top | item 5682294

A bill in Congress legalizes cell phone unlocking and fixes the DMCA

501 points| sinak | 13 years ago |fixthedmca.org

106 comments

order
[+] rosser|13 years ago|reply
If you want this to pass, don't sign the petition, and don't email or write your congresscritter. Call them. Interact with a human being in their office. Anecdotally, that has a much greater impact.

(Source: my cousin and his wife were congressional staffers for several years.)

[+] sachinag|13 years ago|reply
The reason this is, BTW, is that calling isn't scalable. Any idiot can fire off emails or print petitions or print and mail letters (albeit with a budget). Fielding calls is a huge pain in the ass and can be linked - via area code+prefix, among others - to a specific district.
[+] WesleyJohnson|13 years ago|reply
For someone who has never called a politician to lobby for something, what do you say when you call them up? Is it as simple as "I'd like for you back this bill?" Honest question.
[+] jlcx|13 years ago|reply
I took your advice. On a related note, does anybody know how organizations promoting certain legislation decide between emphasizing calling and e-mailing? Usually I've been asked to send an email, but sometimes the same organizations that normally use that strategy ask for phone calls specifically.
[+] lawnchair_larry|13 years ago|reply
Do you have any insight as to how often the congressperson has already made up their mind on an issue, seemingly for political/lobbying/cronyism reasons, versus how many are on the fence and actually swayed by the calls they receive?
[+] timdorr|13 years ago|reply
Is there a website where we can easily find our rep's phone number?
[+] DigitalJack|13 years ago|reply
I'm an introvert and a shy one at that. What do I expect when I call? What should I say? I feel like a fish out of water even thinking about it.
[+] pfraze|13 years ago|reply
Agreed!

Congressmen value usable research and testimony. If you can hand them a credible argument for your point, well-condensed, well-organized, well-researched, and give a solid political bottom line (they are all about getting elected, you know) then you're ten miles ahead of the pack.

[+] rayiner|13 years ago|reply
Or better yet, get some like minded people together and go down to your Congress person's office and at least try and create the impression that there are actual votes at stake on this issue instead of just impotent e-rage.
[+] danboarder|13 years ago|reply
Or, better yet, do both: call your representative's office _and_ sign the petitions/send emails.
[+] davvolun|13 years ago|reply
Why not do all of the above?
[+] ebbv|13 years ago|reply
This legislation doesn't entirely fix the DMCA. It fixes some problems but more remain.

Copyright is some seriously fucked up shit right now. It has been dominated by big money interests for the last 50 years.

[+] rhizome|13 years ago|reply
There is a hidden agenda in saying that this "fixes the DMCA." It has a morass of serious issues untouched by these modifications.
[+] smutticus|13 years ago|reply
Forward progress is still forward progress.
[+] Guvante|13 years ago|reply
It would be nice if the Digital Millennium Copyright Act only applied to Copyright violations.
[+] phantom784|13 years ago|reply
That would make sense, and it's analogous to the laws in some states where it's legal to own lockpicks and use them on locks you own, but if you get caught with them while breaking & entering, the lockpicks become illegal.
[+] kmfrk|13 years ago|reply
Now is a good time to show that people are capable at passing legislation instead of blocking it.

It's easier to enshrine rights in law than to oppose every iteration of PIPA and CISPA, every time they try to let it slip through unnoticed.

[+] GhotiFish|13 years ago|reply
It would give me hope for America's technological future if this one can be pushed through.
[+] scott_meade|13 years ago|reply
If someone has information that they only want certain people to see, would circumventing a technological measure that controls access to that information be allowed under this bill? For example, internal documents, trade secrets and documents under NDAs?

If someone has information they only want licensed people to see, would circumventing a technological measure that controls access to that information be allowed under this bill? For example, publishers of stock market analysis which is released only to licensed subscribers.

[+] comex|13 years ago|reply
I am not a lawyer, but-

> If someone has information that they only want certain people to see, would circumventing a technological measure that controls access to that information be allowed under this bill? For example, internal documents, trade secrets and documents under NDAs?

