New Congressional Bill Makes DMCA Look Tame

An anonymous reader writes "Representative Lamar Smith is sponsoring the Intellectual Property Protection Act. The new bill is designed to give the Justice Department 'tools to combat IP crime' which which are used to 'quite frankly, fund terrorism activities,' according to Attorney General Alberto Gonzales. Among the provisions is lowering the standards for 'willful copyright violation' and increasing the corresponding prison term to 10 years." More information is also available at publicknowledge.org.

Comments

The definition of terrorism

[scsirob]

Is it me or are people, better yet, politicians forgetting what terrorism really is? Terrorism is spreading fear by inflicing selective pain to force a decision. This kind of bill does exactly that. It inflicts pain on small businesses trying to make a living, and forcing everyone to pay up to the big companies and patent/IP leeches. Probably the same leeches that sponsor this senator..

Let me guess, everyone opposing this bill will be labelled as 'unpatriotic', 'pro-terrorism' etc?!?

Re:Thank you Lamar (What an appropriate name)

[808skeptic]

I wonder if the Bush Administration realizes what its rhetoric sounds like. Copyright infringement = terrorism? Marijuana = terrorism? This is overtly Orwellian doubletalk. I'm not going so far as to say that we're in a police state, but you can justify stronger IP laws without resorting to blaming it (and everything) for terrorism. It's fucking ridiculous.

Re:Thank you Lamar (What an appropriate name)

[reldruH]

Be careful with how loosely you throw around the 1984 references. You never know when Big Brother is watching...

Re:Bought and sold so cheaply

[Whiney Mac Fanboy]

Because when your only choices are between two guys that can be bought and sold so cheaply, that's what you pick.

Sorry - I find that argument quite irritating.

You have plenty of choice. A vote for a third candidate does not throw your vote away - even if that candidate is not elected, an increase in other party's showing sends a message to the incumbrents.

Voter turnout is low for this among other reasons.

Voter turnout is low because of stupidity & apathy. People need to understand that you do not have to get your party voted in to make a difference

Say you're a libertarian (I'm not), you feel that there is no point voting as your candidate will never get elected, but if the candidates percentage of the vote is 1% one year, then 1.2%, then 3%, etc, the major parties will notice that & attempt to make their policies closer to the libertarian (or whatever) ideal.

Knowledge based economy

[Anonymous Coward]

" Permits wiretaps in investigations of copyright crimes, trade secret theft and economic espionage...."

You decide your economy will be 'knowledge' based, rather than making and selling things.
You create a bunch of artificial rights, that concentrate money in the hands of a few companies and remove them from everyone else.
But it doesn't work, your economy becomes uncompetitive, runs up a huge trade deficit. The companies become fat and lazy and the world doesn't buy their shit products.
Your currency can't sustain it and starts to fall.
You have to grab assets, oil! Iraq here we come, oil can save us.
But there isn't enough oil in Iraq and they don't elect the leader you chose for them.
What can you do to make this knowledge based economy work? Try bigger penalties, more spying on the population, 10 years in prison for minor infringement. Force through treaties on trade partners, desparate measures are called for to prevent the USA economy from collapsing the way the Soviet Union did when it spent too much money.

Re:Fund terrorism?

[plankrwf]

Well, obviously open source is going to help terrorits:
imagine all the extra time they need not spend on system administration:
obviously they would have more time actually planning terroristic attacks!

Would be a thought though: give all the Al Quaida's of this world the newest of newest of computers
with all the newest propriotory software, just to see them fail as a terroristic
club seeing that they spend all their time actually getting their systems up and running.
We would see newsitems like:
ThisJustIn: Bin Laden proclaims next suicide hit to occur moments after Vista finally released.

Roel

Anybody else upset.

[Anonymous Coward]

That Red Hat is on the board of directors of some
organisation (SIAA) that supports this bill. I know
I will now be recommending any other linux vendor for
enterprise support.

Now computers will be illegal

[Bomarc]

From the article:

"Smith's measure would expand those civil and criminal restrictions. Instead of merely targeting distribution, the new language says nobody may "make, import, export, obtain control of, or possess" such anticircumvention tools if they may be redistributed to someone else. "

Now one can not make, import, export, obtain control of, or possess computers, as they are the primary tool for anticircumvention. (Copyright infringement). I've always wanted to sell software somewhere, available for download. If someone isn't authorized to download it (and does), contact MS and tell them that they are selling software that violates the DMCA, (by selling software the circumvents copy protection) and to stop selling all copies of Windows.

