Security Systems Standards and Certification Act
Sponsors: Sen. Fritz Hollings (D-S.C.), chairman of the Senate Commerce committee, and Sen. Ted Stevens (R-Alaska). Draft dated August 6, 2001. This bill has not been introduced as of September 7, 2001.
Keystroked by Declan McCullagh, all typos his. Comments in [brackets] are his. The bill is 19 pages long; much of the text is summarized and placed in brackets.Background:
Wired News article on SSSCA (9/7/2001)
Politech archive on the Digital Millennium Copyright Act
Politech archive on U.S. v. Sklyarov
Complete text of SSSCA draft (2.5 MB PDF file):
http://cryptome.org/sssca.htm (now in HTML)
Title I -- Security System Standards
Sec. 101: Prohibition of Certain Devices
(a) In General -- 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 system standards adopted under section 104.
(b) Exception -- Subsection (a) does not apply to the offer for sale or provision of, or other trafficking in, any previously-owned interactive digital device, if such device was legally manufactured or imported, and sold, prior to the effective date of regulations adopted under section 104 and not subsequently modified in violation of subsection (a) or 103(a).
Sec. 102: Preservation of the Integrity of Security
An interactive computer service shall store and transmit with integrity any security measure associated with certified security techologies that is used in connection with copyrighted material or other protected content such service transmits or stores.
Sec. 103: Prohibited Acts
(a) Removal or Alteration of Security -- No person may --
(1) remove or alter any certified security technology in an interactive digital device; or
(2) transmit or make available to the public any copyrighted material or other protected content where the security measure associated with a certified security technology has been removed or altered.
[Summary: Personal TV/cable/satellite time-shifting copies normally must be allowed by certified security technologies]
Sec. 104: Adoption of Security System Standards
[Summary: The private sector has 12 months to agree on a standard, or the Secretary of Commerce will step in. Industry groups that can participate: "representatives of interactive digital device manufacturers and representatives of copyright owners." If industry can agree, the secretary will turn their standard into a regulation; if not, normal government processes apply and NTIA takes the lead. The standard can be later modified. The secretary must certify technologies that adhere to those standards. Also: "The secretary shall certify only those conforming technologies that are available for licensing on reasonable and nondiscriminatory terms." FACA, a federal sunshine law, does not apply, and an antitrust exemption is included.]
Sec. 108: Enforcement
The provisions of section 1203 and 1204 of title 17, United States Code, shall apply to any violation of this title as if --
(1) a violation of section 101 or 103(a)(1) of this Act were a violation of section 1201 of title 17, United States Code; and
(2) a violation of section 102 or section 103(a)(2) of this Act were a violation of section 1202 of that title.
Sec. 109. Definitions
In this title:
(1) Certified security technology -- The term "certified security technology" means a security technology certified by the Secretary of Commerce under section 105.
(2) Interactive computer service -- The term "interactive computer service" has the meaning given that term in section 230(f) of the Communications Act of 1984 (47 U.S.C. 230(f)).
[Note: According to 47 U.S.C. 230(f), an "interactive computer service" means "any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions."]
(3) Interactive digital device -- The term "interactive digital device" means "any machine, device, product, software, or technology, whether or not included with or as part of some other machine, device, product, software, or technology, that is designed, marketed or used for the primary purpose of, and that is capable of, storing, retrieving, processing, performing, transmitting, receiving, or copying information in digital form."
(4) Secretary -- The term "Secretary" means the Secretary of Commerce [Takes effect at the date of enactment, except for sections that wait for federal standard.]
Title II -- Internet Security Initiatives
[Summary: Creates 25-member federal "Computer Security Partnership Council." Funds NIST computer security program at $50 million starting in FY2001, increasing by $10 million a year through FY2006. Funds computer security training program starting at $15 million in FY2001. Creates federal "computer security awards." Requires NIST to encourage P3P and similar privacy standards]
Penalties summarized (by Declan):
Criminal penalties apply to violations of sec. 102 or 103(a)(2). That includes the "interactive computer service shall store and transmit" without removal section, and the distribute "any copyrighted material or other protected content where the security measure associated with a certified security technology has been removed or altered."
The criminal penalties are: "(1) shall be fined not more than $500,000 or imprisoned for not more than 5 years, or both, for the first offense; and (2) shall be fined not more than $1,000,000 or imprisoned for not more than 10 years, or both, for any subsequent offense." Only someone who violates the law "willfully and for purposes of commercial advantage or private financial gain" can be convicted.
Civil penalties apply to violations of sec. 101 or 103(a)(1). That includes the section talking about how it's unlawful to make systems without security measures, and how nobody may "remove or alter any certified security technology in an interactive digital device."
The civil penalties include injunctions in federal court, actual damages, and statutory damages.
Naturally existing civil and criminal penalties would continue to apply. The No Electronic Theft Act, enacted in December 1997, makes not-for-profit copyright infringement (reaching a certain value) a federal crime.