Copyright bill boosts penalties, creates new agency

In the aftermath of the $222,000 jury verdict that the Recording Industry Association of America recently won against a Minnesota woman who shared 24 songs on Kazaa, the U.S. Congress is preparing to amend copyright law.

Politicians want to increase penalties for copyright infringement.

It's no joke. Top Democrats and Republicans in the U.S. House of Representatives on Wednesday introduced a sweeping 69-page bill that ratchets up civil penalties for copyright infringement, boosts criminal enforcement, and even creates a new federal agency charged with bringing about a national and international copyright crackdown.

"By providing additional resources for enforcement of intellectual property, we ensure that innovation and creativity will continue to prosper in our society," Judiciary Committee Chairman John Conyers (D-Mich) said in a statement.

The legislation, called the Prioritizing Resources and Organization for Intellectual Property Act, or Pro-IP Act, is throughly bipartisan. The top Republican, Lamar Smith of Texas, on the Judiciary committee is a sponsor. So is Howard Berman (D-Calif.), the chair of the subcommittee that writes copyright law, and Adam Schiff (D-Calif.) and Bob Goodlatte (R-Va.).

The Motion Picture Association of America, which has long championed stiffer copyright laws such as this fall's legislation aimed at file trading at universities, applauded the Pro-IP Act as well.

"I believe that the American business community can speak in one voice today in support of these legislative efforts to protect intellectual property," MPAA Chairman Dan Glickman said in a statement. "I am pleased to see a concerted effort by Congress to address this growing problem, and the MPAA looks forward to working with congressional leaders in the weeks to come."

Here are some of the major sections of the Pro-IP Act:

* Fines in copyright cases dealing with compilations would be increased. Right now, as in the case of Xoom v. Imageline, the maximum penalty for infringement of one compilation is $30,000. Now courts would be able to make "multiple awards of statutory damages" when compilations are infringed.

* Maximum penalties for repeat copyright offenders would be easier to obtain. Current law says that anyone who "willfully" infringes a copyright by distributing over $1,000 worth of material (including over a peer-to-peer network) is a criminal. The Pro-IP Act keeps the 10-year prison term intact for felonious repeat offenders--but, crucially, deletes the requirement that repeat offenders must have distributed at least 10 copyrighted works within 180 days.

* Any computer or network hardware used to "facilitate" a copyright crime could be seized by the Justice Department and auctioned off. The proceeds would be funneled to the agency's budget. The process is called civil asset forfeiture, and typically the owner does not need to be found guilty of a crime for his property to be taken.

Probably the most extensive part of the Pro-IP Act is its creation of a new federal bureaucracy called the White House Intellectual Property Enforcement Representative, or WHIPER. The head of WHIPER would be appointed by the president and confirmed by the Senate.

WHIPER seems to be modeled after the U.S. Trade Representative, with the head of the new agency bearing the rank of "Ambassador Extraordinary and Plenipotentiary." WHIPER's head is charged with being the president's principal advisor and spokesman for intellectual property matters, as well as identifying countries that don't adequately protect IP rights. It gets to create its own official seal as well, and the WHIPER head appears to be paid as well as the attorney general and secretary of defense ($186,600 in 2007).

One of WHIPER's major tasks would be to create a "Joint Strategic Plan" that, in part, involves "identifying individuals" involved in the "trafficking" of "pirated goods." An annual report is due to Congress by December 31 of each year. In addition, 10 "intellectual property attaches" are intended to be dispatched to embassies around the world.

Finally, the U.S. Justice Department's intellectual property enforcement apparatus would be completely revamped. An "Intellectual Property Enforcement Division" would be created and subsume the IP-related functions that the department's computer crime section in the criminal division currently performs. The new division would receive $25 million per year to start with.

[Fat Drunk and Stupid]

We Finally Get Thought Police

We were suppose to have thought police in 1984.<br /><br />What took so long?

