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Wired News says two US draft bills are proposing increasing penalties and lowering the burden of proof against the users of file sharing networks. One would allow the US DoJ to take civil action against file sharers on behalf of copyright holders - a fundamental change to the way copyright enforcement works. Senator Orrin Hatch describes peer-to-peer networks as a pornographic conspiracy that uses children as "human shields". Both bills are sponsored by Senators who have received large donations from the entertainment industry.

In addition, on Thursday, Sens. Orrin Hatch (R-Utah) and Patrick Leahy (D-Vermont) introduced a bill that would allow the Justice Department to pursue civil cases against file sharers, again making it easier for law enforcement to punish people trading copyright music over peer-to-peer networks. They dubbed the bill "Protecting Intellectual Rights Against Theft and Expropriation Act of 2004," or the Pirate Act.

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In defending the Pirate Act, Hatch said the operators of P2P networks are running a conspiracy in which they lure children and young people with free music, movies and pornography. With these "human shields," the P2P companies are trying to ransom the entertainment industries into accepting their networks as a distribution channel and source of revenue.

[...]

If the [Closing the P2P loophole in 17.U.S.C. Section 506]draft becomes law, anyone sharing 2,500 or more pieces of content, such as songs or movies, could be fined or thrown in jail. In addition, anyone who distributes content that hasn't been released in wide distribution (for example, pre-release copies of an upcoming movie) also would face the penalties. Even a single file, determined by a judge to be worth more than $10,000, would land the file sharer in prison.

- Wired, Congress Moves to Criminalize P2P.

David Hicks will challenge his detention as an unlawful combatant before the US Supreme Court in April.

The U.S. Supreme Court has agreed to hear the matter of jurisdiction on April 20, said Stephen Kenny, the Australian lawyer for Guantanamo Bay detainee David Hicks.

So far, challenges over the legality of the suspects' detentions have been rejected on the basis that the facility is in Cuba and therefore outside the U.S. courts' jurisdiction, Kenny said.

- AP, Court win for Gitmo detainee Hicks.

Pro-democracy activist Ouyang Yi has been sentenced to two years in prison for publishing an open letter on the internet.

Ouyang, who was sentenced by Chengdu's intermediate people's court on 16 March, wrote an open letter to the Chinese Communist Party Congress in November 2002 asking for a gradual evolution towards greater democracy in the country.

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Ouyang, a teacher aged 36, also created, in July 2002, an Internet site to promote democracy. He posted a number of political articles online, particularly on the Tiananmen Square massacre.

- RSF, Cyberdissident Ouyang Yi sentenced to two years in prison.

The Chinese government has blocked access to all Typepad and blogs.com sites, according to this article. Last week the government blocked access to two Chinese blog sites.

All typepad.com and blogs.com hosted sites are banned in China starting this morning, a week after China has agreed to amend its constitution to respect human rights. This is another move by the Central government to curb free speech and freedom of information on the Internet. This is the first time in two years that China has blocked access to foreign servers that host personal sites.

- Glutter, All Typepad Sites Banned in China.

China last targetted blogs in early 2003, blocking access to blogspot.com sites.

More comments via Joi Ito suggest the block doesn't apply to the main typepad.com domain, but only to hosted subdomains.

Zanzibar's government has increased the penalties for gay sex to life in prison.

The proposed law bans same-sex marriages and sanctions a 25-year jail term for sex between men and a seven-year term for lesbians.

"We have heard that same-sex marriages have taken place here and we want to guard against this trend," Zanzibar's deputy attorney general, Omar Makungu, told the BBC.

- AP, Gay men liable to jail for life in Zanzibar.

Statewatch has an analysis of the new EU anti-terrorism policies, which were accepted yesterday by the Justice Council. Quoting here from the Statewatch summary:

2. However, the analysis also shows that 27 of the proposals have little or nothing to do with tackling terrorism - they deal with crime in general and surveillance.

3. A number of the proposals would introduce the wholesale surveillance of everyone in Europe and could potentially be used for social and political control:

a) through logging all telecommunications (e-mails, phone-calls, mobile-calls, faxes and internet usage;

b) tracking all air travel in and out and within the EU (effectively an EU version of the USA's controversial PNR, CAPPS II and US-VISIT plans);

c) the fingerprinting of nearly everyone in the EU by the introduction of biometric passports and ID cards for citizens and the same for resident third country nationals.

- Statewatch, "Scoreboard" on the threats to civil liberties and privacy in EU terrorism plans.

A copy of the EU proposal itself is available here [local copy].

See also the Guardian, EU set to agree sweeping counter-terror policies.

The RIAA plans to issue subpoenas demanding the identities of alleged file sharers at the University of Michigan.

If the subpoenas are “substantively and procedurally valid,” the University will follow the law and release the names of the individuals, [Assistant General Counsel Jack Bernard] said. Subpoenas compel their recipients to release important information for an intended trial. Since RIAA has presumably filed suit against these users, that information is the student’s name.

