Kucinich Requests House Judiciary Committee Hearing On Diebold’s Abuses Of Digital Millennium Copyright Act -- Sends Letter to Chairman Sensenbrenner and Ranking Member Conyers

Congressman Dennis J. Kucinich (D-OH), today, sent a letter to the Chairman and the Ranking Member of the House Judiciary Committee requesting that the Committee hold a hearing to investigate abuses of the Digital Millennium Copyright Act (DMCA) by Diebold Inc., one of the nation’s largest electronic voting machine manufacturers. Recently, Diebold has waged an intimidation campaign to repress circulation of employee e-mails that raise concerns about the security of its electronic voting machines. Since early October 2003, Diebold has sent more than a dozen cease-and-desist letters to Internet Service Providers (ISPs) and universities that host websites that either posted Diebold employee e-mails or merely hyperlinked to other websites with the e-mails.

Diebold invoked the DMCA to pressure many ISPs and universities into removing websites and hyperlinks. These cease-and-desist letters were inappropriate. Kucinich states in his letter, "There is a compelling argument that the fair use doctrine precludes copyright liability for posting the e-mails. The archive is predominantly factual and was reproduced to inform the national public debate on election reform, specifically, on the machines used to count our votes. The e-mails do not harm any market of Diebold’s, except in the sense that admitted problems may cause municipal and state purchasers to subject the machines to greater scrutiny. "Furthermore, numerous letters were sent to ISPs whose users only hyperlinked to other sites where the Diebold employee e-mails, were posted. Hyperlinks do not qualify for copyright protection, and their use does not incur copyright liability. In cases where ISPs complied with requests, they have often shut down entire websites for weeks at a time, instead of removing the alleged infringing activity. The safe-harbor driven 10-business-day takedown period can remove non-infringing websites during a critical interval of discussion.

"Diebold’s actions abuse the Digital Millennium Copyright Act, using copyright to suppress speech rather than fulfill the Constitution’s purpose for copyright, to "promote progress." These abuses raise a fundamental conflict with the First Amendment, diminishing the Internet’s tremendous value as a most free medium of expression. Diebold’s actions are representative of a growing body of abuses through which large and powerful parties unfairly intimidate ISPs to remove information those parties do not like. In other examples, the claims are not really about copyright, but about not showing the parties in a negative light, or not allowing consumers to compare prices, or quieting religious critics. Powerful parties should not be permitted to misuse copyright as a tool for limiting bad press and barring access to legitimate consumer information."

Yesterday, Kucinich unveiled a new section on his website at www.house.gov/kucinich to educate the public on the perils of the current electronic voting systems, and Diebold in particular. For a complete copy of the letter please contact Doug Gordon at (202) 225-5871.

QUOTE OF THE DAY ... Attorney General John Ashcroft has said about people who oppose his repressive policies - Senate Judiciary Committee on December 6, 2001 -- "To those who scare peace-loving people with phantoms of lost liberty, my message is this: Your tactics only aid terrorists, for they erode our national unity and diminish our resolve. They give ammunition to America's enemies, and pause to America's friends." That's almost straight out of the constitutional definition of treason, which is punishable by death. Howard Zinn [Terrorism & War, 2002]

NYC DEPT OF PEACE CONFERENCE CALL AND OTHER UPCOMING EVENTS
Conference Call
Wednesday 12/15/04 at 9pm
Phone: 413-200-7075 / Code: 091402
The group will:
1. Welcome newcomers to the call
2. Hear what local activists are doing
3. Review upcoming events
4. Remind everyone to contact their Reps during the Holidays to ask them to co-sponser the new DoP bill scheduled to be re-introduced January, 2005.
5. Report on the progress of our local Board development

Upcoming Events
Marianne Williamson speaking in NYC January 2005! She will be speaking on her new book … “The Gift of Change: Spiritual Principles for A Radically New Life” on Wednesday, January 5, 7:00 pm at Barnes and Noble in Union Square [NYC]. On Sunday, January 23, 2:30 pm she’ll be at Interfaith Spiritual Fellowship, St. Bartholemew's Church, located at Park Avenue at 51st Street. Click for details:
http://rs6.net/tn.jsp?t=c8byszaab.0.figytzaab.cnzci6n6.11&p=http%3A%2F%2F

NYC DOP Meetups are on the 2nd Wednesday of every month at 7pm. Meet for coffee with Ellen Jaedicke, a local activist, and learn about the Department of Peace effort in NYC. To learn more about this monthly event:
http://rs6.net/tn.jsp?t=c8byszaab.0.gigytzaab.cnzci6n6.11&p=http%3A%2F%2Fnyc-dop.com%2Fevents%2Flocal.html

Nonviolent Communication meets on the first Monday of every month in Manhattan. Free Nonviolent Communication Intro Workshop hosted by NYC-CNVC (The New York Council for Nonviolent Communication). To learn more about these ongoing workshops:
http://rs6.net/tn.jsp?t=c8byszaab.0.higytzaab.cnzci6n6.11&p=http%3A%2F%2Fnycnvc.org%2Ffirstmondays.htm

Nonviolence Basic Training
April 1-3, 2005
Learn Basic Training in Nonviolence
The F.O.R. (Fellowship of Reconcilliation) will sponsor a multi-day workshop in April in Manhattan. It is a great opportunity to learn about nonviolent direct action and how to apply it in our ongoing work as activists. To make your reservations call or email: Heather Maxwell 845-358-4601 nv-intern@forusa.org

NYC-Dept of PeaceNew York, New York
peace@nyc-dop.com
http://nyc-dop.com