[richto]

How to Avoid them and continue to enjoy free music and films

To avoid this sort of crap, you could just open an account with Relaxx. <a class="jive-link-external" href="https://www.relakks.com/?cid=gb" target="_newWindow">https://www.relakks.com/?cid=gb</a><br /><br />And if you want to buy the music for a reasonable price then you could purchase it from <a class="jive-link-external" href="http://mp3sparks.com/" target="_newWindow">http://mp3sparks.com/</a> - a legal Russian site that under Russian copyright law can charge prices for music that are based on Russian wages. Such music is automatically legally licenced for use in any other country that is a signatory of the Berne copyright convention.

[Had_to_be_said]

Its quite obvious, who the Federal-Government works for...

...And, it sure as hell isnt us (citizens).<br /><br />First off... "our" politicians have obviously been sitting on all kinds of such legislation for months. And now, they are seizing their chance, and they are going to shovel-through all of this CRAP now, at the end of the session (and year)... as fast as they can... so that there is no chance for the American-People to effectively-protest, or stop it (before its too late).<br /><br />And, second... isnt it absolutely amazing how protecting the wildest, wet-dreams, of the richest corporations in America... so clearly, take precedence over: obscene gas-prices... an illegal-war, that 70-percent of the American people, vehemently, oppose... wholesale government-corruption... the violation of citizen-rights... real national-security... or, any other truly-important matter..?<br /><br />If you arent OUTRAGED... You, just, arent paying attention.

[hawkeyeaz1]

Write your Senator and Congressman

n/t

[XRay Specs]

Govt. works for U.S. Constitution

U.S. Constitution mandates Congress to set period of copyright and then enforce it. Technology supports the illegal war, i.e wiretapping, smart bombs, etc. P2P is technology war against U.S. Constitutional Rights of Authors. Technology has no morals.

[feliusrex]

Special interest group creates own government

Why do 'big content' like the MPAA, RIAA, BSA, ect ect get to buy their own branches of government? A copyright enforcement department? Why don't we just create new departments for how we're really governed? Might I suggest: The State of Fear department to make sure everyone is kept terrified of everything (weather, immigrants, toys, the supply of gas). The War on Terrorism Department to make sure that everyone knows we are fighting the terrorist (whomever they might be, no one seems to actually have captured any), the PC Department to make sure no one has their delicate sensibilities offended by creativity or original thought, and coming soon, the Thought Crime department (Mr. Bush will be heading this one after his term as president, since it's easy to prove that he's never had a thought in 8 years.)<br /><br />Or how about this: If the senate and the house (neither deserving of a capital letter) want an IP department, they can fund the budget from their retirement, their 'perks', and their travel expenses.

[RaggieSoft]

I always figured

I had a nasty hunch the Gov worked only for the big guys...hmm, let's see: The real reason for Iraq is the oil, the Draconian Music Cart your A$$ to jail law, and now the RIAA/MPAA doesn't Give a "Blank" law? When I'm rich an famous (which we all know will be never), I'm going to buy my own gov where EVERYTHING is GPL'd ;)

[cidman2001]

Its all in place....

Now the government has found a new way to use those "secret" rooms they built to tap into internet backbones for terrorist surveilance...Big Brother is here already!

[umbrae]

Where is the GOVT when the people need them...

Foreclosures, Lead in Toys, etc. Where are these "agencies" to help consumers killed and driven to bankruptcy by corporations? Instead they are passing laws for civil crimes that do not even require corporations to lift a finger. They can just sit back and relax as tax payer dollars are used so the FBI and special forces can raid the homes of single mothers and college students to squeeze every penny out of consumers. And all of this when they are making record profits.<br /><br />It is just amazing how complacent the US citizen have become. Please contact your representatives and stop this madness.

[Renegade Knight]

Complacent?

Just because we don't have a lobby (other than that voting thing...) and deep pockets doesn't mean we are complacient. Congress just chooses not to listen to all the feedback they get. They are not even operating on the same planet anymore.

[van_Zeller]

Something I don't get

How exactly are the owners of an open wifi connection going to monitor the traffic going through their router? Suppose it's me, here at home, being a good samaritan, allowing people to use their iphones or laptops, say. And one of them is going to "childporn.com", or worse, is uploading some pictures to attach to an email. How will I know and what can I do about it?<br />Also, imagine a hotel lobby in NY, full of people. Suppose you *know* someone is doing something the shouldn't. How do you trace that person? They are all in the same room, with their laptops in their, well, laps. Now what?

