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H.R. 4279 Would Establish Federal IP Cops

MrSnivvel writes "H.R. 4279, Prioritizing Resources and Organization for Intellectual Property Act of 2008, is gaining momentum in Congress. It passed the House a few days back. It would allow the Feds to seize hardware that has even one file coming from 'dubious origins,' e.g. downloaded from P2P. If passed into law, the bill would establish an Intellectual Property Enforcement Division within the office of the Deputy Attorney General. Rep. John Conyers says the goal is to 'prioritize intellectual property protection to the highest level of our government.'"

24 of 686 comments (clear)

  1. hehehehehe by apodyopsis · · Score: 5, Funny

    hehehehehe,

    I'm so glad I live in the UK! Oh wait....

    "I want this country to realize that we stand on the edge of oblivion! I want every man, woman and child to understand how close we are to chaos! I want everyone to remember why they need us!"

  2. Watch out WoWers! by aussie_a · · Score: 5, Insightful

    It would allow the Feds to seize hardware that has even one file coming from 'dubious origins,' e.g. downloaded from P2P

    So if a computer has anything they got from p2p, then the cops can confiscate their computers? So if, say, a cop doesn't like someone's politics, ethnicity, race, sexuality or gender and that cop knows the person plays WoW, they can confiscate the person's computer with no possible recourse for the victim? Sure a charge won't come from it, but they get to make life annoying for that person.
    1. Re:Watch out WoWers! by Jesus_666 · · Score: 5, Interesting

      Hmm. If I lived in the States I'd think about going "thin" client. Have all data on a remote server somewhere in Sweden; the local machine is a client with nothing but a barebones OS and an obscene amount of RAM/volatile storage (something on the order of 16-32 GiB). The local machine connects to the server, downloads everything you currently want to work with onto a ramdisk and then does everything from there. Should the police seize the machine they won't find anything but the OS. Use an OS that supports encrypted RAM for additional ease of mind.

      Yes, it's ridiculous, but I wouldn't put meningful data on a machine that sits in the USA. The country simply isn't trustworthy enough.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    2. Re:Watch out WoWers! by Gazzonyx · · Score: 5, Funny

      Sure, but first they'll have to pry it from my cold, dead, hands.

      --

      If I mod you up, it doesn't necessarily mean I agree with what you've said, sorry.

  3. IP is the most important issue facing us in the US by Jackie_Chan_Fan · · Score: 5, Funny

    It is true. IP is the most important issue facing us in America. We have solved all of our problems. The oil crisis is solved, healthcare rates are affordable and healthcare service is impeccable. Its so nice to see that we really do not need alternative energy and that our economy is providing everyone a comfortable life style where only a single parent can work while the other parent raises the children. Education is more solid than ever. We are raising a nation of math wizards capable of programming in asm on the spot. Our government is finally loyal to the American citizen and corruption has been eradicated.

    NOW.. we can finally tackle the issue of downloading music and movies illegally, and impose death on those that do.

    I'm proud to be an American today. So proud.

  4. So... by Kuroji · · Score: 5, Insightful

    How do you verify that a file is or is not pirated, exactly? And whatever happened to 'innocent until proven guilty'?

    For that matter, do those reps think that this will make law enforcement give one whit about people stealing albums? They already have enough to deal with in terms of real crime, and they're going to utterly ignore this anyway.

  5. Re:Well by Ethanol-fueled · · Score: 5, Insightful

    "You sharpen the human appetite to the point where it can split atoms with its desire; you build egos the size of cathedrals; fiber-optically connect the world to every eager impulse; grease even the dullest dreams with these dollar-green, gold-plated fantasies, until every human becomes an aspiring emperor, becomes his own God... and where can you go from there?" -- Al Pacino in The Devil's Advocate
  6. Seizing hardware by Kingston · · Score: 5, Insightful

    It would allow the Feds to seize hardware that has even one file coming from 'dubious origins,' Every time there is a police investigation here in the UK you see them taking computer equipment as part of the investigation. Even if no charges are brought it can be weeks before people get their kit back. Seeing how reliant everyone is on their computers now, it almost looks like it is a punitive measure in itself.
  7. This is not capitalism by MikeRT · · Score: 5, Insightful

    Civil asset forfeiture laws are the antithesis of capitalism. They are a means by which the state can seize any property it wants simply by finding some nebulous connection to a crime. Did you know that YOU don't even have to be the one accused of the crime? They can do all sorts of fun things like seize your car if your friend borrowed it, while you thought he was going to the store to buy a case of beer, and he really used to it to drive to a drug user's house to sell drugs. This sort of thing is entirely Fascist in its economics (you did know that Fascism is a collectivist economic system as well as a political one, right?)

