PIRATE Act Sneaking Through Congress (Ernest Miller)

C|Net News's Declan McCullagh reports that legislators are trying to sneak the "PIRATE" Act through Congress and the bill may be voted on by the Senate in little more than a week ('Pirate Act' raises civil rights concerns). For those unfamiliar with the Act, it basically allows the Federal government to bring civil copyright infringement lawsuits instead of only criminal copyright infringement cases. Read the bill here: S.2237 Bill Summary and Status.

Why is this bill a bad idea?

• Rent seeking for copyright holders. They don't have to bear the costs of the lawsuit, the government does it for them.
  
  
• Deflects bad publicity from copyright holders. People may feel that lawsuits brought by the government are more legitimate than lawsuits brought by a cartel.
  
  
• Wiretapping. The government can use wiretaps to investigate copyright infringement - something that the RIAA can't do. This means that the government can go after downloaders and can more easily prove their case against uploaders.
  
  
• Double jeopardy (well, not technically, but the principles are similar). The government gives the RIAA a much bigger stick to use. After the government has sued an infringer, the copyright holders can still bring another civil lawsuit for the same infringement for at least for 3 more years.
  
  

Previous Copyfight coverage here: Funding the War on Filesharing.

My analysis here: PIRATE Act Reveals Sen. Hatch as Strange Ally of Pornography Industry and PIRATE Act - Wiretaps for Civil Copyright Infringement?.

Anonymization May Protect Privacy As Government Seeks Data

Hashing techniques borrowed from the world of cryptography may protect personal data as the government seeks information about suspected terrorists, CDT and the Heritage Foundation conclude in a paper issued jointly. In response to terrorism threats, government agencies are seeking access to large commercial databases. Searches on hashed data allow disclosure on the basis of particularized suspicion without giving the government access to entire databases. CDT and the Heritage Foundation urge further research on anonymization, audits and permissioning systems. May 26, 2004 [Center for Democracy and Technology]

FBI's "National Security Letters" Threaten Online Speech...

FBI's "National Security Letters" Threaten Online Speech and Privacy [EFF: Press]

FBI’s “National Security Letters” Threaten Online Speech...

FBI’s “National Security Letters” Threaten Online Speech and Privacy [EFF: Press]

Federal Advisory Committee Urges Privacy Protections for Use of Data Mining Technologies

The Technology and Privacy Advisory Committee (TAPAC) to the Pentagon, originally formed to provide advice on the Total Information Awareness project, has recommended new rules for government data mining projects involving personal data -- rules that would protect both civil liberties and national security. TAPAC's final report was issued in March but has just become publicly available. May 17, 2004 [Center for Democracy and Technology]

House Holds Hearing on CD labeling, DMCA Reform

The House Subcommittee on Commerce, Trade and Consumer Protection held an all-day hearing May 12th on a copyright reform bill proposed by Representative Rick Boucher. The bill would require labeling of CDs that include DRM copy-protection technology. It would also allow manufacturers to sell devices capable of circumventing copy-protection measures for otherwise legal "fair use." Currently, distribution or sale of such devices is illegal under the Digital Millennium Copyright Act. May 13, 2004 [Center for Democracy and Technology]

Congress mulls revisions to DMCA

It's time for all of us to support these efforts by consumer oriented Members of Congress, to roll back the draconian provisions of the DMCA and give some of our rights back.

U.S. legislators take a step toward revising the Digital Millennium Copyright Act, which has attracted extensive criticism over the past six years. [CNET News.com]