- Congress advanced or passed several bills this week that
would increase penalties for infringing copyright, and outlaw devices and
software that could be used to illegally copy and distribute content. The
legislation would also protect computer users from identity theft and the
spread of spyware.
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- The Senate introduced the Induce Act, which critics say
would ban file-sharing networks and stymie the introduction of any technology
that could be used to copy and distribute copyright work. In addition,
the Senate passed the Pirate Act, which would make it easier for the feds
to go after file swappers. And on Friday, it passed a bill that would throw
anyone caught videotaping a movie in theater into prison for up to three
to 10 years.
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- In the House of Representatives, a committee approved
a bill that would ban the use of spyware to track computer users without
their permission.
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- Technologists and copyright activists were most alarmed
by the Induce Act, backed by Sen. Orrin Hatch (R-Utah), who in the past
five years has received $158,000 in campaign contributions from the television,
movie and music industries, according to the Center for Responsive Politics.
Critics say the bills would make computer and electronic companies think
twice before introducing any device that could conceivably distribute copyright
works. Even existing devices and software -- like iPods and FTP servers
-- could run afoul of the law.
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- "The reality of this is that you're going to have
a world where Hollywood controls technology," said Jason Schultz,
an attorney with the Electronic Frontier Foundation. "If you don't
get Hollywood's approval, no one will fund your project out of fear of
the lawsuits."
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- The bill (PDF), officially titled the Inducing Infringement
of Copyrights Act and co-sponsored by Sen. Patrick Leahy (D-Vermont), would
"allow creative artists to sue corporations that profit by encouraging
children, teenagers and others to commit illegal or criminal acts of copyright
infringement," according to a press release from Hatch's office.
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- "Senators Hatch and Leahy, and a distinguished group
of supporters, have crafted narrowly focused but meaningful legislation,"
said Mitch Bainwol, chief executive of the Recording Industry Association
of America. "This bill places the spotlight squarely on the bad actors
who have hijacked a promising technology for illicit means and ignoble
profits."
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- Schultz said the bill is so broad it would squash rights
and legal precedents that allow people to own copying devices, even if
they could be used for illegal purposes.
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- But the technology industry and Hollywood likely will
fight a big battle, and it's not certain the bill will find enough backing
to become law, analysts said.
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- Here's a rundown of the other bills passed or advanced
this week. ART Act: The Senate unanimously passed the Artists' Rights and
Theft Prevention Act, which would penalize those who surreptitiously record
movies in a movie theater with up to 10 years in prison. The bill -- introduced
by Sens. Dianne Feinstein (D-California) and John Cornyn (R-Texas) -- also
increases penalties for those who illegally distribute films or music before
they are released.
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- "Today, high-quality, yet illegal, copies of copyrighted
material can be and are distributed easily -- and almost instantly -- via
e-mail, peer-to-peer networks and other means to millions of users on a
regular basis," Cornyn said in a statement. "We are now one step
closer to making thefts far more difficult, prosecution of criminals much
easier, and the protection of consumers and artists much stronger."
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- A similar bill was approved by a subcommittee in the
House of Representatives in March.
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- "This is an overreaction to something that's an
internal problem for the Motion Picture Association," Schultz said.
"If their own employees are leaking films onto the Internet, then
they should clean up their own house."
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- Pirate Act: This legislation would make it easier for
the Justice Department to crack down on file swappers.
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- Introduced by Hatch and Leahy, the Pirate Act (officially
called the Protecting Intellectual Rights Against Theft and Expropriation
Act) amends copyright law to allow the attorney general to file civil lawsuits
against people accused of file trading. Currently, the government can only
file criminal infringement cases, which require a higher burden of proof
than civil cases.
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- The Recording Industry Association of America, which
represents the five major music labels, applauded the bill.
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- Critics said the law would make taxpayers foot the bill
for corporate interests' legal woes.
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- "You've got multibillion-dollar corporate industries
who have shown that they can easily sue file sharers and infringers personally,"
said the EFF's Schultz. "With national security concerns at an all-time
high, I would be concerned about distracting federal law enforcement and
diverting their efforts into this area."
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- Identity Theft Act: On Friday, the Senate unanimously
passed the Identity Theft Penalty Enhancement Act, which doles out harsher
penalties for identity thieves.
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- The House passed the bill on Wednesday, which means the
legislation will very likely become law.
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- Spy Act: On Thursday, a congressional committee approved
a bill that would require software makers to notify users before installing
spyware -- programs that monitor a person's behavior online.
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- HR2929, called the Securely Protect Yourself Against
Cyber Trespass Act, or Spy Act, would also impose millions in fines on
those who steal users' identities or log keystrokes, and mandates that
spyware be easy to remove.
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- "I feel that we have fashioned a bill that is strong
enough to protect consumers from spyware-related privacy invasions without
impeding the growth of technology," said Rep. Mary Bono (R-California),
co-sponsor of the bill.
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- - AP and Reuters contributed to this report.
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