FC: Business Software Alliance targets NYC with "truce" campaign

From: Declan McCullagh (declanat_private)
Date: Sun Jul 29 2001 - 10:34:00 PDT

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    From: Mark Milone <miloneat_private>
    Cc: "politechat_private" <politechat_private>,
    	"Michael E. Smith (E-mail)" <mesmithat_private>,
    	"Jay Sulzberger (E-mail)" <jaysat_private>
    Subject: BSA is Watching You (or NYC, at least)
    Date: Sun, 29 Jul 2001 11:05:20 -0400
    
    Taking the Subway home from work on Friday, I was stirred from my usual
    commute-induced stupor by the sight of a dread inspiring advertising
    campaign. Those of us who live in NYC [you know who you are], are
    accustomed to seeing whole subway trains devoted to touting a particular
    brand of sneaker, liquor, fashion line, etc. Well, on Friday Kenneth Cole
    took a back seat to the Business Software Alliance's Software Truce
    campaign (www.bsatruce.com).
    
    Entire subway cars were plastered with threats of BSA 'targeting' New York
    City. Paging Mr. Orwell . . . What, exactly, does this 'targeting' entail?
    Incentives for informant network administrators and disgruntled employees?
    Coordination with (and funding for) Mr. Ashcroft's Copyright Police (see
    the comment made by Robert Holleyman, CEO of the BSA, in Declan McCullagh's
    recent Wired article at
    http://www.wired.com/news/politics/0,1283,45608,00.html)? Incorporation of
    facial recognition software into NYC's photo radar system to track the
    whereabouts of suspected infringers? ;^)
    
    All I know from the ad is that offenders are given the choice of coming
    clean in exchange for a 20% licensing discount or prosecution with the
    promise of a public flogging. A quick view of the bsatruce.com site doesn't
    give too much info. There is, however, software entitled 'GASP'  that
    companies can use to audit their systems (aside: does the BSA employ the
    same marketing genius responsible for naming 'Carnivore?').
    
    The BSA privacy policy says that "The personal information volunteered by
    our users via the download of this software will be used by Attest for
    purposes of identification, direct marketing and online transactions."
    
    That's fine, I guess, but what if the software is downloaded and installed
    by an employee without the proper authority and in contemplation of leaving
    its employment? In Shurgard Storage Centers v. Safeguard Self Storage the
    federal district court in the Western District of Washington upheld a cause
    of action in favor of employers who may suffer the loss of trade secret
    information at the hands of disloyal employees who act in the interest of a
    competitor and future employer. Based on this ruling, an employee could be
    subject to federal criminal sanction for such actions, and the new employer
    could be deemed a party who is participating in a criminal conspiracy.
    
    I know it's a stretch, but could the hypothetical disgruntled employee be
    considered an agent of the BSA that has accessed a "protected computer
    without authorization, resulting in liability for BSA?"
    
    Mark G. Milone, Esq.
    
    
    
    
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