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RIAA-Backed Warrantless Search Bill In California
lordvramir writes "If you run a CD or DVD duplication company and you're based in California, you may soon be subject to warrantless searches in order to 'fight piracy.' California Senate Bill 550, introduced by Sen. Alex Padilla (D-Pacoima), has slowly begun making its way through the state legislature as a way to cut down on counterfeit discs, but critics worry that it may open the door to Fourth Amendment violations." This fits in well with other recent moves to neuter the Fourth Amendment.
and water is wet, details at 11
have you seen my sig? there are many others like it but none that are the same
WTF...the Supreme court makes a horrible decision with regard to warrant-less searches.
I believe it was Indiana that just made warrantless searches ok, and you can't defend yourself against them...and now this??
Geez...the police state is gathering steam MUCH faster than I'd expected.
Light travels faster than sound. This is why some people appear bright until you hear them speak.........
than suppressing music and movie piracy? Those individual rights ideas in the constitution that we inherited from the Magna Carta just make that soooooo... difficult.
Excuse me, I have to go wipe up some of that sarcasm that's dripping on the floor here.
Please do not read this sig. Thank you.
I thought the Dems were all about personality andshit. Fuck whoever you want in the ass wherever you want using government condems.
So now they want to fuck everyone in the ass with taxes and no warrent searches.
Had enough Change yet?
That's not the most controversial part of the bill, though. SB550 also has provisions that would allow law enforcement to begin inspecting disc replication plants without a warrant in order to verify that they're complying with the law. These inspections must take place during regular business hours, but if officers find equipment that they suspect is being used for non-legit purposes, it can be seized.
I wonder how the summary somehow left out that these warrentless searches are of commercial disc replication plants.
I would assume that all commercial buildings are subject to warrentless searches to enforce various safety and workplace laws...
Anyway, I don't support any degradation of the 4th amendment, but I don't appreciate the deceptive manipulation of large numbers of people who can be counted on to not read the fucking article either.
Once you reach the point where the police forces are there to enforce the rights and whims of corporations, you might as well accept the fact that you're no longer a democracy.
A lot of these things used to be civil law, but now all of a sudden we're using tax-payer funded agencies to police on behalf of copyright holders.
If people were astonished to realize that the FBI spends most of its cybercrime resources of child pornography ... wait until traditional police forces and government agencies are spending much of their time policing copyright.
This will only get worse.
Lost at C:>. Found at C.
So guess those companies will be leaving California and probably the US altogether.
This sort of thing has been going on for a while. I vaguely recall hearing a few years ago that Montana had a law on the books that made it a crime to resist the police when they tried to do warrantless searches. Someone else might have details.
It's a pretty ingenious way around the unconstitutionality of these searches, too. If you resist, the results of the search will ultimately not be usable, but you'll be arrested and convicted, so it's in your best interest to not resist. And if you don't resist... well, you've just consented to the police searching your house, so whatever the search turns up WILL be usable.
A pretty ingenious way to get around the 4th amendment in practice, indeed. I wonder if SCOTUS ever ruled on the whole thing - although I'll bet clowns like Scalia would claim that it does not technically violate the letter of the law and thus is OK, as usual.
Reps in our fine state tend to pass laws to look good for their constituents knowing that it wont stand up to the legal challenge...assuming a group or person will bring a lawsuit of course. This makes oh so much sense for a state without a dime to its name. Passing stupid and unconstitutional laws is cheap, getting them repealed is very expensive for both the state and its citizens. Watching the state senate at work via stream is about the most painful thing you can do, especially as you write your yearly tax check. Keep up the good work!
Businesses are not people, they don't have any rights against warrantless search.
This is one of the few times on this type of issue where the government isn't overreaching and violating the constitution.
We also already have inspections of other industrys for illegal practices (food industrys, chemical industrys, etc.) So why should replication businesses have any special status.
Ninja Stallman!
But seriously, if this passes and is enforced, then we might as well accept that we're now a fascist state according to Mussolini's definition of it.
I am officially gone from
There is no slippery slope.
There is no slippery slope.
There is no slippery slope.
We have always been at war with East Asia
We have always been at war with East Asia
We have always been at war with East Asia
Service guarantees Citizenship! Questions Guarantee GITMO.... Amerika Uber Alles!