Among other things, this would generally be a violation of the CFAA.

> If someone has information they only want licensed people to see, would circumventing a technological measure that controls access to that information be allowed under this bill? For example, publishers of stock market analysis which is released only to licensed subscribers.

Depends what you mean. If an unlicensed subscriber tried to gain access from scratch, then the CFAA would be applicable; if a licensed subscriber leaked large portions of the document to an unlicensed subscriber, then it would at least be a (standard) copyright violation. (If they only leaked specific bits of information, it probably wouldn't involve circumventing a technological measure, but contract law would be applicable.)

[+] darkarmani|13 years ago|reply
Why do you need the DMCA to protect these things?
[+] lawnchair_larry|13 years ago|reply
Why would circumventing document DRM be illegal? Nothing good can come of that.

If it's already illegal to have the document, that is the crime. Aggravators like these create perverse incentives and invite abuse.

[+] nilsbunger|13 years ago|reply
That is a fascinating question. Just like breaking into a network is illegal, you want something that applies at a document-level.

It's not actually a copyright issue. Whether the DMCA (or something else) covers it, I don't know but would love to hear.

[+] scott_meade|13 years ago|reply
What I really should have asked: Does the provision that allows you to "circumvent a technological measure that effectively controls access to works" allow you to circumvent network and data center security measures? I'd expect not, but I don't see where the bill draws a line between devices (phones, game consoles, dvds) and other types of information stores.
[+] plainOldText|13 years ago|reply
Equally important after signing the petition is sharing it on social networks; you know so that the effort gets amplified.
[+] dlitz|13 years ago|reply
One of the most important things about this bill is that it takes care of the anti-circumvention provisions in a general way, rather than narrowly targeting cell phone unlocking.

> (3) It is not a violation of this section to use, manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof that is primarily designed or pro- duced for the purpose of facilitating noninfringing uses of works protected under this title by circumventing a technological measure that effectively controls access to that work, unless it is the intent of the person that uses, manufactures, imports, offers to the public, provides, or traffics in the technology, product, service, device, component, or part to infringe copyright or to facilitate the infringement of a copyright.

[+] gluxon|13 years ago|reply
This is very dangerous. Just from the first paragraph of the page, it is stated that the bill will allow all types of software modification.

A bill like this will have a very hard time passing. This was originally suppose to be only about unlocking cell phones for use with other carriers. Now conditions have been added that make the bill very arguable. It is asking for more than we can take. Companies like Apple and Sony will be very likely against this.

Every part of me wants this to pass, but this bill is sadly unlikely to. ... sadface

[+] DigitalSea|13 years ago|reply
History has taught us if you want to change something within Congress, you need a lot of lobbying cash to buy off as many key votes as possible. While it makes sense to allow cell phone unlocking (here in Australia it's legal) I have a feeling those who benefit off of locking you in will be spending some of their lobby change as well. That's not to say the bill won't pass though, there is still a chance if enough people make enough noise and ask questions, flood the airway.
[+] azat_co|13 years ago|reply
I was with fixthedmca and grassroots.io during StartupBus and Sina works at the same office with me — the cause is important and the new design is very good!
[+] Grognak|13 years ago|reply
Is there any reason not to support this? What negative impacts could this have towards the companies that this effects?
[+] heironimus|13 years ago|reply
I want to know this too. When I see thing like "This fixes the DMCA", it makes me question the intentions of the advocating website. It sounds too good to be true.
[+] davvolun|13 years ago|reply
"As a constitutient, I write today to urge you to support the the.."

Seriously? C'mon!

[+] sinak|13 years ago|reply
Haha, I can fortunately plass off blame to EFF for writing that. I'll fix it now :).

Edit: Should be fixed now.

[+] peapicker|13 years ago|reply
For a second I thought this was an April Fool's day post!
[+] spoiledtechie|13 years ago|reply
Email Sent.
[+] ericb|13 years ago|reply
Emails will be ignored. Call them. They notice that.