[OT] Will the SSSCA outlaw Squeak?

Karl Ramberg karl.ramberg at chello.se
Sun Sep 16 16:02:22 UTC 2001


Ned Konz wrote:

> >From the bill's header (see http://cryptome.org/sssca.htm for the text of the
> bill):
> 
> It is unlawful to manufacture, import, offer to the public, provide or
> otherwise traffic in any interactive digital device that does not include and
> utilize certified security technologies that adhere to the security systems
> standards adopted under section 104.

SEC. 104. ADOPTION OF SECURITY SYSTEM STANDARDS. 

       (a) CRITERIA. -- In achieving the goals of setting standards that
will provide effective security for content and certifying as many conforming
       technologies as possible to develop a competitive and innovative
marketplace, the following criteria shall be applied to the development of
       security system standards and certified security technologies: 

              (1) Reliability 

              (2) Renewability 

              (3) Resistance to attack 

              (4) Ease of implementation 

              (5) Modularity 

              (6) Applicability to multiple technology platforms 

       (b) PRIVATE SECTOR EFFORTS. -- 

              (1) IN GENERAL. -- The Secretary shall make a
determination, nor more than 12 months after the date of enactment of
the Act,
              as to whether -- 

                    (A) representatives of interactive digital device
manufacturers and representatives of copyright owners have
                    reached agreement on security system standards for
use in interactive digital devices; and 

                    (B) the standards meet the criteria in subsection
(a). 

              (2) EXTENSION OF 12-MONTH PERIOD. --  The Secretary may,
for good cause shown, extend the 12-month period in paragraph
              (1) for a period of not more than 6 months if the
Secretary determines that -- 

                    (A) substantial progress has been made by those
representatives toward development of security system
                    standards that will meet those criteria; 

                    (B) those representatives are continuing to
negotiate in good faith; and 

                    (C) there is reasonable expectation that final
agreement will be reached by those representatives before the
                    expiration of the extended period of time. 

       (c) AFFIRMATIVE DETERMINATION. -- If the Secretary makes a
determination under subsection (b)(1) that an agreement on security system
       standards that meet the criteria in subsection (a) has been
reached by those representatives, then the Secretary shall -- 

              (1) initiate rulemaking within 30 days after the date on
which the determination is made to adopt those standards; and 

              (2) publish a final rule pursuant to that rulemaking not
later than 90 days after initiating the rulemaking that will take effect 1
              year after its publication. 

       (d) NEGATIVE DETERMINATION. -- If the Secretary makes a
determination under subsection (b)(1) that an agreement on security system
       standards that meet the criteria in subsection (a) has not been
reached by those representatives, then the Secretary -- 

              (1) in consultation with representatives described in
subsection (b)(1)(A), the National Institute of Standards and Technology
              and the Register of Copyrights, shall initiate a
rulemaking within 30 days after the date on which the determination is
made to
              adopt security system standards that meet those criteria
to provide effective security for copyrighted material and other
              protected content; and 

              (2) publish a final rule pursuant to that rulemaking not
later than 1 year after initiating the rulemaking that will take effect 1
              year after its publication. 

       (e) MEANS OF IMPLEMENTING STANDARDS. -- The security system
standards adopted under subsection (c) or (d) shall provide for secure
       technical means of implementing directions of copyright owners,
for copyrighted material, and rights holders, for other protected content,
       with regard to the reproduction, performance, display, storage,
and transmission such material or content. 

       (f) SUBSEQUENT MODIFICATION; NEW STANDARDS. -- The Secretary may
conduct subsequent rulemakings to modify any standards
       established under subsection (c) or (d) or to adopt new security
system standards that meet the criteria in subsection (a). In conducting
       any such subsequent rulemaking, the Secretary shall consult with
representatives of interactive digital device manufacturers,
       representatives of copyright owners, the National Institute of
Standards and Technology, and the Register of Copyrights. Any final rule
       published in such a subsequent rulemaking shall -- 

              (1) apply prospectively only; and 

              (2) take into consideration the effect of adoption of the
modified or new security system standards on consumers' ability to
              utilize interactive digital devices manufactured before
the modified or new standards take effect.

karl




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