    1. Re:This is not capitalism by arth1 · · Score: 5, Insightful

      Whether you see a big difference between the two parties or not depends on where you yourself are, and your range of view.

      If simplifying politics to a numeric scale from 0-100, and you yourself are at value 80, you may see a huge big difference between 70 and 90. However, someone in, say Europe, who is at 20, will see the two as pretty much the same.

      And yes, compared to the wider spread most European countries enjoy, the two parties are very much alike. It's only when you compare them from an American viewpoint that they become vastly different.
      There's a saying in Europe that the US has only two parties -- the ultra right wings and the republicans. It's very apt that the US Democratic party uses blue as its colour -- that's reserved for the conservative in Europe. And the democratic party is further to the right than almost any European conservative party. Heck, Ralph Nader is considered conservative by the standards in other western countries!

      Also, let me remind you that almost every democratic representative voted for the invasion of Iraq and for the USA PATRIOT act. Judging by the actions of congress, I don't think a democratic president would have made much of a difference. The money would have been funnelled into different channels -- instead of going to friends in the oil industry, it might have gone to friends in other industries. But make no mistake, every single US president is bought and paid for by corporations. Including Obama or McCain, whichever one gets elected.

  8. Civil asset forfeiture laws are why I hate lawyers by MikeRT · · Score: 5, Insightful

    Only a lawyer could follow the logic that was used to uphold them. The judges, aka lawyers with power to determine the law's enforcement, ruled that since YOU aren't the one being accused (your property is) YOU have no due process right except to claim your property IFF you can prove that the property really wasn't used in the crime that the government is alleging. Doesn't matter if someone else hijacked your property to do it!

    Any normal human being can look at the logic of civil asset forfeiture laws and realize that it is literally a legitimization of armed robbery by the government.

  9. Re:IP is the most important issue facing us in the by mrbluze · · Score: 5, Interesting

    I'm proud to be an American today. So proud. I admit, us non-US slashdotters do tend to take the piss out of you Americans a fair bit (partly because it's quite fun and very easy), but deep down I care and I'm very sad to see America go so wrong these last couple of decades.

    The knock-on effect on the rest of the first world cannot be denied. When the U.S. comes up with a ding-bat solution to IP like this, then we are all doomed together because it will filter down through international treaties and trade agreements.

    Freeing up IP is essential for making health, education and the energy market cheaper and more universal. In the last 5 to 10 years, first world governments have been 'pulling up the ladder' in this regard rather than opening up to the people. It's almost as though they are anticipating something.

    --
    Do it yourself, because no one else will do it yourself. [beta blockade 10-17 Feb]
  10. Re:IP is the most important issue facing us in the by Eivind · · Score: 5, Funny

    Move to Norway :-)

    1) Oil-crisis ? What crisis ? We export shitload of oil and are steeenking rich as a result.

    2) Healthcare costs money ? Guess so, never saw a bill (see 1) (universal healthcare)

    3) Energy ? We get 95% of our electric power from hydroelectric already, planning to be completely carbon-neutral as a country in a decade or two.

    4) Comfortable lifestyle ? Flipping burgers earns you $12/hour or thereabouts here, and unemployment is like 2% perhaps, so got that pretty much covered. (the main unemployed are -unemployabe- more than unemployed; if you are incapable of showing up at work, the problem ain't with the economy: it's with you!)

    Did I mention we've got hot girls yet ?

  11. Direct violation?? by consonant · · Score: 5, Informative

    Is this not a blatant transgression of the 4th Amendment?? Back to the dark days of the writs of assistance..

    Copyright infringement as a criminal act - that's just wrong. And scary. Too long has this corporate fellatio been going on..

    And as an additional WTF:

    "This is a strong, common sense measure that provides new tools and resources to help protect one of this nation's most important economic engines," says Mitch Bainwol, chairman/CEO of the RIAA.
    Britney Spears/Justin Timberlake/Beyonce/Dude, Where's My Car?/Gigli are the USA's most important economic engines? Or at least, the engine's constituents??