It only takes a couple hundred years to go from tyranny to freedom and then back to tyranny.
I would assume that all commercial buildings are subject to warrentless searches to enforce various safety and workplace laws...
But that's just it - there are exceptions to warrantless searches on grounds such as public safety and worker safety... e.g., health inspections, nursing home inspections, OSHA compliance, etc.
Extending those kinds of warrantless searches to look for potential copyright infringement is not in the same vein. Where is the pressing public necessity that justifies the encroachment on the 4th Amendment? To me, it just sounds like the copyright industries want the taxpayer-funded police to act as their own private security force. What if every industry took that approach? Why not have warrantless searches of research labs in order to make sure there is no patent infringement going on?
"Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
Protests are *already* threats to national security.
Remember Dubya's "free speech zones" that were a mile or more from where he was giving a speech, and the protesters were herded into these areas, nowhere near the media or the president?
Or how the FBI infiltrates even the most innocuous groups that band together to discuss freedoms, rights, and how badly run the government is?
And it doesn't matter which "team" they are playing for, all politicians are about power and money. They are all in the pockets of big corps.
If telephones are outlawed, then only outlaws will have telephones.
and they make evil profits within evil Americas borders
Businesses are not people, they don't have any rights against warrantless search.
This is one of the few times on this type of issue where the government isn't overreaching and violating the constitution.
We also already have inspections of other industrys for illegal practices (food industrys, chemical industrys, etc.) So why should replication businesses have any special status.
Because illegal practices in those other industries can lead to mass death and loss of life. Tainted food could kill consumers, unsafe chemical plants can explode and leave a city sized crater.
Who dies if the copyright cops have to wait to get a warrant as opposed to not getting one?
More Twoson than Cupertino
For decades the Supreme Court has recognized the constitutionality of warrantless administrative inspections of closely regulated businesses with a long tradition of close government supervision. "Certain industries have such a history of government oversight that no reasonable expectation of privacy could exist for a proprietor over the stock of such an enterprise." Marshall v. Barlow's, Inc., 436 U.S. 307, 313 (1978). This has come to be called the Colonnade-Biswell doctrine, after the cases of Colonnade Corp. v. United States and United States v. Biswell. Industries in which warrantless searches have been approved include pawn shops that sell firearms (the Biswell case), liquor stores (the Colonnade case), quarries, and automobile junkyards.
However, even if warrantless searches of CD duplication businesses are allowable as a threshold matter, there are still three important limits on those searches. First, there must be a substantial government interest that informs the regulatory scheme pursuant to which the inspection is made. Second, the warrantless inspections must be necessary to further the regulatory scheme. Third, the statute's inspection program, in terms of the certainty and regularity of its application, must provide a constitutionally adequate substitute for a warrant. In other words, the regulatory statute must perform the two basic functions of a warrant: it must advise the owner of the commercial premises that the search is being made pursuant to the law and has a properly defined scope, and it must limit the discretion of the inspecting officers. See New York v. Burger, 482 US 691, 702-03 (1987).
Here, it's not clear to me that CD duplication businesses are closely regulated businesses with a tradition of close government supervision. It's possible that the copyright laws (particularly the criminal copyright laws) amount to such regulation, but in my opinion it would be a close case. In most cases there is some kind of government licensing regime, and I don't think a license is required to operate a CD duplicating business. But it's important to note the limits on those searches that would still be in place even if they are allowed.
If I operated a business of this kind in California, I'd relocate it to Reno or Vegas in a week. No more unconstitutional searches, and no corporate income tax to boot.
-jcr
The only title of honor that a tyrant can grant is "Enemy of the State."
for the people of this once great country to finally stand up for themselves and assert the power they've always had?
"Stand up for my rights? I'd rather sit down and watch American Idol."
"I disapprove of what you say, but I will defend to the death your right to say it." - Evelyn Beatrice Hall, re Voltaire
... it seems I have a CD burner in my laptop and can be used to manufacture CDs
Lobbyists and corporate owners should be real careful with what they are doing. If you strip enough rights away from citizens and piss off enough people, they will stand up in revolt. I don't give a shit what words are on your piece of paper or what you paid an old fat man on a bench to say. There are more of us than you, even cops and servicemen are citizens. What effects us effects them too, so good luck enforcing it.