Re:Amerika

[HuguesT]

Sorry, where did you get this "information" ?

Anyway, the old "new" constitution is dead in the water right now thanks to French and Dutch voters. ATM the EU is seriously annoying Microsoft over its overly militant use of IP to squash competition, whereas we all know how it worked out in the US.

I wouldn't count the old EU out just right now.

These people dont have sense of proportion

[unity100]

Kill a man, you get 20 years in jail. 'Steal' 20 bucks worth of software, you get 10. People should be made pass an iq test before being admitted into congress or legal services. It is apparent that many of the 'lawmakers' do not have any tint of the sense of 'proportionality'.

Re:These people dont have sense of proportion

[ag0ny]

People should be made pass an iq test before being admitted into congress or legal services. It is apparent that many of the 'lawmakers' do not have any tint of the sense of 'proportionality'.

Wrong. They're smart and know very well what they're doing. The problem are the uninformed, uneducated masses who rush to vote for them as soon as any proposed new law has either "terrorism" or "children" attached to it.

They're taking advantage of this, and there's nothing you can do to avoid it, other than informing and educating as many people as you can. Do you think it's a coincidence that the education budget in the US is being cut?

I pity you Americans. Your country is going down the drain.

Re:Thank you Lamar (What an appropriate name)

[ArsenneLupin]

but you can justify stronger IP laws without resorting to blaming it (and everything) for terrorism.

You can. You can resort to blaming it on child pornography instead. Works just as well!

How to control the populace

[Bushcat]

1) Write laws that will catch everyone sometime.
2) Trawl for lawbreakers at your leisure.
3) Pick 'em up when it's suitable.
Someone needs a whack with a cluestick. It's not the way to run a (decent) country.

What causes terrorism

[Shohat]

Not IP , or child porn , lack of prayer or homosexuals .
WarMongering Idiots on one side and Religious Fundamentalist Psychos on the other cause terrorism .
So how about the WMI&RFP restriction Act ?

Why not just get it over and done with...

[Kjella]

...and introdouce this "justice" system and get it over with. Five years, ten years, death penalty... Seems to me that Congress had watch too much TNG and think that'll make the world happy and crime-free.

First age long prison sentences, then "convicted felon", "sex offender"... I'm sure it won't be long before they invent a "pirate registry" too. I read in the recent discussion about kiddie porn about a woman who had been convicted at 10 for "molesting" her younger siblings and had to stay on the sex offenders' registry until she was 37. I call that "fucked for life", why not put a horrified little ten year old girl in the chair while you're at it.

There's always been a good principle in law enforcement that the penalty should fit the crime. In the US, it seems to me that the current idea is "Ok so we got a million criminals and only catch hundred, but we're going to make up for it by making those hundred pay for it." as if that would make things just. That's not justice, that is simply revenge, even if it's incorporated in law. Because you can't reach those you want to reach, you lash out at those few you can. That still doesn't make it just for those that get away nor for those that get caught.

Re:Thank you Lamar (What an appropriate name)

[Elemenope]

For the most part I agree that blaming the congressmen for acts of congress is more politically productive, but I would submit that your view that this is separate from the executive's legislative agenda (and rest assured, it has one) is simplistic at best.

Part of what makes the Republican party so scary (besides the wacko puritan crazies that overran it about 25 years ago) is that it boasts a strong party loyalty amongst members of congress in a system that franly doesn't encourage it. Admittedly there are outliers like Ron Paul in the House and Lincoln Chafee and Olympia Snowe in the Senate but they are truly anomalies in an otherwise placid sea of party line voters. Part of that loyalty comes directly from executive strong-arming, particularly threats of not helping to fundraise for reelection (which can be crippling for a congressman). To say that Bush and his team bear no blame for the legislation coming out of their congressional colleage's collective asses is missing the forest for the trees. Especially when Mr. Gonzales is quoted in TFA as relating this legislative agenda to combatting terrorism. He's an executive officer, no doubt about it.

