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RIAA Wants Limits On Net Neutrality So ISPs Can Police File Sharing

Posted by Soulskill on from the at-least-they're-consistent dept.

Presto Vivace writes "Reporting for Computer World, Grant Gross writes that the RIAA is asking the FCC not to make the net neutrality rules so strict that they 'would limit broadband providers' [flexibility] to "address" illegal online file sharing.' It seems the RIAA is unclear on the concept of the Fourth Amendment. 'The FCC should not only avoid rules prohibiting ISPs from blocking illegal file trading, but it should actively encourage ISPs to do so, the RIAA said. ... Other groups called on the FCC to stay out of the copyright enforcement business. If ISPs are required to check for copyright infringement, they could interfere with legal online activities, said six digital rights and business groups, including Public Knowledge, the Consumer Electronics Association and the Electronic Frontier Foundation.'"

3 of 173 comments (clear)

  1. Re:4th amendment and the RIAA by wizardforce · · Score: 5, Informative

    There is still debate on which amendments should apply to the states - e.g. the recent 2nd amendment lawsuits against state governments and D.C.

    The 14th amendment says otherwise. Not only is the federal government barred from infringing on the first and second amendments, so are the states.

    --
    Sigs are too short to say anything truly profound so read the above post instead.
  2. Re:4th amendment and the RIAA by mysidia · · Score: 5, Informative

    Yes, but the constitutional ammendments also apply to the government using private entities.

    For example, the government can't require all janitors to search for certain violations and report them directly to the government.

    The government can't legally make an end-run around the first ammendment by hiring private companies to silence a person, jam their signal, or hack into their web host and delete their blog.

    I'm suggesting the FCC requiring or encouraging ISPs to 'monitor' users activities (to determine if they were doing anything illegal) and report to the government, would be equivalent to the government itself participating in that activity...

  3. Re:4th amendment and the RIAA by mysidia · · Score: 5, Informative

    The 4th ammendment says:

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    Note that at no point does the ammendment state that the restriction applies only to governmental entities or actions of the government.

    This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.