Dear Honorable Representative Charlie A. Gonzales,
I would have written to you about this matter earlier but I've felt
a sense of powerlessness that I'm sure most ordinary working Americans
share; that possessing only a voice no longer has any meaning to an institution
that has become an Ebay where laws are written and sold to the highest
bidder.
This sense of powerlessness is in my belief the greatest single threat
to our National Security. That the self-evidence of this is completely
lost on our nations conscience and government is just more proof of how
far we as a people have lost our ability to govern ourselves to the Monied
Insterests. Timothy McVeigh took lives and gave his own life just as the
Minutemen who won our nation's independence from England; his belief in
the principles which founded this nation and his sense of powerlessness
to fight our current government's lack of respect for its own Constitution
by speaking up drove him to fight in the only way he knew how and to have
the courage to stand up for his truly American beliefs all the way to his
last breath before his state-sanctioned murder, without remorse. As long
as the Monied Interests continue to buy laws that violate our Constitution
this threat to our National Security will remain. No missile defense, no
amount of spending on our military and police can protect us from the next
Timothy McVeigh. The Timothy McVeighs that our sold-out government will
continue to breed through their disrespect for our Constitution will continue
to blow up buildings and kill innocent women and children or infect and
kill with biological agents everyone in a large city or two (maybe even Washington,
D.C.) on the ever-increasing number of anniversaries of FBI^h^h^h SS misdeeds
until Congress returns to respecting the very Constitution from which it
derives its sole legitimacy. When the next McVeigh strikes I'll just smile
and say to myself "I told you so," knowing just whose hands really bear the
blood. It's like Thomas Jefferson said: "The Tree of Liberty must, from
time to time, be watered with the blood of patriots." And while I'll deeply
admire and respect the McVeighs' belief in our Constitution I'll deplore
their actions because it will give our sold-out government another "excuse"
to further repress our freedoms and trample our Constitution. Lest you get
the wrong idea I'm not a terrorist who would ever commit an act of violence.
The terrorists that I view as role models are Gandhi and Martin Luther King
- terrorists who created terror in the hearts of the Establishments of their
times through non-violent means. I am a terrorist who would dare speak up
against the Monied Interests that have purchased our government; a terrorist
who's act of terrorism is to write to their representative as I am doing
now and risk imprisonment by Big Brother for unapproved thoughts (thought-crimes)
that might cost the Monied Interests a penny or two of their soon to be
constitutionally guaranteed profits. Yes, you read that right, Rep. Gonzalez,
I'm so disillusioned that I'm equating the act of writing my Representative
in the House of Representatives of the United States of America with an act
of terrorism. It seems that the Monied Interests and their bought-and-paid-for
government already believe that their profits are a constitutionally granted
right - that competition and survival in the marketplace and responsibility
to society at large are obsolete - so they might not get around to fixing
such a mere technicality.
Having said that, I'm writing you this letter to protest the FBI's^h^h^h^h^h
SS's latest Ruby Ridge, their latest Waco. On July 16, 2001 (A Date That
Will ..) Adobe, Inc. ordered the FBI^h^h^h SS to imprison Dmitry Sklyarov,
a Russian programmer and father of two young children, because he gave
a speech that described the flaws in Adobe's encryption process used in
one of its products. An act no different from Ralph Nader describing the
flaws in Firestone's tires. An act not only legal but required in his own
country so that Russian citizens can exercise their fair-use rights under
Russian copyright law and so that Adobe could thus legally sell its product
there. An act of speech. Free speech, that once was protected under the
First Amendment of the Constitution of the United States of America. But
not free anymore. He remains in jail as I write this, having been denied
not just bail but unconstitutionally denied a bail hearing. He has been
charged with felony criminal violation of the DMCA, a law bought and paid
for by Monied Interests to protect their intellectual property by violating
the First Amendment of our Constitution. Leaders in Congress are now saying
that this is just what they expected of the DMCA and are applauding his arrest!!!
