UCITA WAS PASSED!!! (Part 2)

[Dominus]

The other thread was getting huge & must've been a pain to modem users. Political discussions tend to make things long-winded. I hope this makes things easier.

Old thread:

http://www.sysopt.com/forum/Forum1/HTML/001217.html

[Zonker]

I don't think it was passed into law just yet.

http://www.sjmercury.com/svtech/columns/gillmor/docs/dg080199.htm

Two months ago I warned about the so-called Uniform Computer Information Transactions Act, or UCITA. On Thursday, the National Conference of Commissioners for Uniform State Laws endorsed UCITA, one of the most grossly anti-consumer proposals of recent times.

The endorsement isn't law, but it encourages individual states to pass the draft legislation. States typically do so.

I think everyone needs to let their legislators knowjust what you think about this, and do what you feel comfortable in regards to keeping this sadly mistaken proposals from becoming a law...

[socalgal]

That's right Zonker, it's good you pointed that out again. It hasn't been ratified yet, but it's well on the way. When most states - a majority - do vote for it, then it becoming law generally follows.

That's why it's important for us to jump on this and start contacting these officials!

Thanks for the part 2 Dominus.

[This message has been edited by socalgal (edited 08-01-99).]

[U-96]

Skywalker[TSG] is quite correct about European Law prohibiting unauthorised collection and processing of personal data.
This would include especially stuff of a political, religious or sexual nature.

I quote a small segment from the UK Data Protection Act 1998, which enshrines a general principle of European law created two or three years ago.

for the full text: http://www.open.gov.uk/dpr/eurotalk.htm

INDIVIDUAL'S RIGHTS
INTRODUCTION
The Act gives rights to individuals in respect of personal data held about them by others. The rights are :-

Right of subject access (Sections 7 to 9),
Right to prevent processing likely to cause damage or distress (Section 10),
Right to prevent processing for the purposes of direct marketing (Section 11),
Rights in relation to automated decision-taking (Section 12),
Right to take action for compensation if the individual suffers damage by any contravention of the Act by the data controller (Section 13),
Right to take action to rectify, block, erase or destroy inaccurate data (Section 14), and
Right to make a request to the Commissioner for an assessment to be made as to whether any provision of the Act has been contravened (Section 42 of the Act - see Chapter 7 on Powers & Duties of the Commissioner at paragraph 3).


In my estimation, software disablement would contravene Section 10 - "likely to cause damage" and possibly Section 12 if this action was automated. Under these circumstances, any prosecution or action brought by M$ or Intel in Europe would create serious legal difficulties. Anyone smell a trade war?

As I work in databases and am myself registered under this act as a data processor, we (a) have to specifically request permission for inclusion of individual data (i.e. an opt-in clause) and (b) are prohibited from exchanging sensitive data with countries that do not have reciprocal data protection laws. This includes the USA. In fact, I believe the only countries we CAN exchange with outside Europe are New Zealand and Singapore.

Freedom of information is a two-edged sword.

U-96

[skywalker[TSG]]

thats right U-96 but the law would mean that any sale of these companies products would be illegal in these countries so the thought of a upcomming trade war is not so far away as one can think

[baffled]

I am not knowledgeable about the nitty gritty part of computers (some day hopefully), wouldn't this law give bill especially, some pretty heavy power over the government,doesn't the government use p111, p11 mobiles and celeron 500s,just what kind of power does this guy really have.Or maybe there are exceptions to the rules eh.Just a thought from out there a ways

[KillerBug]

Baffled has a point. What kind of computers does the Pentogon have, or missile bases? What kind of laptop does Bill Clinton own? Perhapse aircraft carriers with Internet Access, or Nuklear Subs? How much power are software companies going to have? And what are you going to do if they decide to hold up a buisiness for $5,000,000? Tell someone about it and have them destroy your stuff, millions of working hours? This cannot contiune. I say that we cut out the useless or repeating comments, put it all on a web site, and send it to som officials. You can cut useless parts of my comments out for the page, just don't edit it top make me look like more of an *** than normal. :-)

[Virus]

I haven't seen much about this on the internet news sites. Dominus, you should send some emails out to www.theregister.co.uk/ (http://www.theregister.co.uk/) , www.news.com (http://www.news.com) and some of the other non-Microsoft infected news sites. The AOL news page and BBS (or whatever they call it) would also be a good place to email/post to.

Also how would this affect software companies whose head office's are located in another country, yet have operations in US? For example Corel, who are located in Canada yet I am sure that have offices (wordperfect) in the US.