There is something to be said about politicians being bought and paid for, and particularly with legislation like this the largest pressure comes from industry lobbyists, but when you follow the money it also inevitably leads back to party and president (for the ruling party).

Now, ultimately, you are right in that focusing on Bush takes the attention off of some Members of Congress who richly deserve some democratically-imposed term limits, and because the picture is more complicated than you make it out to be, many of them will slip thorugh the cracks looking cleaner than they ought to. And that is a tragedy.

Personally, I'm looking forward to the immigration debate just dismantling this political regime as many MCs find themselves in a damn'd if ya do/dam'd if ya don't situation. It seems like the first time in a while that the republican stranglehold on the politcal consciences of its own MCs is breaking as they look to their own necks first.

Re:Thank you Lamar (What an appropriate name)

[Bin Naden]

Unless I am mistaken, this is not retorical, it is a clear statement that piracy is being used to fund terrorism

So when is oil becoming illegal?

Re:Thank you Lamar (What an appropriate name)

[NiceGeek]

Still wrong - from the TFA:
"The draft legislation, created by the Bush administration and backed by Rep. Lamar Smith"

note - CREATED BY THE BUSH ADMINISTRATION.

Re:Thank you Lamar (What an appropriate name)

[sy161e]

To quote, 'quite frankly, fund terrorism activities,' according to Attorney General Alberto Gonzales (in reference to copyright infringement).

Attorney General Gonzales was appointed by W. Bush, so it is entirely appropriate attack the Bush administration's doubletalk.

"Terrorism" is the new red scare, where a blanket term applies to anything unpatriotic and antigovernment.

This Law promotes Terrorism

[MasterOfGoingFaster]

It seems to me that the actions of the RIAA against suspected file sharers are an act of terrorism. Demanding payment under the threat of a lawsuit, just because your underage child downloaded music is simply a shakedown. This law will make it much easier and less costly for the RIAA to extort the single mothers, because they don't have to sue any longer - they just threaten to call the cops. That's a pretty efficient process, and greatly increases the cost-to-income ratio. Enough to afford to buy.... Say.... A congressman.

So how do you stop this? Perhaps all the Slashdot readers in Texas could:

1. Call and ask his staff why he wants to send single moms to jail?

2. Then call your local news station and ask why he wants to send single moms to jail?

3. Then call your local newspaper and ask why he wants to send single moms to jail?

Let's see if there's a Slashdot effect on the local media. Three phone calls is all it takes.

http://lamarsmith.house.gov/

Call Rep. Smith at (202) 225-4236

If you're willing to bitch about it, how about makeing one or more phone calls?

From Wikipedia...

[babbling]

Benito Amilcare Andrea Mussolini (29 July 1883 - 28 April 1945) led Italy from 1922 to 1943. He created a Fascist state through the use of state terror and propaganda. Using his charisma, total control of the media, and intimidation of political rivals, he disassembled the existing democratic government system.

... sound familiar?

Re:From Wikipedia...

[whathappenedtomonday]

Well, then we are all save. Since Bush clearly lacks charisma...

I know .. hope you are being sarcastic. Yet, here's how safe we really are:

The 14 Defining Characteristics Of Fascism by Dr. Lawrence Britt

Dr. Lawrence Britt has examined the fascist regimes of Hitler (Germany), Mussolini (Italy), Franco (Spain), Suharto (Indonesia) and several Latin American regimes. Britt found 14-defining characteristics common to each:

1. Powerful and Continuing Nationalism - Fascist regimes tend to make constant use of patriotic mottos, slogans, symbols, songs, and other paraphernalia. Flags are seen everywhere, as are flag symbols on clothing and in public displays.
2. Disdain for the Recognition of Human Rights - Because of fear of enemies and the need for security, the people in fascist regimes are persuaded that human rights can be ignored in certain cases because of "need." The people tend to look the other way or even approve of torture, summary executions, assassinations, long incarcerations of prisoners, etc.
3. Identification of Enemies/Scapegoats as a Unifying Cause - The people are rallied into a unifying patriotic frenzy over the need to eliminate a perceived common threat or foe: racial , ethnic or religious minorities; liberals; communists; socialists, terrorists, etc.
4. Supremacy of the Military - Even when there are widespread domestic problems, the military is given a disproportionate amount of government funding, and the domestic agenda is neglected. Soldiers and military service are glamorized.
5. Rampant Sexism - The governments of fascist nations tend to be almost exclusively male-dominated. Under fascist regimes, traditional gender roles are made more rigid. Divorce, abortion and homosexuality are suppressed and the state is represented as the ultimate guardian of the family institution.
6. Controlled Mass Media - Sometimes to media is directly controlled by the government, but in other cases, the media is indirectly controlled by government regulation, or sympathetic media spokespeople and executives. Censorship, especially in war time, is very common.
7. Obsession with National Security - Fear is used as a motivational tool by the government over the masses.
8. Religion and Government are Intertwined - Governments in fascist nations tend to use the most common religion in the nation as a tool to manipulate public opinion. Religious rhetoric and terminology is common from government leaders, even when the major tenets of the religion are diametrically opposed to the government's policies or actions.
9. Corporate Power is Protected - The industrial and business aristocracy of a fascist nation often are the ones who put the government leaders into power, creating a mutually beneficial business/government relationship and power elite.
10. Labor Power is Suppressed - Because the organizing power of labor is the only real threat to a fascist government, labor unions are either eliminated entirely, or are severely suppressed.
11. Disdain for Intellectuals and the Arts - Fascist nations tend to promote and tolerate open hostility to higher education, and academia. It is not uncommon for professors and other academics to be censored or even arrested. Free expression in the arts and letters is openly attacked.
12. Obsession with Crime and Punishment - Under fascist regimes, the police are given almost limitless power to enforce laws. The people are often willing to overlook police abuses and even forego civil liberties in the name of patriotism. There is often a national police force with virtually unlimited power in fascist nations.
13. Rampant Cronyism and Corruption - Fascist regimes almost always are governed by groups of friends and associates who appoint each other to government positions and use governmental power and authority to protect their friends from accountability. It is not uncommon in fascist regimes for national resources and even treasures to be appropriated or even o

Further...

[CptnHarlock]

In an enormous number of cases, the difference between winning an election and losing it can come down to 1-2% of the voters.

This is an interesting observation which both amuses and depresses me. One may wonder how come the elections in the USA normaly end up this way. Also in Europe we are seing the same tendencies (last Italian election Berlusconi vs Prodi).

Tha answer is that if you give a large group of people two very similar choices, like for example in te Pepsi/Coke chalanges, you end up very close to 50/50 ratios. If you let someone choose between eating a pizza and and a rotten rat - the results are way, way higher. So the "choice" we're given is not a real choice, it's more of a farce and an excuse to call the system a democracy. Thare is a nice saying for this in Swedish: "It's like choosing between Plague and Cholera".

What does this tell us then?
<SARCASM> That two-party politics (USA) is 100% improved one-party politics (USSR)!! </SARCASM>

Cheers... :|

Re:Bought and sold so cheaply

[Aceticon]

Actually the problem runs much more deeply than voter apathy. The main reasons why the same old hands keep getting re-elected even when they are clearly selling custom-made laws to their corporate pals are:
- Gerrymandering - Politicians get to draw the lines of their own electoral districts. It's no surprise then that using information about registered voters they draw the lines in such a way as to maximizing their chances to get re-elected. Latelly they even use computer programs to do that.
- Incumbents have a lote more money to defends their seats than other candidates running for that seat. In the US, the candidate with the biggest advertising campaing is often the winner. This actually creates a perverse incentive for politicians to proposed/approve laws that benefict some companies: the more favours they do when holding office, the bigger the pot they will have when the time comes to defend their seat.

The result was that, in 2004, 95% of incumbents managed to keep their seats. It's hard to believe that only 1 in 20 politicians turned out to not be the best choice to represent their constituency ...

Honestly, seen from the point of view of someone who lives in a country where politicians get elected via proportional voting (Holland), the political system in the US looks far from being a real democracy. Not only do different votes have different weights (a person voting Democrat in an electoral district with 70% registered Republicans - or vice-versa - has precisely ZERO chance of changing the outcome of the vote) but the whole registered voters thing provides countless oportunities for social manipulation.