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The University always disputes subpoenas unless they are valid and will not release information unless the subpoenas pass legal muster, Bernard said.

- Michigan Daily, RIAA will subpoena students.

German police have seized CDs and computers from 342 people accused of publishing Neo Nazi music on file sharing networks.

Police sources said the raids were part of their ongoing investigations into 342 people suspected of posting songs by skinhead bands on music swap sites.

Some of these songs contain explicit lyrics inciting people to attack Jews and immigrants.

Publishing Nazi slogans and materials are crimes punishable by imprisonment under German law.

The recent raids follow a similar operation by German police against neo-Nazi group Combat 18.

- BBC, Germany targets neo-Nazi music.

Three examples today of attempts to legislate technology. First, the EU antitrust decision against Microsoft, which levies a record fine for including a media player in Windows:

Reuters, EU Slaps Record Fine on Microsoft.

Wired, EU Lowers Boom on Microsoft.

Guardian, Record £331m fine for Microsoft.

CNet, Ruling could be key to Microsoft's future, FAQ: What's ahead for Microsoft, Cropped Windows already exists, House letter: Windows issue 'not a concern' for EU, and The remedy vanishes?.

Next, propsals by US senators to regulate RFID tags.

CNet, Tracking tags may get congressional scrutiny.

And finally, a US bill proposes a ban on spyware.. just as soon as they figure out what it is.

CNet, Senators seek to define, then ban, spyware.

A new Italian bill proposes government regulation of Mosques, describing them as terrorist recruitment centers.

Under the law, requests to build or open mosques and their method of finance would be assessed by local authorities and put to a local referendum.

Federico Bricolo of the Northern League, a key member of Mr Berlusconi's coalition, outlined the proposals yesterday.

He said that mosques in Italy "aren't simple places of prayer" but sometimes serve as "centres of recruitment for terrorists and for propagation of hatred for the West". The proposal comes amid growing fears that Islamic terrorists are plotting attacks in Europe.

- AP, Italian MPs plan control of new mosques.

The US government is planning to screen rail passengers and luggage, according to Fox News.

The government this spring will begin testing a way to screen rail passengers and their luggage to see if it can quickly and accurately detect security risks as part of an effort to improve railway security.

Homeland Security Secretary Tom Ridge announced the project on Monday as he outlined several ideas to improve rail security. After the March 11 railway bombings in Madrid, the administration and Congress want to make sure that terrorists don't attack the U.S. rail system.

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"We think this program will provide the department with an opportunity to test new technologies and screening concepts that could be used to deploy targeted screening in high-threat areas or in response to specific intelligence," Ridge said.

- Fox News, Biden Proposes Upgrades To Rail Security.

The RIAA has launched 532 new lawsuits against as-yet unidentified users of file sharing networks.

The trade association said Tuesday that it sued an additional 532 anonymous individuals, including 89 people at 21 separate universities. This is the third round of suits since the RIAA was forced by the courts to file suits without first using subpoenas to learn the alleged file swappers' true identities.

- CNet, New RIAA file-swapping suits filed.

AAP reports on a new Australian bill that would increase law enforcement surveillance powers to include data interception, video surveillance and the use of tracking devices. The powers would extend to agencies outside the Federal Police, including fisheries officers(!). Warrants would not be required under many circumstances.

The government's Surveillance Devices Bill 2004 allows police investigating crimes under commonwealth laws to use optical, data and tracking surveillance devices.

Currently, they are only allowed to use listening devices.

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Police investigating people who fail to declare the import or export of $10,000 or more, people operating a bank accounts using a false name and officers protecting Australia's fisheries will be able to use the devices.

However they will have to get a warrant or authorisation from a senior officer.

Police using tracking devices not involving entering private property or the inside of a suspect's vehicle will only have to obtain permission from a senior officer rather than get a court warrant.

Police will also be able to use devices without obtaining a warrant in emergency situations such as terrorism, serious drug offences and if there is an imminent threat to a person's safety.

- AAP, Police to get more spy devices.

The text of the bill is available here [local copy, plain text].

This Guardian article says South Korean police have vowed to block web searches for the word "suicide", following an apparent online suicide pact. They don't elaborate on how - or why.

The victims came from different parts of the country and had been in contact via email and mobile phone, leading the police to believe they had agreed to die together.

[...]

Police in South Korea say they are determined to close down all suicide websites and to eliminate the word "suicide" from search engines for portal sites.

- Guardian, Koreans made online suicide pact.

10 Downing St says the EU Justice Council has agreed to all UK anti-terrorism proposals, including communications data retention standards.

The Council:

agreed to establish new common standards for retention of communications data;

agreed to implement proposals to improve the exchange of data between countries, for example on lost and stolen passports; and

tasked EU High Representative for Common Foreign and Security policy, Javier Solana, to bring forward proposals to make better use of intelligence across the EU within six months.

- 10 Downing Street, EU agrees UK anti-terror plans.