    Goddamn. Just, goddamn.

    p.s: TFA's dated May 6th. Isn't this coming a tad late on /.?
  12. So, basically, we're ALL criminals..... by Stanislav_J · · Score: 5, Insightful

    The question is: who doesn't have something on their computer that infringes copyright in some manner? It's not just the P2P crowd -- they might well share some of their booty with others, maybe even providing tracks on a CD-R to friends who have slow connections, or not enough savvy to use or desire to risk torrents. If you've ripped tracks from someone else's CD, technically you're violating a copyright. (Hell, the RIAA thinks that ripping your own CDs is infringement). How many people have software of dubious origin on their machines, either by design or ignorance? (All those grey market Windows and Photoshop CDs that are ubiquitous on eBay, for example.) For that matter, what about the mass of infringing material on YouTube? Download a clip from last night's American Idol before Fox has it pulled, and now your computer is ours....mwa-ha-ha-ha-ha. Even more damning is that there is hardly a website in existence that doesn't have SOMETHING on it -- a graphic, photo, quote, musical background -- that is, by the strictest standard of the law, an infringement of someone's copyright. Just viewing the website puts those items in your cache -- voila, you are now guilty...please hand over the computer quietly and there won't be any trouble.

    Maybe this is a plot to help balance the budget. Instead of spending money on computers for all the federal agencies, they just seize as many as they need from all us hardened criminals.

    --
    "Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket." -- Eric Hoffer
  13. Re:ideas != property by theheadlessrabbit · · Score: 5, Interesting

    there are many cases in which stealing an idea costs the original owner something. If you can't think of any, then you owe it to yourself to familiarize yourself with the music, publishing, software, and movie industries, to name a few. you are absolutely correct.
    no band could possibly hope to make any money by giving away its music for free and making it back playing live shows. And having songs broadcast over FM radio without royalties being paid will destroy the music industry.

    A book would be impossible to sell without some sort of protection. could you imagine if the #1 best selling book of all time had no sort of copy protection?

    imagine if there was free software. not just free to have, but free to use and modify and re-distribute yourself. That would completly destroy the entire software industry. I predict that if there ever was some sort of free operating system that could be an alternative to windows, it would completly eradicate microsoft's entire business in less than a year.

    The movie industry would be in far better shape if no one moved out west to escape Edison's patents that prevented them from making movies. Disney would be a stronger company if they had to secure permission to use the Brothers Grim stories that their classics are founded on.

    you are right. stealing and sharing ideas can not possibly lead to any sort of good, and it certainly is not profitable in any way shape or form.
    --
    -I only code in BASIC.-
  14. Priorities? by SuperMog2002 · · Score: 5, Insightful

    Shouldn't they be prioritizing protecting the constitution (which forbids unreasonable search and seizure) to the "highest level of our government"

    --
    Sunwalker Dezco for Warchief in 2016
  15. Re:Well by OeLeWaPpErKe · · Score: 5, Informative

    So the democrats in control of the house are basically in Satan's personal employment ?

    Not that I entirely disagree, but this seems a bit strong, even for them.

    Here's the roll call :

    http://www.govtrack.us/congress/vote.xpd?vote=h2008-300

    Here's the (short) list of "No" voters :
    Nay CA-4 Doolittle, John [R]
    Nay TN-2 Duncan, John [R]
    Nay AZ-6 Flake, Jeff [R]
    Nay TX-14 Paul, Ronald [R]
    Nay TX-2 Poe, Ted [R]
    Nay GA-3 Westmoreland, Lynn [R]
    Nay AK-0 Young, Donald [R]
    Nay VA-9 Boucher, Frederick [D]
    Nay OH-10 Kucinich, Dennis [D]
    Nay CA-16 Lofgren, Zoe [D]
    Nay WI-4 Moore, Gwen [D]

    Barack Obama didn't vote, but all the IL guys voted "Aye"

    John McCain didn't vote either, but one (out of 4) of his Arizona colleagues voted "Nay". The democratic candidate for Arizona votes "Aye"

    Thought this was worth mentioning.

