MJC
06-26-2004, 08:41 PM
Congress Looks Out for Hollywood
By Katie Dean
Story location: http://www.wired.com/news/politics/0,1283,64005,00.html
02:00 AM Jun. 26, 2004 PT
Congress advanced or passed several bills this week that would increase penalties for infringing copyright, and outlaw devices and software that could be used to illegally copy and distribute content. The legislation would also protect computer users from identity theft and the spread of spyware.
The Senate introduced the Induce Act, which critics say would ban file-sharing networks and stymie the introduction of any technology that could be used to copy and distribute copyright work. In addition, the Senate passed the Pirate Act, which would make it easier for the feds to go after file swappers. And on Friday, it passed a bill that would throw anyone caught videotaping a movie in theater into prison for up to three to 10 years.
In the House of Representatives, a committee approved a bill that would ban the use of spyware to track computer users without their permission.
Technologists and copyright activists were most alarmed by the Induce Act, backed by Sen. Orrin Hatch (R-Utah), who in the past five years has received $158,000 in campaign contributions from the television, movie and music industries, according to the Center for Responsive Politics. Critics say the bills would make computer and electronic companies think twice before introducing any device that could conceivably distribute copyright works. Even existing devices and software -- like iPods and FTP servers -- could run afoul of the law.
"The reality of this is that you're going to have a world where Hollywood controls technology," said Jason Schultz, an attorney with the Electronic Frontier Foundation. "If you don't get Hollywood's approval, no one will fund your project out of fear of the lawsuits."
The bill (PDF), officially titled the Inducing Infringement of Copyrights Act and co-sponsored by Sen. Patrick Leahy (D-Vermont), would "allow creative artists to sue corporations that profit by encouraging children, teenagers and others to commit illegal or criminal acts of copyright infringement," according to a press release from Hatch's office.
"Senators Hatch and Leahy, and a distinguished group of supporters, have crafted narrowly focused but meaningful legislation," said Mitch Bainwol, chief executive of the Recording Industry Association of America. "This bill places the spotlight squarely on the bad actors who have hijacked a promising technology for illicit means and ignoble profits."
Schultz said the bill is so broad it would squash rights and legal precedents that allow people to own copying devices, even if they could be used for illegal purposes.
But the technology industry and Hollywood likely will fight a big battle, and it's not certain the bill will find enough backing to become law, analysts said.
Here's a rundown of the other bills passed or advanced this week.
ART Act: The Senate unanimously passed the Artists' Rights and Theft Prevention Act, which would penalize those who surreptitiously record movies in a movie theater with up to 10 years in prison. The bill -- introduced by Sens. Dianne Feinstein (D-California) and John Cornyn (R-Texas) -- also increases penalties for those who illegally distribute films or music before they are released.
"Today, high-quality, yet illegal, copies of copyrighted material can be and are distributed easily -- and almost instantly -- via e-mail, peer-to-peer networks and other means to millions of users on a regular basis," Cornyn said in a statement. "We are now one step closer to making thefts far more difficult, prosecution of criminals much easier, and the protection of consumers and artists much stronger."
A similar bill was approved by a subcommittee in the House of Representatives in March.
"This is an overreaction to something that's an internal problem for the Motion Picture Association," Schultz said. "If their own employees are leaking films onto the Internet, then they should clean up their own house."
- - -
Pirate Act: This legislation would make it easier for the Justice Department to crack down on file swappers.
Introduced by Hatch and Leahy, the Pirate Act (officially called the Protecting Intellectual Rights Against Theft and Expropriation Act) amends copyright law to allow the attorney general to file civil lawsuits against people accused of file trading. Currently, the government can only file criminal infringement cases, which require a higher burden of proof than civil cases.
The Recording Industry Association of America, which represents the five major music labels, applauded the bill.
Critics said the law would make taxpayers foot the bill for corporate interests' legal woes.
"You've got multibillion-dollar corporate industries who have shown that they can easily sue file sharers and infringers personally," said the EFF's Schultz. "With national security concerns at an all-time high, I would be concerned about distracting federal law enforcement and diverting their efforts into this area."
- - -
Identity Theft Act: On Friday, the Senate unanimously passed the Identity Theft Penalty Enhancement Act, which doles out harsher penalties for identity thieves.
The House passed the bill on Wednesday, which means the legislation will very likely become law.
- - -
Spy Act: On Thursday, a congressional committee approved a bill that would require software makers to notify users before installing spyware -- programs that monitor a person's behavior online.
HR2929, called the Securely Protect Yourself Against Cyber Trespass Act, or Spy Act, would also impose millions in fines on those who steal users' identities or log keystrokes, and mandates that spyware be easy to remove.