Businesses are generally PRIVATE property owned by CITIZENS. Inspections for safety are in the public's interest, it makes sense and even then they cant just barge into sensitive and trade secret areas on a whim. No one from OSHA could force their way into a building through use of force or violence. Police action fishing for copyright compliance is not the same thing at all. Do i really need to write out a long post to explain the difference between safety regulations and criminal law enforcement in a free society?
Good-bye
So, my car was broken into last night. The thief, ate my crackers, took the $2 in meter change, and left the 20 CD's stacked there. So the RIAA is pursuing CD duplication? Not even petty thieves see it worth their effort to steal them at this point. This is so anachronistic it proves how little they understand their own market.
I used to wonder what was so holy about a silent night, now I have a child.
Kittens, and corporate profits.
You don't want to kill kittens, do you?
Lost at C:>. Found at C.
Just one small point. It's not criminal law, it's civil law.
"The enemy is not he who is born beyond our borders, nor he who speaks a language different from our own, but he who, without any right, seeks to strip away the liberty and independence of others." --Enrico Malatesta
The riaa boss's families might go hungry and starve
...before people finally figure out that their basic civil liberties are being eroded? Why are there not marches on Washington over things like this? Has America become so lazy, stupid, and nonchalant that we are going to let this happen? I live in NY, and work with the police everyday at my job. If they tried to come into my house without a warrant, I sure as hell wouldn't let that happen. And I sure as hell wouldn't let it be ok and just go about my business like nothing wrong just happened if they did somehow come in.
The more news I read lately, the more depressed I get about America.
"I hope you know how very lucky you are to know me, because I am so incredibly incredible."
until there's music in the air at all times, there's censorialism.
no wonder it's to be decreed this day that the god given chosen ones' holycost must be extendead until at least 2025, because of our fear, & the # of us, which both are big. disarmament is catching on all over the globe. so we'll clearly be at some advantage, & the rest of the world will continue to bow down, suck up, & just re-fear us in general. it worked for us until it didn't, now it's not our fault if a lot more death & destruction is done because THEY won't listen/give us their resources, even though we need them to keep the dream a lie for another day. when self-importants of our guys get nailed, it's ALWAYS 'former' head..., alleged, unproven blah blah blah. innocent until ,,, unless. terrorific example of regimes run amok.
still waiting? more stand-up talknician routines. more threatening now? will the FSF guys be arrested for sex crimes too? julians, adrians, everybody's at risk, of being arrested, or worse. scary? 13 year old tagged by ss.gov at school for unapproved tweeting. so we're safe from him now. the key to the bells & whistles of just one city is way too much trust to put in one human. our/our planet's fate however, is different?
same old; how many 1000 babys going up in smoke again today? how many 1000's of just folks to be killed or displaced again today? hard to put $$ on that. the cost of constant deception, to our spirit? paying to have ourselves constantly spied on & lied to by freaky self chosen neogod depopulationers? the biblically styled fatal distraction holycost is all encompassing, & never ends while we're still alive, unless we cut them/ourselves off at the wmd. good luck with that, as it's not even a topic anywhere we get to see, although in real life it's happening everywhere as our walking dead weapons peddlers are being uncontracted. you can call this weather if it makes you feel any better. no? read the teepeeleaks etchings.
so, once one lie is 'infactated', the rest becomes just more errant fatal history.
disarm. tell the truth. the sky is not ours to toy with after all?
you call this 'weather'? what with real history racing up to correct
itself, while the chosen one's holycostal life0cider mediots continually
attempt to rewrite it, fortunately, there's still only one version of the
truth, & it's usually not a long story, or a confusing multiple choice
fear raising event.
wouldn't this be a great time to investigate the genuine native elders social & political leadership initiative, which includes genuine history as put forth in the teepeeleaks etchings. the natives still have no words in their language to describe the events following their 'discovery' by us, way back when. they do advise that it's happening again.
