Re: [ISN] FC: Draft of Rep. Berman's bill authorizes anti-P2P hacking

From: InfoSec News (isnat_private)
Date: Thu Jul 25 2002 - 03:39:25 PDT

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    Forwarded from: Robert G. Ferrell <rferrellat_private>
    >    Sponsored by Reps. Howard Berman, D-Calif., and Howard Coble, R-N.C.,
    >    the measure would permit copyright holders to perform nearly unchecked
    >    electronic hacking if they have a "reasonable basis" to believe that
    >    piracy is taking place. Berman and Coble plan to introduce the 10-page
    >    bill this week.
    It's difficult to find adequate words for expressing what a deeply
    offensive, poorly thought-out, and just plain bad idea this is.  The
    first time one of these "copyright holders" tries to hack a network
    frequented by any of a fairly significant number of what have come to
    be known as "black hats," they would be doomed.  Can you say massive
    denial of service?  Can you imagine being hit by a dozen 0-days at
    3:45 AM?  I'm not talking Web page defacements here, either--I'm
    talking about serious, specifically targeted mayhem.  I don't think
    any of the clueless individuals who've pushed for or passed this piece
    of excrement masquerading as legislation have the slightest idea what
    sort of resistance the underground community is capable of generating,
    especially if galvanized by such a patently outrageous abuse of basic
    online civil liberties.
    "Raids" have always been the exclusive purview of duly accredited law
    enforcement agencies, and as such have (theoretically) been closely
    controlled and regulated by the judiciary.  This measure puts what
    amounts to raw, unmonitored law enforcement powers in the hands of a
    brutally self-serving industry, with no regards whatever to the rights
    of the individuals involved.  It is quite simply state-supported
    vigilantism, and about as unconstitutional as you can get.
    For the sake of both sides in this issue, I wish this bill a speedy
    relegation to to the bottom of the compost heap, where it most
    assuredly belongs.
    Robert G. Ferrell
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