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[FYI] (Fwd) FC: Text of draft Security Systems Standards and Certification Act
- To: debate@lists.fitug.de
- Subject: [FYI] (Fwd) FC: Text of draft Security Systems Standards and Certification Act
- From: "Axel H Horns" <horns@ipjur.com>
- Date: Sat, 8 Sep 2001 19:33:28 +0200
------- Forwarded message follows -------
Date sent: Fri, 07 Sep 2001 21:24:51 -0400
To: politech@politechbot.com
From: Declan McCullagh <declan@well.com>
Subject: FC: Text of draft Security Systems Standards and Certification Act
Send reply to: declan@well.com
Wired News article on SSSCA:
http://www.wired.com/news/politics/0,1283,46655,00.html
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http://www.politechbot.com/docs/hollings.090701.html
Text of Security Systems Standards and Certification Act
Sponsors: Sen. Fritz Hollings (D-S.C.), chairman of the Senate
Commerce committee, and Sen. Ted Stevens (R-Alaska). Draft dated
August 6, 2001. This bill has not been introduced as of
September 7, 2001.
Keystroked by Declan McCullagh, all typos his. Comments in
[brackets] are his. The bill is 19 pages long; much of the text
is summarized and placed in brackets.
________________________________________________________________
_
Title I -- Security System Standards
Sec. 101: Prohibition of Certain Devices
(a) In General -- It is unlawful to manufacture, import, offer
to the public, provide or otherwise traffic in any interactive
digital device that does not include and utilize certified
security technologies that adhere to the security system
standards adopted under section 104.
(b) Exception -- Subsection (a) does not apply to the offer for
sale or provision of, or other trafficking in, any
previously-owned interactive digital device, if such device was
legally manufactured or imported, and sold, prior to the
effective date of regulations adopted under section 104 and not
subsequently modified in violation of subsection (a) or 103(a).
Sec. 102: Preservation of the Integrity of Security
An interactive computer service shall store and transmit with
integrity any security measure associated with certified
security techologies that is used in connection with copyrighted
material or other protected content such service transmits or
stores.
Sec. 103: Prohibited Acts
(a) Removal or Alteration of Security -- No person may --
(1) remove or alter any certified security technology in an
interactive digital device; or
(2) transmit or make available to the public any copyrighted
material or other protected content where the security measure
associated with a certified security technology has been removed
or altered.
[Summary: Personal TV/cable/satellite time-shifting copies
normally must be allowed by certified security technologies]
Sec. 104: Adoption of Security System Standards
[Summary: The private sector has 12 months to agree on a
standard, or the Secretary of Commerce will step in. Industry
groups that can participate: "representatives of interactive
digital device manufacturers and representatives of copyright
owners." If industry can agree, the secretary will turn their
standard into a regulation; if not, normal government processes
apply and NTIA takes the lead. The standard can be later
modified. The secretary must certify technologies that adhere to
those standards. Also: "The secretary shall certify only those
conforming technologies that are available for licensing on
reasonable and nondiscriminatory terms." FACA, a federal
sunshine law, does not apply, and an antitrust exemption is
included.]
Sec. 108: Enforcement
The provisions of section 1203 and 1204 of title 17, United States
Code, shall apply to any violation of this title as if --
(1) a violation of section 101 or 103(a)(1) of this Act were a
violation of section 1201 of title 17, United States Code; and
(2) a violation of section 102 or section 103(a)(2) of this Act
were a violation of section 1202 of that title.
Sec. 109. Definitions
In this title:
(1) Certified security technology -- The term "certified
security technology" means a security technology certified by
the Secretary of Commerce under section 105.
(2) Interactive computer service -- The term "interactive
computer service" has the meaning given that term in section
230(f) of the Communications Act of 1984 (47 U.S.C. 230(f)).
[Note: According to 47 U.S.C. 230(f), an "interactive computer
service" means "any information service, system, or access
software provider that provides or enables computer access by
multiple users to a computer server, including specifically a
service or system that provides access to the Internet and such
systems operated or services offered by libraries or educational
institutions."]
(3) Interactive digital device -- The term "interactive digital
device" means "any machine, device, product, software, or
technology, whether or not included with or as part of some
other machine, device, product, software, or technology, that is
designed, marketed or used for the primary purpose of, and that
is capable of, storing, retrieving, processing, performing,
transmitting, receiving, or copying information in digital
form."
(4) Secretary -- The term "Secretary" means the Secretary of
Commerce [Takes effect at the date of enactment, except for
sections that wait for federal standard.]
Title II -- Internet Security Initiatives
[Summary: Creates 25-member federal "Computer Security
Partnership Council." Funds NIST computer security program at
$50 million starting in FY2001, increasing by $10 million a year
through FY2006. Funds computer security training program
starting at $15 million in FY2001. Creates federal "computer
security awards." Requires NIST to encourage P3P and similar
privacy standards]
________________________________________________________________
_
Penalties summarized (by Declan):
Criminal penalties apply to violations of sec. 102 or 103(a)(2).
That includes the "interactive computer service shall store and
transmit" without removal section, and the distribute "any
copyrighted material or other protected content where the security
measure associated with a certified security technology has been
removed or altered."
The criminal penalties are: "(1) shall be fined not more than
$500,000 or imprisoned for not more than 5 years, or both, for the
first offense; and (2) shall be fined not more than $1,000,000 or
imprisoned for not more than 10 years, or both, for any subsequent
offense." Only someone who violates the law "willfully and for
purposes of commercial advantage or private financial gain" can be
convicted.
Civil penalties apply to violations of sec. 101 or 103(a)(1). That
includes the section talking about how it's unlawful to make
systems without security measures, and how nobody may "remove or
alter any certified security technology in an interactive digital
device."
The civil penalties include injunctions in federal court, actual
damages, and statutory damages.
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