated
for profit or not doesn't change that. Now ISP's are already required to
register if they are for profit or non-profit and intend to take in money
from contributors (completely humanitarian support where the costs are paid
in toto out of pocket with no outside income aren't required to register at
all).
So what does this new law do to protect copyright holders over and above
their current protection? I'd say nothing, that it's a veiled move to
register the Internet in this country to control the spread of free speech.
> >> `(2) DEFINITION- As used in this subsection, the term
> >> `standard technical measures' means technical measures that are used
> >> by copyright owners to identify or protect copyrighted works and--
>
> I don't know what this one is going for - maybe some online equivalent
> of DIVX that phones home with a payment when you download it?
Things like digital watermarks, back-masked copyright statements, etc.
was the way I interpreted it.
Do cypherpunks only right code or do they sometimes fight social battles?
____________________________________________________________________
To know what is right and not to do it is the worst cowardice.
Confucius
The Armadillo Group ,::////;::-. James Choate
Austin, Tx /:'///// ``::>/|/ ravage@ssz.com
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