This better not spread to Canada, or else i'm going to have to kick some government a**.

If I can have my Linux and Corel. I'll be ok. http://www.sysopt.com/forum/smile.gif

[U-96]

New UCITA stuff (2 Aug) on cNet's www.news.com:

http://www.news.com/News/Item/0,4,39999,00.html

If you live in a state with a sympathetic attorney general, I advise you start lobbying now!

U-96

[Dominus]

I'm thankful for all the positive replies so far, and I'm glad that I've informed so many about this issue. But as for mailing news site, I believe that would be considered jumping the gun at this point. But posting an essay on various BBSes is an excellent idea, and I invite everyone to help me. I'd like to try and put together an Open Letter that everyone can add to if they want to. It'll need to be very organized however, and not something that could be done very well over a Message forum. I'll start putting something together now, and I encourage anyone who wants to add to it to mail me. This may take some time in putting together, but I'm sure the quality of the finished product will be worth it. After it's done, I'll set up an advocacy site on Xoom or something where you can download it & post it wherever you feel it would be appropriate and successful. I'll also add a message board or chat room if possible.

Please don't hesitate to mail me any suggestion that you may have.

[socalgal]

That's great Dominus, as I am sure your writing skills are better than mine!

I also have an inquiry out to the Consumers Union, West Coast Regional Office Senior Attorney, Gail Hillebrand, on how the average person can support opposition of this. This is the same group that publishes the well known Consumer Reports.

What CU is/does, and further info: www.consumersunion.org/aboutcu/about.htm (http://www.consumersunion.org/aboutcu/about.htm)



[This message has been edited by socalgal (edited 08-03-99).]

[socalgal]

edit. double posted.

[This message has been edited by socalgal (edited 08-05-99).]

[socalgal]

I don't want this thread to die.

Dominus, did you get my email?

I'm sending another email to Gail K. Hillebrand of the Consumers Union ... no reply from her as yet.

I encourage everyone to write to these people. They are the advocates of us common folk.
www.consumersunion.org/aboutcu/bios.htm (http://www.consumersunion.org/aboutcu/bios.htm)

[This message has been edited by socalgal (edited 08-05-99).]

[KillerBug]

If anyone has anything they want to post (keep it kind of small), put in in a ZIP file, send it to lkummer1@tampbay.rr.com , and I will make sure it gets on a server with no pop-ups, and fast loading. Also, does anyone have some kind of script? I got a brand new SB-64 as the payment, but I can always put it in my old P2 system.

[socalgal]

OK!! I got some email from Gail Hillebrand, Senior Attorney, Consumers Union today.
Here they are along with links she supplied me. Check the first two links for the body of the context. "A Cautionary Tale" could conceivably happen if this passes.

I encourage everyone to send her your "snail mail" address so she can mail you hard copies of material which can be used to contact our government officials.

----- Original Message -----
From: Hillebrand, Gail <HillGa@consumer.org>
To: 'socalgal' <socalgal001@earthlink.net>
Sent: Friday, August 06, 1999 10:40 AM
Subject: RE: UCITA


I would like to send you some material from my files, in particular a letter
signed by 25 state attorneys general, but I only have it in hard copy. Can
you send me a snail mail address? It is not too early to write to your
state legislators, with a copy to the chair Judiciary Committee (and you can ask your state representative what other
committee in your state a bill on computer software contracts would go
through), describing the reasons for your opposition to the bill.

Are you familiar with the information on UCITA on Cem Kaner's site?
Kaner.com. www.kaner.com/ (http://www.kaner.com/) That would also be a good place to start.

Finally, when I know what state you are in, if I hear it has been introduced
there, I'll try to notify you.

-----------------

The letter from state attorneys general referred to in my email has now been
posted on the web. You can find it in two parts at:

www.2bguide.com/docs/799ags.html (http://www.2bguide.com/docs/799ags.html)

www.2Bguide.com/docs/799ags.html (http://www.2Bguide.com/docs/799ags.html)

www.2Bguide.com/docs/799mags.html (http://www.2Bguide.com/docs/799mags.html)

www.2Bguide.com/docs/799mags.html (http://www.2Bguide.com/docs/799mags.html)

You may have to capitalize the
G in guide to get this address to work. The referenced site is not
affiliated with Consumers Union.

(I have tested the links and they work - socalgal)


~~EDIT: Thanks for your efforts KillerBug!


[This message has been edited by socalgal (edited 08-06-99).]