I've also lived in a country that not so long ago (32 year ago, tomorrow) went from dictatorship to democracy (Portugal) and were members of parliment are elected via electoral districts. This resulted in the same 2 parties alternating with each other as winner of the elections. After some decades of this the end result was:
a) Both parties have pretty much the same policies. In front of the cameras politicians criticise the other party, but in practice both parties do the same things.
b) There was an increase in career politicians. The kind that go to politics for money and power, not because they want to improve the country.
c) A "political class" was born (politicians actually use this expression). They stopped being representatives of their constituents and instead were pretty much just representing themselfs. This can clearly be seen in a number of laws designed to protect/benefict politicians (and lawyers).
d) An environment of unaccountability has installed itself. Those politicians currently in power do their best to cover the backs of those that were in power before them (as in, for example, burying legal investigations into corruption) because they know that when they change places the other ones will do the same for them. (thanks to the free press, at the moment there's a bit of a backslash against corruption)
e) A lot less people vote nowadays. Unless you're voting for one of the two parties that are always in government, you know that your vote counts for little. Voter turnout is now often below 50%, while in the years after the revolution it was more than 70%.

Still, at least there's no gerrymandering or voter registration: parliement seats actual change, even if mostly it's between the same two persons and latelly some young and inovative parties have been slowly growing, even if, thanks to electoral districts, their representation in the parliement is actually only HALF of what they would get in a proportional representation system ...

Re:give me example

[mapkinase]

Thank you for finding this. Did you also actually read the link you provided?

Citing from your link:

Specific examples:
Northern Ireland:

It is unknown how much of the money generated by these counterfeiting operations goes to terrorist groups and how much is retained as criminal profit.

No examples.
Kosovo

It is suspected that funds generated from IPC benefit both criminal organizations and extremist groups.

No examples.
Chechen separatists. Russian officials = unreliable source.
North African radical fundamentalists terrorists in Europe.

Sympathizers and militants of these groups may engage in a range of criminal activity including IPC.

And whole bunch of similar generic handwaving.
Al-Qaeda.

The investigation into a shipment of fake goods from Dubai to Copenhagen, Denmark, suggests that al-Qaeda may have indirectly obtained financing through counterfeit goods.

Basically every software pirate in any Arabic country by definition is an al-Qaeda supporter. (a) he is a counterfieter = bad guy. (b) he is an Arab (which is bad per se) (c) bad + Arab = al-Qaeda.

Hizbullah. Again, modality of language speaks for itself.

Main source of any "terrorist" activity are sympathisers as, by the way, correctly pointed out in the cited Interpol report. Any activity that involves undetected cash could be used. If you want to suppress funding of any illegal activity you have to go to the main root: shadow economy. Every business should be transparent. Countries should adopt rigorous independent auditing procedures for the business operating from their territory.

I suspect that intellectual property rights violations are very minor portion of the support of illegal activities.

Best way to stop RIAA, MPAA and others is very simple: boycott. Do not buy and do not use what they are selling. It will lead to two results (a) you will be no longer a criminal (b) RIAA, etc will have to change.

Re:Amerika

[Xeth]

That which is built decays, that which is loved endures.

The United States Constitution is a wonderful document. It struck a careful balance, and made explicit protection against specific fallacies that seem to be cropping up lately ("You have no constitutional right to X..."). The problem is, nobody seems to give a damn. No matter how cleverly worded it was, it won't make a difference if the people don't read it, understand it, and force the government to abide by it.

Re:Thank you Lamar (What an appropriate name)

[replicant108]

It's been said many times, but it bears repeating:

Child Porn is the root password to the US Constitution.

Terrorism is the alternate password.

Skipping ads would be illigal if this were passed

[Devistater]

Good ole Philips. They musta snuck this in
From the http://www.publicknowledge.org/issues/hr2391 link, it lists all the stuff thats been shoved into this monstrosity. I just spotted this:

"H.R. 4586 The Family Movie Act
Now, the affirmative right to watch and skip parts of the content that a consumer has legally obtained only exists if certain conditions are met: no commercial or promotional ads may be skipped. ... This sets the functionality of the everyday VCR and TiVo on its head."

So now Philips has it all set, they have that patented technology to prevent ad skipping, and this will make it ILLIGAL to skip ads. Nice.