who has all the weapons? who is doing MOST of the damage? what are the motives? are our intentions & will as the ones who are supposed to be being represented honestly & accurately, being met? we have no reference to there being ANY public approval for the current mayhem & madness pr firm regime style self chosen neogod rulership we've allowed to develop around us, so we wouldn't have to stop having fun, & doing things that have nothing to do with having to defend from the smoke&mirrors domestic frenetics, of the unproven genocides. rockets exploding in syria fired from Libya? yikes?
the zeus weather weapon is still being used indiscriminately against the population, our rulers' minions are fleeing under fire.
the whore of babylon has been rescued by the native elders. she has the papers of challenge authored by the hymenical council, & is cooperating wholeheartedly with the disarmament mandate.
disarm. thank you.
censorship, or convenience?
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Now the state has the authority to do a hardware refresh just by confiscating yours. Can I forgo the burner on my next PC.
You're right; this is not Democrat vs Republican. It is statist vs libertarian.
If there was EVER any definable difference between Democrat and Republican, it has been gone for a LONG time. To SOME degree there is a remnant of liberal (D) vs conservative (R) difference, but even that is obsolete thinking. It is about the other orthogonal axis. It is about the lure of power vs a willingness to LEAVE THE HELL ALONE. It is about caving in to faceless demonic corporations vs seeing to the rights of the people. It is about tilting at windmills: war on drugs, war on terrorism, war on copyright "infringement."
Isn't a 300GB SATA drive cheaper than 400 CD's?
lyrics like that can cause trouble. after the disarmament things will be different/better, as in not afraid
Does a health inspector need a warrant to search a restaurant or food plant?
Does a BATF inspector need a warrant to search a distillery?
Does a safety inspector need a warrant to search a manufacturing plant?
In all these cases the answer is no. They can freely inspect commercial establishments to ensure the companies are following the law.
Equating this to random searches of houses is FUD. A random search of a private residence is against the Fourth Amendment. The statement by a couple of Sheriffs in Indiana, refuted by their Attorney General, is not evidence that random house to house searches are considered legal. It has never been tested in court and would in all likelihood be thrown out.
The Supreme Court case is also different in the following ways;
1. The police were in pursuit of a drug suspect.
2. The apartment smelled of drugs. A police officer made the connection between the drug suspect and the smell of drugs.
3. They knocked on the door identifying themselves as they are probably required to do.
4. They heard something that sounded like destruction of evidence (an illegal act).
5. They went in.
Should they have waited a half hour for a warrant while the suspect was in another apartment or getting away through another exit? Would they have enough manpower to cordon off every apartment that smelled of drugs? The stupid part about all this is that had the occupants been smart and just sat there the police would have had no "exigent circumstances" with which to enter. Another solution would have been for someone to come to the door and ask for a warrant. In this case the police are attempting to capture a suspected drug dealer in possession of illegal drugs and they had every indication that someone was attempting to destroy the evidence that were looking for. It is not a random search. That ruling is nowhere near as broad as the article is trying to make it.
Does anyone still use those?
Businesses are not people, they don't have any rights against warrantless search.
This is completely false. "The Court long has recognized that the Fourth Amendment's prohibition on unreasonable searches and seizures is applicable to commercial premises, as well as to private homes. An owner or operator of a business thus has an expectation of privacy in commercial property, which society is prepared to consider to be reasonable." New York v. Burger, 482 US 691, 699 (1987).
Businesses are owned by people. The property of a business is private property. Government cannot enter upon private property without a warrant. All of the inspections that you mention require arrangements for inspection, some with penalties if the inspections are denied, but all require some kind of process surrounding the inspection. Not a blanket permit for the police(!) to walk through the business looking for violations of law.
It's so nice to see that California has solved its multi billion dollar budget shortfall and has plenty of time to craft bullshit legislation that is obviously a gimme to the MPAA/RIAA drones that are stuffing their pockets with cash.
Schools are funded, everyone has a job, housing market is stable, health care system is awesome. Right? Nope. But hey, we need to allow no-knock warrants where someone might be committing the heinous act of burning a bunch of DVDs. Clearly that is worthy of felony charges and huge fines. The MPAA & RIAA sure think so.
Hopefully the rest of America doesn't. But Feinstein got her "recording device in theater = felony" bill signed into law. Stuff like this slips right under the radar of the average American, especially when "American Idol" is about to finish up another season. Ugh.