Like the Pentagon Papers this sticks in my craw and turns the screw in ways
that constitute Cruel and Unusual Punishment. This is evidence on its face
that many of your Dishonorable Colleagues are of such nonexistent morality
as to have re-election funding as their one and only desire and motivation
(to hell with the Constitution) that makes Clinton^h^h^h Nixon^h^h^h Hitler^h^h^h
Satan look like the Second Coming of Jesus H. Christ Himself. It is they
who should be in jail right now, not Sklyarov!!! And we complain when China
detains our citizens!!! Boys and Girls, can you say, HYPOCRISY? Can you say
Pot? Kettle? Black? I thought you could!!! Too bad your Sold-Out Dishonorable
Colleagues in Congress can't. And they won't care either because the sheeple
who voted them into office will never hear about the DMCA or Sklyarov because
the Monied Interests who bought the DMCA and who had Sklyarov illegally jailed
will make sure they'll never hear about it on TV or in the newspapers or
they'll slant the news to make it look like it's the DMCA that's good and
it's the Big Bad Evil Hackers who are Just Getting What They Deserve.
I would also like you to know that I found the courage and fortitude
today to kick a habit more addictive than Crack Cocaine, a habit more
"American" than reruns of "Little House On The Prairie." To protest the
DMCA, I called AOL Time Warner and canceled the cable television service
that I was paying $70 a month for. I told them why. Not that they even
bothered to ask. I kept my broadband internet service because even though
it comes from a Monopoly it's the only way I can keep myself informed about
what is really happening on our planet but if the Monied Interests And
The Congress It Bought And Paid For has its way the Internet will become
just as relevant here as it is now in China. Then I'll have to cancel my
Internet service, and then I don't know what I'll do, maybe quit the computer
profession that our nation is now as dependent on for its economic survival
as a newborn baby human is on its mother and drink vodka all day to drown
my sadness and misery at what the once great United States of America has
become thanks to the Monied Interests and the Government They Bought And
Paid For.
I've also considered renouncing my American citizenship and moving
to another country, but where to? Within the dictatorship of the multinationals
who buy not just the laws of nations but the treaties between them as well,
no land will be safe for freedom. We may as well all live in one big Afghanistan.
I need to digress here and say one thing. Although campaign finance
reform may be what's needed to get the Monied Interests out of bed with
our government I have to say that passing campaign finance reform legislation
that violates the First Amendment is no better than the DMCA. We need to
carefully consider a Constitutional Amendment to fix the problem. Why can't
the Congressmen who are so anxious to get a constitutional amendment to punish
those who burn the flag consider a constitutional amendment to return the
government to the people? Answer: their bought and paid for. They have to
be to get the sheeple to elect them. The United States of America is (expletive
deleted).
So please, Rep. Gonzalez, Save Freedom. Save us from those who want
to "Round Up The Terrorists Who Warp Our Childrens' Minds By Saying On The
"Evil" Internet That It Is OK To Burn Our Flag, Write Software That Competes
With Microsoft And Give It Away For Free, Own Guns, Worship Allah, Read
Playboy, Have An Abortion, Play Video Games, Etc. Etc. And Subject Them
To Cruel And Unusual Punishment And Then Execute Them And Let The Sheeple
Watch It On Pay-Per-View So That The Conservative Media (The Monied Interests
have convinced the sheeple that it's the "Liberal Media", a "Hitler Big
Lie" if there ever was one) Can Fund Your Dishonorable Colleagues' Re-Election."
De-Motivate The Next Timothy McVeigh. Defend Us From Monied Interests Who
Have Paid Congress To Trample Our Constitution To Protect Their Profits And
Further Widen The Already Enormous Gap Between Rich And Poor. And, Please,
Rep. Gonzalez, FREE SKLYAROV. REPEAL THE DMCA. YES, I KNOW THAT WE ARE REQUIRED
BY THE WIPO TREATY THAT WAS BOUGHT AND PAID FOR BY MONIED INTERESTS TO
IMPLEMENT THE DMCA BUT IF WE CAN IGNORE THE ABM TREATY AND BUILD A MISSILE
DEFENSE^h^h^h MAGINOT LINE WE CAN IGNORE WIPO AND REPEAL THE DMCA. ALSO,
OPPOSE THE NOMINATION OF ROBERT S. MUELLER, III, - THE NAZI GAS CHAMBER
OPERATOR WHO FOLLOWED ADOBE'S ORDERS AND INSTRUCTED HIS MINIONS TO ARREST
DMITRY SKLYAROV - TO BE HEAD OF THE FBI^h^h^h SS. Stand Up For The People.
