Anti-P2P lawmaker gets top Senate spot

By Declan McCullagh
http://news.com.com/Anti-P2P+lawmaker+gets+top+Senate+spot/2100-1028_3-56239
75.html

Story last modified Thu Mar 17 15:10:00 PST 2005

Orrin Hatch, the senator who once said the recording industry should be able
to destroy music pirates' PCs, will be in charge of a new Senate panel
responsible for writing copyright laws.

Hatch, a Utah Republican, on Thursday was formally named chairman of the
Senate Intellectual Property subcommittee. It's responsible for overseeing
the U.S. Copyright Office and drafting legislation and treaties relating to
copyright and patent laws.

A few years ago, Hatch was one of the more vocal Washington critics of the
Recording Industry Association of America. He urged the RIAA to be more
flexible in licensing music to online distributors, and even called a
federal appeals court decision against Napster "shortsighted from a policy
perspective."

But when Napster's progeny arose in the form of peer-to-peer networks,
Hatch's political views seemed to flip-flop. Instead of defending novel--and
disruptive--technologies, Hatch became one of their most vocal political
antagonists.

Last year, he and Sen. Patrick Leahy of Vermont introduced the "Induce Act,"
an anti-file-swapping bill that foes said could target products like Apple
Computer's iPod. Leahy is the senior Democrat on Hatch's new subcommittee.

The Induce Act drew stiff opposition from Internet service providers, the
electronics industry, and even some conservative groups that had typically
been Hatch's allies. As a result, it was not enacted last year.

"They had this on the fast track," said Gigi Sohn, president of advocacy
group Public Knowledge. "Then they said, 'OK, let's sit down and try to
negotiate.' My sense is that they've learned their lesson: If you try to
pass legislation that gives Hollywood control over technology, it's going to
fall flat on its face." (Neither Hatch nor Leahy has reintroduced the Induce
Act in the new congressional session that began this year.)

Hatch had been chairman of the Senate Judiciary panel but could not retain
his seat because of term limits. Sen. Arlen Specter, R-Penn., became the
current chairman and created the new subcommittee for Hatch to run.

In 2003, Hatch gained some unwanted notoriety when he suggested during a
hearing that copyright holders should be allowed to remotely destroy the
computers of music pirates. "I'm interested in doing that," Hatch said.
"That may be the only way you can teach someone about copyright...That would
be the ultimate way of making sure" no more copyright is infringed.

A day later, Hatch slightly backpedaled from that statement in a brief press
release saying: "I do not favor extreme remedies--unless no moderate
remedies can be found."

Hatch is also an amateur songwriter of music with titles like "Our Gracious
Lord" and "Climb Inside His Loving Arms."


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