Comment removed based on user account deletion
A slave or citizen-subject is under watch of that administrative body, not a free man.
>>For decades the Supreme Court has recognized the constitutionality of warrantless administrative inspections
I guess the people that sell that stuff will have to have it made at a location not traceable to them. Folly rules!
So... these "discs" is that some kind of new cloud-enabled P2P system to make it easier to download $BLOCKBUSTEROFTHEWEEK ?
http://www.zerohedge.com/article/guest-post-indiana-supreme-court-dispenses-magna-carta-constitution
I got RIAA in my pants.
According to leading medical research, "RIAA in pants" can cause severe skin irritations. Perhaps you'd like an analgesic cream?
Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
Fascists like fascism. Film at 11. SCOTUS ruling against it at 12, revolution at 1 AM if the SCOTUS refuses to rule against something that's unconstitutional by inspection.
Really though, revolution some time in the late 90s. The *IAA have already been lined up against the wall and shot. This is just the action of a twitching corpse. It's the corpse of a raptor mind you, so mind the slashing tail; but it's still a corpse.
For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
I'm a California resident and sent this message to my state senator; district 13 if anyone is curious:
Regarding Senate Bill 550 introduced by Mr. Alex Padilla; I voted for you both in 2004 and 2008 and have been keen to follow your activities in the California Senate. I do not object to the regulation of the counterfeit optical discs; I am a musician and make some of my living using these very duplication services. However I find very troubling Section 7., 21803. The addition to the Business and Professions code seems like a very blatant attempt to allow law enforcement to do less actual work; additionally I find the erosion of 4th amendment protections troubling. If there is cause to believe that a duplication facility is behaving illegally have the follow up work to provide a warrant to search for said causes. This warrantless search nonsense is bullshit. Please excuse my language, but I find the erosion of search protections over the last decade troubling and would like to see this attitude reflected in my elected legislature. Thank you for your time; looking forward to the 2012 election!
Notice that this bill is introduced by a Democrat--the "liberal" party.
You think?
If they truly want to crack down on illegal duplication of CDs and DVDs, they need to look at South East Asia, not South Central LA. Of course that would make it a State Department issue and not a 4th amendment issue, as California doesn't have any jurisdiction over other countries.
Schools are funded, everyone has a job, housing market is stable, health care system is awesome. Right? Nope. But hey, we need to allow no-knock warrants where someone might be committing the heinous act of burning a bunch of DVDs. Clearly that is worthy of felony charges and huge fines. The MPAA & RIAA sure think so.
Of course. From their viewpoint, CD and DVD copying caused the economic collapse.
I wouldn't even be surprised to hear them assert that over their members' media outlets any minute now.
Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
as a way to cut down on counterfeit discs
No your honor, the disks are genuine. I bought them at Office Depot, and here's the receipt.
I think the idea is more geared at what's on the disks, not the disks themselves.
Seven puppies were harmed during the making of this post.
(whispers... police here....)
Ok boys, break the door down....
Not all businesses are corporations, but corporations are people for most purposes in the US (and others) today. Google "corporate personhood" or "legal personality" for more information.
...before people finally figure out that their basic civil liberties are being eroded? Why are there not marches on Washington over things like this? Has America become so lazy, stupid, and nonchalant that we are going to let this happen?
Yup. Looks that way.
By the way, does anyone know who won Dancing with the Stars last night?
True, but then you're on only one piece of media, instead of 400 pieces of media.
"...any equipment that does not stamp the appropriate mark on the discs in question, or any equipment that would make it easy to forge the mark..."
in other words: "any equipment, period."
This makes me want to start up a CD duplicating company just so I can tell them to shove off when they come to my door wanting to search with no warrant.
Why is it that most of the people that I encounter seem to have been shat from the Sphincter of Mediocrity?
Businesses are not people, they don't have any rights against warrantless search.
Oh, so they are run by what? Robots? I didn't realize technology had advanced that far already.
Unless my high school civics class memories are fuzzier than I think, but anyone who is brought up on charges where evidence is collected under this law will have all charges dropped seems how federal law trumps state law.
