Declan McCullagh | 1 Sep 23:26 2004

Only one-third of Americans have positive view of Feds

Poll finds government falling in public's esteem
By Amelia Gruber

The public views the federal government less favorably this year than
last, Gallup poll results published Tuesday indicate.

Slightly more than a third of respondents to an early August survey by
The Gallup Organization expressed a "positive" or "somewhat positive"
view of the government. This represents a drop of seven percentage
points from a year ago, when 41 percent of Americans surveyed said
they looked favorably upon the government.

For this year's poll, conducted from Aug. 9 to Aug. 11, Gallup asked a
random sampling of 518 adults to rate their opinion of 25 industries,
including the government, in one of five categories ranging from "very
positive" to "very negative." The survey has a margin of error of up
to five percentage points.

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Declan McCullagh | 1 Sep 23:31 2004

Bill Purdy gets smacked down by federal appeals court [fs]

I've put the opinion here:

It even quotes from a Politech post from July 16, 2002 on p6.



Anti-abortion cybersquatter loses appeal
September 1, 2004, 1:55 PM PDT
By Declan McCullagh 

A federal appeals court on Wednesday said an anti-abortion activist
had violated trademark law by registering a slew of domain names,
including,,,, and

Bill Purdy, who lives in South Saint Paul, Minn., had purchased those
and other domains and used them to point visitors to prolife
commentary and depictions of aborted and dismembered fetuses. Purdy
claims that the companies he targeted promoted abortion.

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Declan McCullagh | 1 Sep 23:34 2004

Garage door opener trumps DMCA, federal court sez [ip]

Judges OK garage door openers in copyright case
Published: September 1, 2004, 11:23 AM PDT
By Declan McCullagh

A federal appeals court has reaffirmed what might seem to be obvious:
replacement garage door openers are legal to sell.

In a case with important implications for the technology industry, the
U.S. Court of Appeals for the Federal Circuit on Tuesday upheld a
lower court decision saying that certain garage door openers cannot be
banned under the Digital Millennium Copyright Act (DMCA).


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Declan McCullagh | 2 Sep 02:00 2004

Whoops! Pentagon censors "right to know" video [ip]

-------- Original Message --------
Subject: 	Pentagon Censors 'Right to Know' Video
Date: 	Wed, 1 Sep 2004 09:12:51 -0400
From: 	Ted Bridis <TBridis <at>>
To: 	Declan McCullagh <declan <at>>

Pentagon Censors 'People's Right to Know,' Video Used to Teach About Public Information

By Ted Bridis
The Associated Press

WASHINGTON Sept. 1, 2004 Ñ The Defense Department spent $70,500 to
produce a Humphrey Bogart-themed video called "The People's Right to
Know" to teach employees to respond to citizen requests for
information. But when it came to showing the tape to the public, the
Pentagon censored some of the footage.

Officials said they blacked out parts of the training video with the
message, "copyrighted material removed for public viewing," because
they were worried the government didn't have legal rights to some
historical footage that was included.

Citing the U.S. Freedom of Information Act, The Associated Press asked
the Pentagon for a copy of the video nearly 18 months ago. The Defense
Department released an edited version of the tape and acknowledged the
irony of censoring a video promoting government openness.

(Continue reading)

Declan McCullagh | 2 Sep 02:34 2004

Another poll: Public thinks Feds knew about pending 9-11 attack...

-------- Original Message --------
Subject: Re: [Politech] Only one-third of Americans have positive view of Feds
Date: Wed, 01 Sep 2004 20:38:47 -0400
From: Ben <bmw <at>>
To: Declan McCullagh <declan <at>>
References: <20040901162654.A21815 <at>>

Maybe there's a relation to this, heh...

...surprising skepticism.

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Declan McCullagh | 7 Sep 18:56 2004

New law review article on whether wardriving is legal [priv]

-------- Original Message --------
Subject: Article on wardriving
Date: Mon, 06 Sep 2004 19:33:39 -0600
From: Patrick S. Ryan <patrick.ryan <at>>
Organization: PSRLaw Firm, LLC
To: declan <at>


I just published a law-review article that considers
wardriving and, more broadly, disclosure policies.  I
conclude that wardriving is legal and that there is an
intriguing movement afoot among "hackers" to form an ethical
code.  I am doing a bit of promotion of my article -- it is
freely available either on SSRN or online at the Virgina
Journal of Law & Technology's site. Here are the details if
you would like to pass it along to Politech readers.