Re:Thank you Lamar (What an appropriate name)

[eric76]

It was introduced by a Congressman.

Yep.

It sure was introduced by a Congressman. That doesn't mean that the Congressman wrote the bill.

The President cannot introduce legislation himself. It takes a Congressman to do that.

Even though the Congressman introduced the legislation, the legislation was drafted by the Bush administration.

Ten years of jail time for copyright infringement?

[golodh]

Interesting excerpts from the article:

(1) "The 24-page bill is a far-reaching medley of different proposals cobbled together. One would, for instance, create a new federal crime of just trying to commit copyright infringement. Such willful attempts at piracy, even if they fail, could be punished by up to 10 years in prison."

(2) "Jessica Litman, who teaches copyright law at Wayne State University, views the DMCA expansion as more than just a minor change. "If Sony had decided to stand on its rights and either McAfee or Norton Antivirus had tried to remove the rootkit from my hard drive, we'd all be violating this expanded definition," Litman said."

(3) "copyright holders can impound "records documenting the manufacture, sale or receipt of items involved in" infringements"

(4) "boosts criminal penalties for copyright infringement originally created by the No Electronic Theft Act of 1997 from five years to 10 years (and 10 years to 20 years for subsequent offenses). The NET Act targets noncommercial piracy including posting copyrighted photos, videos or news articles on a Web site if the value exceeds $1,000"

Well ... this starts to look like the laws in good old England last century. Where paupers could be sentenced to things like banishment to the Colonies (or an extensive jail time) for something like stealing an apple.

ad (1) It does seem a bit over the top punishment-wise.

ad (2) Just what we need! Congress has surely got its ear to the ground on this one.

ad (3) Makes sense ... just think of all those weblogs that ISP's are so loath to give up. Grabbing the weblogs and suing people wholesale on basis of it may yet become an important source of revenue for copyright holders.

ad (4) What are the going rates for manslaughter? And for aggravated assault? And for murder? Repeated copyright violation in excess of 1000$ is apparently the moral equivalent of murder and is rated higher than manslaughter or aggravated assault. Interesting point of view. First the War on Drugs and now this. We're going from strength to strength.

Watch the good old US of A wage War on Crime. Copyright violations are so bad for society that they merit firm jail sentences. Bad news perhaps for teenagers who use p2p software, but the good news is that this might be just what's needed to secure our lead in people jailed per 1000 (see http://www.mapsofworld.com/world-top-ten/countries -by-highest-prison-population-rates.html) which is now only threatened by Russia and a few banana republics. We lead the world inthis area (except perhaps for countries that don't release statistics such as North Korea).

Just a thought ... those jails we have are awfully expensive per inmate. Wouldn't it be an idea to give offenders a choice: jail time or a tour of service in Afghanistan or Iraq? To err ... atone for their misdemeanour? Just a thought.

Re:I have an revolutionary sollution

[oDDmON oUT]

It's hardly as simple as you would make it out to be, sir.

Ever burn a mix CD for your SO?

PIRATE!

Ever record something off of internet radio or FM?

PIRATE!

Ever time shift a TV program and bypass the commercials?

PIRATE!

I could go on, but I think you get the point.

It's easy to slap on a label and criminalize some basically innocuous behavior to the benefit of those that already have all the benefits (you did know that corporations enjoy more rights and protections than you, Mr. John Q. Public, right?).

Re:Thank you Lamar (What an appropriate name)

[Daniel Dvorkin]

But Democratic legislators do break away from the party line more often than Republican ones do. This is a simple fact, easily verified by a look at voting records.

Re:Copyright Infringement != Terrorism

[Chowderbags]

That might be good, except that most of what this is directed against is the noncommercial copyright infringer. If they targetted this bill towards those making a profit off the works through sale of the material, then maybe I could understand (except that large scale pirating operations that could help terrorists would almost certainly be done overseas...).

Re:Thank you Lamar (What an appropriate name)

[ichimunki]

It's the classic divide-and-conquer approach that America has been using since Day One. In this case the divide being created is between the artists and their audience. Guess which side wins... Bzzt! Neither. The media corporate execs are the only ones winning in this game (OK, so they do create a few multi-millionaire "artists" that serve the same function as lottery winners: keeping the suckers playing).