Stand Up And Defend Our Constitution. Do It For Your Constituents. Do It
For The United States of America. Do It Because You Know It's The Right
Thing To Do. Do It For Our Children.
Now, here's a much more coolheaded letter that someone else who calls
himself "bsdbigot" (an afficianado of the BSD computer operating system,
no doubt) on www.slashdot.org wrote that I've "cut and pasted", an act
which will soon be illegal if the Monied Interests continue to have their
way with our Government. I'm way too bitter to write as he has so I have
no choice but to use (or as the Monied Interests say, "pirate") his words:
"I am writing to you to voice my concern with the legality of the Digital
Millennium Copyright Act (forthwith DMCA), signed into law Oct. 28, 1998
as Public Law 105-304. I do believe that the government has a responsibility
to aid in the protection of copyrighted materials. However, the government,
first and foremost, is responsible for ensuring that citizens retain their
rights.
The DMCA serves only as a monetary protection to the corporations publishing
digital materials. It does not address "fair use" by law-abiding citizens,
which is a cornerstone of copyright law. More importantly, enforcement
of the DMCA deliberately restricts freedom afforded in Amendment I of the
United States Constitution. Corporations have a responsibility to their
shareholders and investors. One side effect of the DMCA is that poorly
engineered software - something that should be a liability to a corporation
- is effectively certified as saleable by the government. Imagine, as a
parallel, walking into a grocery store to purchase a steak for dinner. Imagine
that all the beef for sale was in a pile on the floor, unwrapped, not refrigerated,
next to the store's loading dock and garbage chute. If the DMCA applied to
this hypothetical situation, it would prevent you from telling anyone about
the unsanitary conditions in which the beef was purchased. That is an affront
to the First Amendment: "Congress shall make no law [...] abridging the
freedom of speech." If the DMCA applied in this situation, you could only
cook the meat exactly as the store instructs you, not because the DMCA says
that you must use only the store's recipe, but because the DMCA prohibits
development and dissemination of the technology required to make fair use
of the meat. If the store's recipe called for pan-frying the steak, charcoal
grills would be illegal circumvention devices.
This analogy describes what has occurred concerning the encryption
system used by the Digital Versatile Disc (DVD) movie industry. The encryption
was found to be faulty and not worthy of protecting billions of dollars
of copyrighted material. Whether or not the intent was to slander the grocery
store, to steal the bad meat from the grocery store, or to protect people
from eating bad meat, DeCSS was released. DeCSS showed the world that the
grocery store is not able to protect its meat from going bad. Under the
DMCA, DeCSS is unlawful. Under previous copyright law, DeCSS is lawful -
it provides a method for you to eat steak tartar, steak and lobster, filet
mignon, or charbroiled porterhouse. Like the FDA and various Departments
of Health, previous copyright law already prohibits you from reselling your
meat in a manner that is dangerous to public health. In its current form,
the DMCA does no service to either the shareholders and investors of the
grocery store, or to the citizens who shop there. The DMCA only protects
the store's secret about how the meat is handled and ensures that the consumer
will use the store's recipe for preparing the meat.
A report this week by Scott Hettrick of Variety indicates that approximately
20% of all television-owning households now has a DVD player. The report
also says that 460 million DVD movies have been sold since 1997, when the
format was first publicly available. In fiscal years 1997 and 1998, Warner
Home Video's gross sales of DVD movies were $50 million and $170 million,
respectively. If you figure an average consumer cost of $20.00 (US) for
a single DVD movie, you have a multi-billion dollar industry, which is supported
by an optimistic ten percent of the US population. Ten billion dollars
have been spent on DVD movies in only 3 years! And, the growth rate is
phenomenal - 200% to 250% per year. These facts should make it clear that
any piracy that might occur without the DMCA would be, from a fiscal standpoint,
irrelevant. Let us not forget that criminals are criminals - they have
no respect for the law. The DMCA is supposed to protect against piracy,
but I would argue that piracy will continue with or without the DMCA, and
piracy can be prosecuted under existing copyright law. In this light,
the DMCA - already a bad law - is also extraneous.
DeCSS is not the only challenger to the DMCA - I use it in my example
because it has been high profile in the last year. Last week saw the arrest
of Russian Dmitry Sklyarov in a case that is sure to put DMCA to the test.