  16. Re:ideas != property by Curunir_wolf · · Score: 5, Insightful

    Unless i missed it in there, i don't see any thing in there that grants them more leeway to sieze a person(s) personal computer just because they think they have an idea which might be bad.

    Maybe you missed this part:

    (B) The forfeiture of property under subparagraph (A), including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the procedures set forth in section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853),

    So just like in drug cases, you don't even have to be convicted of a crime - you lose your property based on an accusation. Think of it as a DMCA notice that not only takes down your site, but also has a bunch of jack-booted thugs coming and seizing all your stuff.

    Maybe they will pursue a conviction and maybe not. If you want your stuff back, you have to put up a bond equal to the value of the stuff that was taken, sue the federal government, and prove your innocence. Good luck with that.

    --
    "Somebody has to do something. It's just incredibly pathetic it has to be us."
    --- Jerry Garcia
  17. Re:Well by Anonymous Coward · · Score: 5, Funny

    Pft. Typical! Those lazy senators are always abstaining from these important house votes...

  18. Re:Well by gtall · · Score: 5, Funny

    Errr...just my guess but Obama and McCain didn't vote because this was a House vote and they being senators, decided it didn't involve them? Shame on them....

    Gerry

  19. Re:Well by sm62704 · · Score: 5, Interesting

    Our politics are simple - the US is a theocracy, and the reigning god is mammon. The golden rule is "he who has the gold, rules". Our temple of worship is called a "bank" and Satan's leash, AKA "the necktie", is to us what the cross is to Christians.

    We have the best legislators money can buy.

    No rich powerful man ever goes to prison unless a richer, more powerful man wants him there.

    The corporations run both major parties and the media, so all US media is in effect state-run.

    Our national prayer goes like this:

    Our money, who art in the stock market and commodity futures, hallowed be thy name
    My kingdom come, my will be done on the entire world.
    Give us this day our daily bread, mansions, jewels, fast cars, yachts, and all the trappings of success.
    Forgive nobody, as nobody will forgive us.
    Lead us not into poverty, but deliver us from taxes
    For money is the power and the glory forever.
    let's eat.

    --
    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  20. Re:Well by PachmanP · · Score: 5, Informative

    Good point which means there still may be time!

    Sorry to thread jack, but I think everybody needs to see this and I don't want it lost down the discussion...

    Everybody in the US of A write your senator tonight! This nonsense needs to stop, and maybe a response from the constituents would make them at least think twice in the future. Don't do what I've done in the past and get incensenced and not do anything. Don't whine on a /. write the letter. Maybe it won't do anything, but we should at least put our effort where our mouths are.

    That said try to present a reasoned arguement instead of a rant, or just be short and quick and say you're against it.

    Senate Contact Info to make it even easier!

    --
    You're thinking small. Why miniaturize the laser, when we could instead enlarge the sharks? -John Searle
  21. America -- are we really that free? by soren100 · · Score: 5, Interesting

    Capitalism > Socialism > Fascism > Communism
    (ranged by freedom)

    (I mean here socialism as practiced in most european countries between 1950-2000, if you mean the EU's overwhelming philosophy, then perhaps yes, you're right that it's closer to communism than fascism) In many ways the Socialist Europeans are much more free than the average American. Since education is often free to the individual (and you even get a small stipend by the government to go to school) people get to study for the career they really want, rather than being burdened by massive student loans. The state gets paid back through the higher taxes from the greater income, and the individual gets to pursue the career they really want rather than the one that they can afford to pay for (in terms of education).

    In terms of medical care the Europeans are also much freer, since they get free medical care. Therefore Europeans are not screwed by getting sick when they can't afford health insurance, have had prior diseases like cancer, or their insurance company decides to screw them somehow.

    The much-touted "freedom" of America is more for large corporations and the few people that can write a check for their college tuition. In fact, this article is about large corporations getting their own police force. Do you think this means greater or lesser freedom for the average individual? (Hint: you may soon have federal police knocking on your door for sharing the wrong file) We still haven't even gotten to drug use (legalized in Holland) or sex and nudity (much freer laws in Europe). Sure, they pay alot in taxes, but when you count the cost of health care and education, the tax burden comes out similarly. Americans just get to pay for hugely expensive ($500 billion+) annual defense budgets or hugely expensive ($750 billion+) unnecessary wars or the hugely expensive "War on Drugs" rather than things they actually can use in daily life.