Patrick S. Ryan, "War, Peace, or Stalemate: Wargames,
Wardialing, Wardriving, and the Emerging Market for Hacker
Ethics," Virginia Journal of Law & Technology, Vol. 9, No.
7, Summer 2004, available at



----- End forwarded message -----
(Continue reading)

Declan McCullagh | 7 Sep 18:57 2004

Rep. Ron Paul: Reject a national ID card! [priv]

-------- Original Message --------
Subject: 	FW:
Date: 	Mon, 6 Sep 2004 15:47:48 -0400
From: 	Singleton, Norman <Norman.Singleton <at>>
To: 	'declan <at>' <declan <at>>

please forward to the politech list:

   Reject the National ID Card

Washington politicians are once again seriously considering imposing a
national identification card - and it may well become law before the end
of the 108th Congress. The much-hailed 9/11 Commission report released
in July recommends a federal identification card and, worse, a "larger
network of screening points" inside the United States. Does this mean we
are to have "screening points" inside our country where American
citizens will be required to "show their papers" to government
officials? It certainly sounds that way!

As I have written recently, the 9/11 Commission is nothing more than
ex-government officials and lobbyists advising current government
officials that we need more government for America to be safe. Yet it
was that same government that failed so miserably on September 11, 2001.

Congress has embraced the 9/11 Commission report uncritically since its
release in July. Now Congress is rushing to write each 9/11 Commission
(Continue reading)

Declan McCullagh | 7 Sep 18:59 2004

Ethan Ackerman on DoD censoring video and copyright [ip]

-------- Original Message --------
Subject: RE: [Politech]  Pentagon censors  video [ip] - forgets their 
own rules in doing so.
Date: Wed, 1 Sep 2004 21:49:58 -0400
From: Ethan Ackerman <eackerma <at>>
Reply-To: <eackerma <at>>
To: Declan McCullagh <declan <at>>

Greetings Declan,
for Politech, if you wish.

Defense Federal Acquisition Regulations (DFARS) govern DoD contracting, and
generally require that all contractors either transfer copyright in their
works or grant the govt. an expansive license in the works that includes
rights to redistribute or re-use.

(Software is one of several exceptions, which is why those few people who
actually read clickwrap license sometimes see language about
'notwithstanding DFARS regulation xxx.yy para. zz'...)

So what it sounds like is the Army attorney hasn't thought yet of its own
acquisitions regulations, is seizing on a convenient obfuscating
opportunity, or this is an example of govt. admitting it didn't follow its
own procurement rules...

(good DFARS licensing explanation, if only the links would work, at: )

DOJ's previous advice on how copyright law is generally NOT a reason to deny
(Continue reading)

Declan McCullagh | 7 Sep 19:00 2004

CSIS chart on open source laws around the world [ip]

-------- Original Message --------
Subject: CSIS Table on Global Open Source Policies
Date: Thu, 2 Sep 2004 10:36:00 -0400
From: Jason Keiber <JKeiber <at>>
To: <declan <at>>


I work at the Center for Strategic and International Studies (CSIS) in
DC, and just put together a rather large chart providing information on
the number and type of Open Source (OS) software policies and
legislation considered by national, regional or local governments around
the world. It looks at whether the policy or legislation mandated the
use of OS, expressed a preference for OS software, encouraged its use or
commissioned research into OS software. We have not included purchasing
decisions (i.e. a government decided to buy OS products). While a
purchase of OS software could indicate a policy decision that has not
been publicly articulated, it could also be simply a decision made on
the basis of price or product.

Anyhow, I think the readers of Politech would find it interesting. It is
a work in progress, and I welcome any feedback to: jkeiber <at> .


Jason Keiber
Research Assistant
(Continue reading)

Declan McCullagh | 7 Sep 19:01 2004

Troy Klyber on circuit split in two DMCA circumvention cases [ip]

-------- Original Message --------
Subject: RE: [Politech] Garage door opener trumps DMCA, federal court 
sez [ip]
Date: Thu, 2 Sep 2004 14:00:33 -0500
From: Klyber, Troy <TKlyber <at>>
To: Declan McCullagh <declan <at>>
CC: Klyber, Troy <TKlyber <at>>


At first glance, the Federal Circuit's construction of section 1201
requires that the plaintiff show that the anticircumvention device
technological enables the user to violate one of the copyright owner's
statutory rights, not just "access" the work.  Putting aside my relative
ignorance of DeCSS, wouldn't such an analysis have changed the outcome
in Reimerdes?  Does DeCSS actually enable a user to infringe the
copyright of the underlying work, or does it merely enable the user to
do acts that are implicitly authorized as a result of the purchase of a
DVD?  In Reimerdes, if memory serves, the district court was not
concerned about whether DeCSS enabled infringement because DeCSS
undeniably enabled "access" to the work.  The Federal Circuit
distinguishes Reimerdes on the facts, but this sure looks like a Circuit
split to me.

Troy B. Klyber
Mayer, Brown, Rowe & Maw LLP
190 South LaSalle Street
Chicago, IL  60603
(Continue reading)