His company (based in Russia) sells a product that takes advantage of poor
encryption on Adobe eBook data. This product gives consumers back their
fair use rights, but it has been labeled a circumvention device under the
terms of the DMCA. This is a sad misnomer - neither DeCSS nor this other
product circumvents any protection device. They use an alternate or similar
algorithm to decrypt the copyrighted data within. The only thing being circumvented
in either case is the manufacturer's intended use (the store's recipe). In
fact, in the case of DeCSS, significant advances have been made in the speed
and reliability of the decryption - a fact that the Motion Picture Association
of America (MPAA) and the DVD Copy Control Association (DVD CCA) would
prefer to hide from consumers. So, here we see another adverse affect of
the DMCA: the market for complimentary products is being stifled. Of course,
this latest case is also an "international incident," which can only serve
to add stress to already strained relations between the United States and
Russia. As a result of the DMCA and Sklyarov's arrest, various groups and
individuals have initiated a boycott of all Adobe products and a boycott
against all international conferences held in the United States. The DMCA
is actually hurting a large corporation - the free market is starting to
reject corporations that support the DMCA.
There are other challenges to the DMCA in the making. Content Protection
for Recordable Media (CPRM) and Digital Music Access Technology (DMAT)
are two multi-corporation technologies that threaten to eliminate fair
use. There are initiatives to provide alternatives to these corporate strategies,
but reality says that the money that the large corporations can invest
in saturating the market with these new technologies will prohibit people
from trying to find an alternative.
I do not advocate piracy or plagiarism, and I understand that those
practices are exactly what the DMCA is supposed to prevent. The DMCA is
good for preventing these practices, but it reaches that goal at the expense
of citizens? rights. This is truly a new genre of legislation, and it is
asinine to assume that the DMCA is the answer to all questions that arise,
or to assume that previous copyright legislation is sufficient. There has
to be a happy medium, and I?m convinced that it has yet to be found. Whatever
the middle ground is, it needs to be beneficial to both corporations and
consumers.
I am pro-business. America continues to remain the most significant
world power largely because of the corporations that support our economy
and our government, and I have no wish to detract from our success and continued
position on top of the world. The government, however, has no business protecting
business from consumers. Inherent to a free market economy is the ability
of the consumer to choose. The DMCA prevents choices. The government should
limit its involvement in the free market to protecting consumers from business
and preventing attempts to undermine our economy. I ask that you take my
position under advisement and do what can be done to repeal the DMCA."
Sincerely,
Blind_RMS_Groupie
P.S. Yes, I'm aware that you're not on the committee that according
to House procedure has the sole power to repeal the DMCA. But you could
read my letter into the Record. If you do that, please let me know when
so I can go to a friends house and tape it off of CSPAN, assuming of course
that Congress hasn't sold the copyrights to its own deliberations to Microsoft
AOL Time Warner Disney GE Bertelsmann Sony, Inc. (MSAOLTWDGEBS on the NYNASDAQSE)
and that it is still legal for me to do so. OH, WAIT, ON SECOND THOUGHT,
PLEASE DON'T DO THAT!!! PLEASE, KEEP THIS LETTER A SECRET!!! IF MSAOLTWDGEBS,
INC. FINDS OUT ABOUT IT THEY'LL ORDER THE FBI^h^h^h SS TO COME AND BREAK
INTO MY HOUSE, STEAL MY HOUSE AND BELONGINGS AND AUCTION THEM OFF AND POCKET
THE PROCEEDS, ARREST ME AND THROW ME INTO A PRISON, OWNED AND OPERATED FOR
PROFIT BY MSAOLTWDGEBS, INC., WHERE THE GUARDS CAN WATCH AND LAUGH AS BUBBA
POUNDS ME UP THE RECTUM UNTIL I DIE FROM INTERNAL BLEEDING.
P.P.S. I'm unenployed right now, which explains why I have the time
to write this letter. Since I can no longer in clear conscience have anything
to do with Microsoft or Adobe or their products I might have to flip burgers
to support myself when my savings run out. Fortunately, with my living
expenses being as low as they are, I can support myself that way.
cc: POTUS (vice-president@whitehouse.gov)
cc: w (president@whitehouse.gov)
cc: President Putin (president@gov.ru)
cc: automated constituent opinion talley system (Phil_Gramm@gramm.senate.gov)
cc: automated constituent opinion talley system (senator@hutchison.senate.gov)