March 29, 2003
Super-Mini-DMCAs, Blogs and Media

Ed Felten has been covering the Super-DMCA issue in FTT including several posts as well as linking to various state bills as passed or proposed, and even posting the Massachusetts bill.

The Register picked it up, and just quotes him because it's so well done. Basically, several states have passed or are considering super-powerful, but state level (hence the mini descriptor), versions of the DMCA (pdf) that will make sending and receiving encrypted email illegal, as well as using network address translation for addressing packets (this is written from behind both soft and hardware firewalls with NAT turned on -- I can't imagine high bandwidth connections not using either or both of these to keep some measure of security), not to mention the usual OS's like Windows that use NAT would be outlawed. The Register covered this topic but essentially just reprinted Ed's explanation.

Which brings up the blogging and media issue. For sometime, the debate about whether blogging is journalism has been discussed, and while this is receding there are still those who believe it cannot be, because of the lack of editorial oversight and the unreliability of blogs (a biz tech reporter at a large regional paper told me this two weeks ago). In effect, Ed becomes a journalist for the Register, because they ripped his stuff. Ed's blog is a great contribution to the advancement of the debate around IP issues, because of his unique experience (CS prof, fellow at the Stanford Center for Internet and Tech, recipient of RIAA lawsuit, encryption expert, blogger). Like anything on the Internet, trusted sources are critical, but the blogging medium really has nothing to do with veracity and usefulness. The value of his writing stands regardless of the medium's lack of editorial oversight.

Update 03/30/03: Declan McCullagh also wrote about this Friday in CNet, and posted to Politechbot today (thanks to Frank on the CNet article as well).

Posted by Mary Hodder at March 29, 2003 05:00 PM
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