Today, Senator Orrin Hatch (R - UT) reportedly will introduce a two-paragraph bill that's also one of the most blatant attempts at copyright controls ever attempted - the INDUCE Act. For those unaware, Hatch is the same genius Senator (and songwriter) who in 2003 wanted to make it legal for the entertainment industry to hack/crack personal computers to "enforce copyrights" -- something that Rep. Berman also proposed in the House (along with indemnifying the entertainment industry for any damages due to errors or mistakes during such authorized 'attacks' on infringers.)
Hatch's latest creation reportedly would make it a crime to "induce" copyright infringement. That seems fairly broad and ridiculously dangerous. Even worse, the law also targets those who "counsel" infringers. Does this mean those who allegedly infringe on copyrights, even for legal fair use reasons, no longer have a right to legal representation? As I read this short bill, "induce" clearly is another vague term for "material support" - the latter being the subject of much controversy at the moment in our legal system as several alleged terror cases are being deliberated. The very term is a convenient catch-all for those seeking to maximize the number of charges and/or cases brought before the courts. Perhaps Hatch should call these alleged infringers what he really wants to call them: "Enemy Combatants [in Cyberspace]" -- and we should consider this proposed law as the Kafka-esque legal trickery already used in the so-called "Global War on Terror" being applied in the so-called "Global War on File-Sharing." Consider the possible future: Imagine the Attorney General's press conference where he announces that Johnnie Honors Student Teenager is declared an "Enemy Pirater" and that because of the INDUCE ACT, his parents (who pay for the cable modem line that allegedly provided 'material support' to this supposed infringement) are also in deep legal trouble. As would be the maker of any P2P software Johnnie was using. And any lawyer providing legal counsel to Johnnie, his parents, or the P2P software vendor. And so on - perhaps even including an OS vendor or even the inventors of certain network protocols, since they all contributed directly or indirectly to Johnnie's alleged infringement activities. Am I being hysterical or paranoid? Perhaps. We'll have to see what happens. But Hollywood certainly seems to be taking a lesson from the Bush Administration's no-holds-barred conduct of the so-called "Global War on Terror." How very convenient for them. And yet how very troubling for everyone else. Incidentally, Hatch's bill is the latest attempt to demonize P2P technologies -- this time, by equating it with child exploitation. In another demonstration of the Orwellian Newspeak practice of naming "bad-for-us" bills (e.g., USA PATRIOT and RAVE Acts, etc) this act is named INDUCE, and short for the "Inducement Devolves into Unlawful Child Exploitation Act of 2004." Obviously, the goal here is to make it very uncomfortable for anyone to vote/be against this act, since EVERYONE wants to protect children, right? So, if you're against this act, you're against protecting kids. That's how Washington works -- bury something controversial deep inside an otherwise feel-good-sounding bill, make it politically hard to vote against, and sneak it through Congress. Not to mention, according to DICTIONARY.COM, the title of the bill doesn't even make sense. What drunken staffer (or Senator) dreamt this one up, anyway? Some preliminary reading material EFF Heads-Up on the Bill http://www.eff.org/deeplinks/archives/001631.php The Text of the Bill (PDF) http://scrawford.net/courses/INDUCE%20Act%20of%202004.pdf Analysis by Ernst Miller http://www.corante.com/copyfight/archives/004408.html Hatch's 2003 desire to damage/destroy infringer's computers http://www.sanluisobispo.com/mld/sanluisobispo/news/politics/6109505.htm Rep. Berman's desire to legitimize Hollywood's Hacking Activities http://news.com.com/2100-1023-946316.html This should be interesting. Now on to my morning coffee... -rick Infowarrior.org -- You are a subscribed member of the infowarrior list. Visit www.infowarrior.org for list information or to unsubscribe. This message may be redistributed freely in its entirety. Any and all copyrights appearing in list messages are maintained by their respective owners.