[giaconej]

What a surprise

Nice to see our politicians are really just RIAA and MPAA sockpupets.

[goople]

duh

as was repeated warned...the MOFO's who repeatedly glorified/rationalized piracy brought this government &#38;$#% on. I include CNET in the blame for this. <br /><br />Just because you hate the RIAA doesn't mean you have to be so stupid as to invite government intervention by suggesting it's "ok" to violate copyright.

[ralfthedog]

They have lost all rights.

The RIAA/MPAA and any other future ??AAs that exist have lost all moral right to complain. In the past I have been a very vocal anti piracy supporter. Now I could care less who steals what. <br /><br />1. We need to stop purchasing any product of a MPAA/RIAA member.<br /><br />2. Copyright should only be supported for non MPAA/RIAA members. Stealing from an independent artist is immoral.<br /><br />3. Any law maker on the state or federal level who supports any pro MPAA/RIAA legislation should be voted out of office.<br /><br />It is time for people who listen to music and watch movies to start our own PAC. We need to lobby for laws that make any content protection that prevents the user from backing up software or moving it from device to device illegal. <br /><br />The RIAA/MPAA have a great deal of money and political influence. We the users have more. It is time to start using it. <br /><br />EFF.org would be a good place to start.

[jrice]

Outrageous grandstanding

Ironic, that the only two dissents are Republican. This is nothing more than Democratic pandering. The bill means that anyone with WiFi is responsible for anyone who walks into their hot zone. And what about the content? I thought the Supreme Court had already ruled that Congress can't prohibit non-photographic images, i.e. drawings and computer-generated images, i.e. images of people who don't exist. So Congress is behaving as if the Court hasn't ruled. It seems they are passing laws that are patently invalid 1) for the harrassment value -- even if the case is thrown out the bust is the point -- and 2) grandstanding as "the party battling kiddie-porn, the party of family values". In today's news Dick Cheney is calling the Dems dickless, and with this bill, the Dems are saying, "Oh no we're not! See?" This is disgusting. This bill will either die in the Senate or the courts. Meanwhile, it's a nuisance.

[jrice]

Sorry, wrong thread -- but "outrageous" applies here, too.

The post refers to a previous blog post, but "outrageous" still applies. This has nothing to do with artist rights but with perpetuating big business's stranglehold on creative content. It's disgusting.

[Fat Drunk and Stupid]

Dick Cheney Is Right

The Democrats are in fact Dick-Cheneyless.

[Commander_Spock]

This is very good news...

... at last; now, Commander_Spock and Crew can copy-right "THE PROGRAM" and sue the crap out of all those who use it illegally. :)

[protagonistic]

RE: Major copyright bill boosts penalties, creates new agency

Boy, I sure am glad our Congress has resolved all the really <br />pressing problems so they can finally move on to the legislation <br />the MPAA and RIAA paid them to pass.

[genethomas2095]

Major copyright bill boosts penalties, creates new agency

Do you need anymore proof that Democracy is lost? yes lost!<br /><br />We are becoming a government/Nation run by big business.<br /><br />Democracy is governemnt run for/by the people who elect the government leaders.<br /><br />With all the truly serious money, in many different forms, now part of the governmental and legislative process, Democracy is lost.<br /><br />Think about it. If I give you a large sum on money today, will it affect a ddecision you will make concerning my issues later? You bet!<br /><br />Democracy is lost.

[cykonetic]

Welcome to the US-SR (United States of Slavery and Repression)

As if debt and crime weren't already problems in the United States. Although I agree "copyright" infringement is an issue, does this mean images of the Mona Lisa will get you in trouble too (because you didn't pay the Louve an admission fee)? Art (or music) has always been created for the enjoyment of the public. It seems to me that the only point of these laws is to protect corporate America. Watch out people, for if we do not stand up and fight the current trends of government, business, and polotics, we will all become slaves, born into debt, and never knowing the truth of freedom.

[spruceman]

Already #1 in incarceration! Why go higher?