The execs are the only ones in a no-lose position. Or at least that was the case before computers and the internet. It's time for a whole new paradigm. But to get there, consumers and artists are going to have to work together... hence the sick beauty of the divide-and-conquer approach. The longer artists and audiences are kept from reaching mutually satisfactory solutions, the longer the media corp execs can line their pockets.

Call Lamar Smith's Office Now! (Number Enclosed)

[verisof]

I just read the bill and was disgusted by what I saw. Like most of us here at Slashdot, I work in the IT field and have had way too many brushes with Homeland Security demanding data they have no right to get just because they want it. Our civil liberties are getting gobbled up and we, as Americans, are letting them do it.

So, everyone on here, PLEASE call Joseph Gibson, Lamar Smith's Chief of Staff at (202) 225-4236. Call him TODAY. He told me that NO ONE had bothered to call them regarding this bill. That I was the FIRST person who had actually talked to him about how heinous some of the provisions are in this bill. Make sure you actually read the Bill before you call so you can make your intelligent objections. Otherwise, we all come across like a bunch of people who just want to rip off IP from other people. And make sure you tell them that you are vehemently opposed to this bill and will raise public awareness about the loss of our Fair Use rights.

I spent a lot of time talking to the Mr. Gibson about the Sony Betamax ruling with regard to Fair Use rights and how Business would have missed out on the multi-billion dollar video industry if they hadn't lost that case. Also, about how creating legislation to keep a monopolistic cartel (RIAA & MPAA) in a position of power is ANTI-free market. (Businesses in a free market have to adapt to survive, I certainly know that I have to play by those rules. . . .)

Other things we can do include:

• Sending emails out to everyone we know to contact the Congressman's office. Let's flood his office with emails, phone calls & letters.
  
• Contact the news desk at your local newspapers and make sure that they are covering this item. It makes for good copy if they actually KNOW about it.
  
• Do anything you make the NON-geeks out there understand the rights they lose with this bill. How would they like it if music ripping software was illegal and they could no longer put the music from their LEGALLY PURCHASED CD's on their iPods?
  
• Also take the time to write a letter. Every one letter represents 1,000 constituents who have the same problems, but just couldn't find the time to write.

Also, please Mod this reply up to make sure that people GET THE MESSAGE. Thanks!!!

Re:Crime & Punishment

[Garse Janacek]

Exactly. It bothers me when people excuse these ridiculous punishments under the justification of "Well, if you choose to break the law then you can't complain about the punishment." Yes you can. A just society should always have punishments appropriate and proportionate to the severity of the crime.

An example of this principle that is often misunderstood in modern times is the Old Testament rule of "An eye for an eye, a tooth for a tooth." This phrase is associated with brutality and revenge, but actually it is a limit on the severity of punishments that for its time (and for most times and places since then, unfortunately) was quite merciful. It explicitly rules out the example you give of executing someone for stealing bread, or even for stealing something much more expensive. By this standard, the penalty for "stealing" copyrighted material should be comparable to the value of the material stolen. The law right now is so far beyond that it's scary.

And there are the other objectors who say "Yes, but if the penalty was that minor then it wouldn't be enough of a disincentive to copyright violators" -- but the primary purpose of just laws is not to serve as a disincentive to bad behavior (let alone that more severe punishments doesn't even correlate directly with less crime, as in your example). Even if, by instituting an instant death sentence for copyright violation, we were able to lower copyright violation to 1% of its current levels, this would not be acceptable, because death is not a proportionate punishment for that crime. Similarly, 10 years in prison, though a good deal more lenient than death, is grossly disproportionate to the offense that will yield it.

Does such a punishment deter crime? Not as much as you'd think. But who cares? The point is that it is an immoral punishment. The ends do not justify the means. People should be punished because of the wrongs that they committed, not as an example to scare other people out of misbehaving. People who break laws are still people, not some "criminal" class that becomes subhuman and is therefore unworthy of justice. And "justice" doesn't just mean "bad things happen to people who break laws." It should mean that those who break laws will receive a punishment appropriate to their specific actions, and it is poor sympathy for fellow human beings to ignore what happens to them because "they broke the law, so they had it coming."

Alright, rant over for now... suffice to say... I agree with you ;)