Of course Alex Padilla has strong motives for authoring bills like this, he's a lobbyist's wet dream. Here are just a few of them:
(Campaign contributions Alex Padilla Has received - not complete)
RECORDING INDUSTRY ASSOCIATION OF AMERICA PAC WASHINGTON DC / 20036-0000ID NUMBER EMPLOYER OCCUPATION943103 AMOUNT TYPE TRANS. DATE FILED DATE TRANS #$1,000.00 INITIAL 10/29/2010 10/29/2010 1539329-C7418
WARNER BROS. ENTERTAINMENT INC. BURBANK CA / 91522-0000ID NUMBER EMPLOYER OCCUPATIONAMOUNT TYPE TRANS. DATE FILED DATE TRANS #$1,100.00 INITIAL 5/14/2010 5/14/2010 1487977-C6994NAME OF CONTRIBUTOR CITY STATE/ZIP
WARNER BROS. ENTERTAINMENT INC. BURBANK CA / 91522-0000ID NUMBER EMPLOYER OCCUPATIONAMOUNT TYPE TRANS. DATE FILED DATE TRANS #$1,400.00 INITIAL 5/14/2010 5/14/2010 1487977-C6993
DISNEY WORLDWIDE SERVICES, INC. BURBANK CA / 91521-0000ID NUMBER EMPLOYER OCCUPATIONAMOUNT TYPE TRANS. DATE FILED DATE TRANS #$100.00 INITIAL 5/14/2010 5/14/2010 1487977-C6992NAME OF CONTRIBUTOR CITY STATE/ZIP
DISNEY WORLDWIDE SERVICES, INC. BURBANK CA / 91521-0000ID NUMBER EMPLOYER OCCUPATIONAMOUNT TYPE TRANS. DATE FILED DATE TRANS #$1,900.00 INITIAL 5/14/2010 5/14/2010 1487977-C6991NAME OF CONTRIBUTOR CITY STATE/ZIP
MOTION PICTURE ASSN. OF AMERICA CA PAC ENCINO CA / 91436-0000ID NUMBER EMPLOYER OCCUPATION901889 AMOUNT TYPE TRANS. DATE FILED DATE TRANS #$100.00 INITIAL 5/14/2010 5/14/2010 1487977-C6990
MOTION PICTURE ASSN. OF AMERICA CA PAC ENCINO CA / 91436-0000ID NUMBER EMPLOYER OCCUPATION901889 AMOUNT TYPE TRANS. DATE FILED DATE TRANS #$900.00 INITIAL 5/14/2010 5/14/2010 1487977-C2047
DISNEY WORLDWIDE SERVICES, INC. MONETARY BURBANK CA/91521ID NUMBER EMPLOYER OCCUPATIONAMOUNT TRANS. DATE FILED_DATE TRANS #
$2,000.00 8/24/2007 3/24/2008 1311371-C4055
SONY PICTURES ENT., INC. MONETARY CULVER CITY CA/90232
ID NUMBER EMPLOYER OCCUPATION
AMOUNT TRANS. DATE FILED_DATE TRANS #
$1,000.00 8/24/2007 3/24/2008 1311371-C4056
MOTION PICTURE ASSN. OF AMERICA CA PAC MONETARY ENCINO CA/91436
ID NUMBER EMPLOYER OCCUPATION
901889
AMOUNT TRANS. DATE FILED_DATE TRANS #
$1,000.00 8/28/2007 3/24/2008 1311371-C4060
PARAMOUNT PICTURES GROUP MONETARY LOS ANGELES CA/90038
ID NUMBER EMPLOYER OCCUPATION
AMOUNT TRANS. DATE FILED_DATE TRANS #
$1,000.00 8/29/2007 3/24/2008 1311371-C4070
"But if you got a warrant, I guess you're gonna come in."
So those are real cops on NYPD Blue? Gosh.
That statutory damages? Remember them? THEY were supposed to be for when the police find an empty warehouse with only a few CD's left unsold.
That's why it's $150k+ per infringement. Because that isn't an unusual profit from such a warehouse worth of CDs to be sold for.
But look at them now: used for individuals.
So what is going to stop them using this to break down YOUR house, does the law say "only a warehouse"?
No.
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