USA probably already ranks number one in percent of population incarceratted since the days of Lenin, Stalin, and Mao (except for maybe some small 3rd world country). So *** are we trying for? Is Washington trying to outdo those varmints from hell with that so called child-porn-reporting act (which probably wont protect even one child) in another story here and this copyright thing? How about protecting the folks from armed robbery, rape, murder, etc--or do we allow that to go on at a level enough to keep the populace believing they need gov't to protect them? Screw the RIAA. Buy music legally only from independent artists who sell direct and bypass the RIAA mogels.

[cbowser814]

They really haven't thought this through

So, according to this, if a high school student is loaned a laptop and they break the security and then use the laptop to file share the school loses the property. Likewise, if they do it at school the school could lose it's servers and all the rest of it's equipment. This is asinine. Also, I don't know if anyone noticed but the statement about bipartisanship is a load of bull. The only D's that are on board are from California. Does anyone else see a little influence from the music/movie industry there?

[georgiarat]

Bipartisan?

While there are sponsors on both sides of the aisle, it is clearly <br />the Democrats that can make sure this bill is not enacted. Of <br />course they are the ones supposedly upholding our rights. <br />Bull, they are simply in the pocket of Hollywood and the <br />entertainment industry and the citizens lose again. I thought <br />when we voted the Republicans out we would get better <br />representation. Perhaps we have to change leadership every <br />two years until they understand the people are tired of their <br />not listening. I will hold my nose and vote Republican.

[vhac]

Chops off their hands

"Any computer or network hardware used to "facilitate" a copyright crime could be seized by the Justice Department and auctioned off. The proceeds would be funneled to the agency's budget. The process is called civil asset forfeiture, and typically the owner does not need to be found guilty of a crime for his property to be taken. "<br />Chops off their hands like the Iranians. I sure love the direction this great country is heading, leading by a bunch of greedy &#38; PAID b*s* politicians. I sure love the part about your property being taken without being found guilty. More and more like the time of king and queen. Off with your heads or your hands whichever THEY choose

[ralfthedog]

If you want to search a citizens computer...

If you want to search a citizens computer, just accuse them of file sharing.

[killshot71]

Hey, that's just great!

It's about time we had some new laws to protect the endangered entertainment industry! For some time now, I had been fearing that playing guitar wasn't going to be the path to quick riches and financial independence that it had become.<br /><br />I'm so glad politicians are focused on squeezing the profit out of such frivolous endeavors as the healthcare industry or insurance carriers, and rightly ensuring that gains for recorded music and video continue to stream in. Let's stick it to those greedy doctors and insurers who think they can get filthy rich saving lives and keeping people healthy. It's important to keep your priorities straight, after all.<br /><br />Besides, if these doctors were so smart, they wouldn't waste all that time showing up to work everyday and treating patients. They'd just spend a few months doing it once, record the effort, and then collect perpetually, even after they've died. The fools! Didn't they realize that Elvis has made more money since being dead than the doctors who treated him or the paramedics who carried his fat carcass off the toilet, all combined, could earn in a lifetime?

[zincmann]

Well if we ALL stop paying taxes that will get their attention and reflect

our disgust with the way this country is headed. I also agree its unacceptable how our government is writing laws to the highest bidder with no regards to our more pressing issues in this country. I guess they need that money to fund all the important programs that are being imposed in this country. And as others have said, while the middle class struggle with high fuel oil and gas prices, rising adjustable mortgage rates, lower salaries, rising credit card percentages NOW lets hit them with large lawsuits for sharing music, because most of these people PROBABLY cannot afford the already inflated CD and DVD prices currently in the stores. AMAZING, if there was some revolutionary in this country to organize a revolt pool peoples donations together and lobby for an overhaul of the governmental policies we would be off to a great start

[mythicalpoet]

This is called the New World Order

Slowly, day by day, our freedoms have been withering away. Before you know it 1984 will be on your doorstep and you won't be able to do a thing about it then. Surely you knew that 9/11 was a another (yes, another, with more to surely follow) False Flag attack orchestrated by the government? If not, Operation Mockingbird has you and you haven't done your homework. Shame on you.