Newsgroups: comp.org.eff.talk
Subject: 20 years of progress in S
From: roland.h..pesch@grapevine.lrk.ar.us (Roland H. Pesch) 
Date: 24 Dec 92 11:15:00 GMT
Reply-To: roland.h..pesch@grapevine.lrk.ar.us (Roland H. Pesch) 
Distribution: world
Organization: The GrapeVine BBS *** N. Little Rock, AR *** (501) 753-8121

Fees Charged for Use of Government BBS

In a poorly thought-out move designed to raise federal revenues,
Congress passed a law permitting the Federal Maritime Commission
to charge user fees on its Automated Tariff Filing and Information
System (AFTI).  The law requires shippers, freight forwarders, ocean carriers
and third-party information vendors to pay 46 cents for every
minute they are connected to the government-sponsored electronic database.

EFF joined with many other groups, including library groups, the
Information Industry Association and The Journal of Commerce, in
opposing this legislation.  EFF and the others fear that this precedent
of allowing the government to charge citizens more than the
government's cost for information could be applied to many other federal
databases and impinge on the public's access to government data in electronic
formats.

Federal Employees Denied Copyrights for Government Software

EFF joined with several other organizations to successfully stop the
Technology Transfer Improvements Act in a Senate committee after
it had passed in the House of Representatives.  This Act would have allowed
the federal government to claim copyright in certain computer software
created by federal employees working with non-federal parties.
Because so much government information is stored only in computerized
formats, EFF and the others, including the Software Publishers Association,
American Library Association, and Information Industry Association,
were concerned that this legislation would impinge on a citizen's right to
obtain and use government information that he or she has the right
to obtain and use.

Reproducing Copyrighted Software Now a Felony

Under the strong lobby of the Software Publishers Association, Congress
decided to stiffen penalties for individuals making illegal
reproductions of copyrighted software.  The amended law makes
reproducing copyrighted software a felony if certain conditions are
met. According to the statute, any person who makes 1) at least ten copies
2) of one or more copyrighted works 3) that have a retail value of more
than $2500, can be imprisoned for up to five years and/or fined
$250,000.  In order for the infringement to be a criminal violation,
however, the copies must be made "willfully and for purposes of
commerical advantage or private financial gain."  While the term
"willfully" is not defined in the statute, previous criminal court cases
on copyright law have held that the person making the copies must
have known that his or her behavior was illegal.  Software backups are not
illegal (in fact, they are usually encouraged by software providers),
and therefore do not fall under the scope of this statute.

Like most of us, EFF is concerned about the ramifications of this
legislation.  While the statute itself provides safeguards that seem to
place heavy restrictions on how the law is applied, we are wary that
improper application of the law could result in extreme penalties for
software users.  We will be monitoring cases brought under this
statute and intervening if we see civil liberties violations taking place.

Network Access for All

Commercial Users Given Internet Access

Congress gave the National Science Foundation (NSF), the agency
overseeing the Internet, the authority to relax some of its access rules
governing certain types of information travelling over the network,
including commercial information.  The Internet has been an educational
and research-oriented network since the 1980s.  Over the past few
years, however, the Internet has become increasingly open to non-
educational and commercial uses.  The National Science Foundation Act was
amended to encourage an increase in network uses that will ultimately support
research and education activities.

While the amendment was still being considered by the House Science
Subcommittee, chaired by Representative Richard Boucher (D- Virginia),
EFF's President, Mitch Kapor, argued for more flexible rules to spur
diversity and innovation on the Internet.  Relying in part on Kapor's
contentions, Representative Boucher sponsored the amendment as it
passed in the full House of Representatives; Senator Albert Gore (D-
Tennessee) championed it in the Senate.  EFF lobbied to convince potential
congressional and industry opponents that the legislation would
facilitate, not impede, wider access to the Internet.


EFF's Open Platform Proposal Introduced

This past Fall, Mitch Kapor testified before the House Subcommittee
on Telecommunications and Finance about the perceived dangers of
regional Bell telephone company entry into the information services market.
To combat the fear that the Bells would engage in anticompetitive
behavior, EFF proposed an information network for the near future that would
be affordable, equitable, and easily-accessible (EFF's Open Platform
Proposal).  Kapor suggested that ISDN could make such a network
possible sooner rather than later and at little expense.

Legislation was circulated near the end of Congress which included
the Open Platform Proposal.  The proposed legislation, entitled the
"Telecommunications Competition and Services Act of 1992," was
sponsored by House Telecommunications and Finance Subcommitee Chair
Markey and would give government support to anyone moving forward to
provide digital telecommunications now over existing copper wires.  This,
in turn, would pave the way for a broadband network requiring
telecommunications infrastructure modernization in the future.  This
piece of legislation laid the groundwork for a major debate in the
next Congress, especially since President-elect Clinton and Vice-President-
elect Gore have committed themselves to an infrastructure of
information highways.

As you can see, Congress has been very busy creating legislation that
may affect your lives online.  Next month, we will make some
predictions of areas where the 103rd Congress is likely to concentrate
its efforts.


Shari Steele is a Staff Attorney with the Washington office of the
Electronic Frontier Foundation (EFF). Steele can be reached at
ssteele@eff.org.

                     -==--==--==-<>-==--==--==-


         THE SECOND ANNUAL INTERNATIONAL EFF PIONEER AWARDS:
                       CALL FOR NOMINATIONS
                     Deadline: December 31,1992

In every field of human endeavor,there are those dedicated to
expanding knowledge,freedom,efficiency and utility. Along the electronic
frontier, this is especially true. To recognize this,the Electronic Frontier
Foundation has established the Pioneer Awards for deserving
individuals and organizations.

The Pioneer Awards are international and nominations are open to
all.

In March of 1992, the first EFF Pioneer Awards were given in Washington
D.C. The winners were: Douglas C. Engelbart of Fremont, California;
Robert Kahn of Reston, Virginia; Jim Warren of Woodside, California;
Tom Jennings of San Francisco, California; and Andrzej Smereczynski of
Warsaw, Poland.

The Second Annual Pioneer Awards will be given in San Francisco,
California at the 3rd Conference on Computers, Freedom, and Privacy
in March of 1993.

All valid nominations will be reviewed by a panel of impartial judges
chosen for their knowledge of computer-based communications and
the technical, legal, and social issues involved in networking.

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