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MPAA Kills California Anti-Pretexting Bill

IAmTheDave writes "A California anti-pretexting bill that got unanimous support in the state senate with a vote of 30-0 was struck down after heavy last-minute lobbying by the MPAA. The bill aimed to make deceptive 'pretexting' (lying) to gain personal information on another person illegal. The MPAA told legislators 'We need to pose as someone other than who we are to stop illegal downloading,' and thus killed the bill when it came up for a final vote. California passed a much narrower bill that 'bans the use of deceit to obtain telephone calling records, and nothing else.' In a final 'think of the children' bid, the Califonia Association of Licensed Investigators also opposed the bill, saying it needed to be able to use pretexting to help find missing children, among other things."

4 of 299 comments (clear)

  1. from 30-0 to 27-33? by yagu · · Score: 5, Insightful

    Seems odd when a committee (in this case, an entire senate) deems a law pragmatic enough it goes up for vote with a unanimous (30-0) sendoff and subsequently because of special interest (MPAA allegedly) the final vote skews not only away from unanimous but actually flips the sentiment (bill loses 27-33).

    Consider the gist of the bill (from the article):

    The bill, SB1666, was written by state Sen. Debra Bowen, and would have barred investigators from making "false, fictitious or fraudulent" statements or representations to obtain private information about an individual, including telephone calling records, Social Security numbers and financial information. Victims would have had the right to sue for damages.

    This means the MPAA and others argued for the right to make "false, fictitious or fraudulent" statements...! Amazing!

    There are legitimate ways for the entertainment industry to obtain data when prosecuting alleged piracy activity. This isn't one of them. So, the practice (pretexting) remains legal and the MPAA prevails in yet another seamy side of big business buying milquetoast government.

    I've lost the ability to record FM on my Creative Zen with my last firmware update... ostensibly, though I can't confirm it because of industry pressure on Creative -- it was one of the features I bought it for.

    The threat continues to loom for providers of excellent technology like TiVo to rein in their features, also ostensibly under pressure.

    The better the technology gets, the less they want us to use it.

  2. Re:Best democracy money can buy by geoffspear · · Score: 5, Funny

    You misspelled "some state". Hope this helps, corn boy.

    --
    Don't blame me; I'm never given mod points.
  3. Re:Best democracy money can buy by hansonc · · Score: 5, Informative

    For those confused, the only state with a Unicameral Legislature (only one house) is Nebraska.

  4. Re:Already exists... by RareButSeriousSideEf · · Score: 5, Insightful

    Damn, I had to blow off Mod points to respond to this, but...

    "Too bad they take it to the other extreme. Zero regulation of businesses, the complete abandonment of any sort of social safety net and privatising everything are just a few of the disagreements that I have with the Libertarian Party."

    The nature of government past and present tends toward eternal scope creep. If Libertarians were to sweep all 3 branches of the US government tomorrow and hold power for a decade, we would still not live in a system that actually *had* zero regulation of businesses, complete abandonment of any sort of social safety net, or total privatization of all that is currently in the civic sphere.

    Despite my heavy Libertarian sympathies, I do believe that some things *belong* in the public sector. The Libertarian philosophy may appear extreme to you, and it may in fact be extreme. However, Democrats and Republicans alike have lost sight of any sort of sane boundaries on what belongs in the public sector. I can't imagine a pure Libertarian philosophy ever really being actualized, but I think an extreme dose of it would bring sobriety and balance to bear against government's inexorable tendency to intrude further and further into what should be the private sphere.

    Think about it - you surely can see extremity of some sort in the Democrat and Republican parties alike, no? But does this country look entirely like an incarnation of the desires of either one of them? No; it's a hodge-podge of policies -- sometimes contradictory -- hailing from all over the political spectrum. So in the end, infusing the system with a bunch of anti-scope-creep politicians would merely introduce some friction to retard the expansion. Like any other party, if they took it too far, populism would push the pendulum of power away from them and things would drift back in the other direction.