more on good set of questions -- Antipiracy bill targets technology

[David Farber <dave () farber net>]

Begin forwarded message:

From: DV Henkel-Wallace <gumby () henkel-wallace org>
Date: June 20, 2004 3:43:49 AM EDT
To: dave () farber net
Subject: Re: [IP] Antipiracy bill targets technology

On 19 Jun 2004, at 09:31, David Farber wrote:
> From: EEkid () aol com
>
> Antipiracy bill targets technology
>
>  Originally, the Induce Act was scheduled to be introduced Thursday by 
> Sen. Orrin Hatch, R-Utah, but the Senate Judiciary Committee confirmed 
> at the end of the day that the bill had been delayed. A representative 
> of Senate Majority Leader Bill Frist, a probable co-sponsor of the 
> legislation, said the Induce Act would be introduced "sometime next 
> week," a delay that one technology lobbyist attributed to opposition 
> to the measure.

It's hard for me the layman to understand the level of risk here 
(although we should actively oppose this bill).  But if this is coming 
out of committee now, and there isn't already a corresponding bill in 
the House, is there really time to enact a law before congress adjourns 
for the election?


Another interesting point about this bill:  it proposes to criminalize 
"counseling" someone about violating a copyright.  That seems clearly 
and unambiguously a first amendment violation (as opposed to 
"inducing", which is also called out and perhaps may be more easily 
criminalized) that would be struck down by the courts.  So what's the 
deal?  Is there a kind of modern-day publicity angle: if your law is 
part of a high-profile court case then you hope to get your name in the 
papers?  Or if the courts strike down a sliver of your law  you hope 
that people will take that to mean that the rest has been endorsed?


VCRs are not going to be outlawed.  Is this bill really a clear and 
present danger, or is it just posturing by Orrin Hatch for his 
investors, err, supporters?

-d

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