"I feel that we have fashioned a bill that is strong enough to protect consumers from spyware-related privacy invasions without impeding the growth of technology," said Rep. Mary Bono (R-California), co-sponsor of the bill
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WTF?! What's next, felonious jaywalking? :rolleyes:
By Katie Dean
Story location: http://www.wired.com/news/politics/0,1283,64005,00.html
02:00 AM Jun. 26, 2004 PT
Congress advanced or passed several bills this week that would increase penalties for infringing copyright, and outlaw devices and software that could be used to illegally copy and distribute content. The legislation would also protect computer users from identity theft and the spread of spyware.
The Senate introduced the Induce Act, which critics say would ban file-sharing networks and stymie the introduction of any technology that could be used to copy and distribute copyright work. In addition, the Senate passed the Pirate Act, which would make it easier for the feds to go after file swappers. And on Friday, it passed a bill that would throw anyone caught videotaping a movie in theater into prison for up to three to 10 years.
In the House of Representatives, a committee approved a bill that would ban the use of spyware to track computer users without their permission.
Technologists and copyright activists were most alarmed by the Induce Act, backed by Sen. Orrin Hatch (R-Utah), who in the past five years has received $158,000 in campaign contributions from the television, movie and music industries, according to the Center for Responsive Politics. Critics say the bills would make computer and electronic companies think twice before introducing any device that could conceivably distribute copyright works. Even existing devices and software -- like iPods and FTP servers -- could run afoul of the law.
"The reality of this is that you're going to have a world where Hollywood controls technology," said Jason Schultz, an attorney with the Electronic Frontier Foundation. "If you don't get Hollywood's approval, no one will fund your project out of fear of the lawsuits."
The bill (PDF), officially titled the Inducing Infringement of Copyrights Act and co-sponsored by Sen. Patrick Leahy (D-Vermont), would "allow creative artists to sue corporations that profit by encouraging children, teenagers and others to commit illegal or criminal acts of copyright infringement," according to a press release from Hatch's office.
"Senators Hatch and Leahy, and a distinguished group of supporters, have crafted narrowly focused but meaningful legislation," said Mitch Bainwol, chief executive of the Recording Industry Association of America. "This bill places the spotlight squarely on the bad actors who have hijacked a promising technology for illicit means and ignoble profits."
Schultz said the bill is so broad it would squash rights and legal precedents that allow people to own copying devices, even if they could be used for illegal purposes.
But the technology industry and Hollywood likely will fight a big battle, and it's not certain the bill will find enough backing to become law, analysts said.
Here's a rundown of the other bills passed or advanced this week.
ART Act: The Senate unanimously passed the Artists' Rights and Theft Prevention Act, which would penalize those who surreptitiously record movies in a movie theater with up to 10 years in prison. The bill -- introduced by Sens. Dianne Feinstein (D-California) and John Cornyn (R-Texas) -- also increases penalties for those who illegally distribute films or music before they are released.
"Today, high-quality, yet illegal, copies of copyrighted material can be and are distributed easily -- and almost instantly -- via e-mail, peer-to-peer networks and other means to millions of users on a regular basis," Cornyn said in a statement. "We are now one step closer to making thefts far more difficult, prosecution of criminals much easier, and the protection of consumers and artists much stronger."
A similar bill was approved by a subcommittee in the House of Representatives in March.
"This is an overreaction to something that's an internal problem for the Motion Picture Association," Schultz said. "If their own employees are leaking films onto the Internet, then they should clean up their own house."
- - -
Pirate Act: This legislation would make it easier for the Justice Department to crack down on file swappers.
Introduced by Hatch and Leahy, the Pirate Act (officially called the Protecting Intellectual Rights Against Theft and Expropriation Act) amends copyright law to allow the attorney general to file civil lawsuits against people accused of file trading. Currently, the government can only file criminal infringement cases, which require a higher burden of proof than civil cases.
The Recording Industry Association of America, which represents the five major music labels, applauded the bill.
Critics said the law would make taxpayers foot the bill for corporate interests' legal woes.
"You've got multibillion-dollar corporate industries who have shown that they can easily sue file sharers and infringers personally," said the EFF's Schultz. "With national security concerns at an all-time high, I would be concerned about distracting federal law enforcement and diverting their efforts into this area."
- - -
Identity Theft Act: On Friday, the Senate unanimously passed the Identity Theft Penalty Enhancement Act, which doles out harsher penalties for identity thieves.
The House passed the bill on Wednesday, which means the legislation will very likely become law.
- - -
Spy Act: On Thursday, a congressional committee approved a bill that would require software makers to notify users before installing spyware -- programs that monitor a person's behavior online.
HR2929, called the Securely Protect Yourself Against Cyber Trespass Act, or Spy Act, would also impose millions in fines on those who steal users' identities or log keystrokes, and mandates that spyware be easy to remove.
"I feel that we have fashioned a bill that is strong enough to protect consumers from spyware-related privacy invasions without impeding the growth of technology," said Rep. Mary Bono (R-California), co-sponsor of the bill
-----------------------------------------------------------
WTF?! What's next, felonious jaywalking? :rolleyes: