[Ecommerce] Re: [Ecommerce]Two New P2P Bills

Tue Mar 23 12:02:07 2004

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I wanted to post information about two bills that everyone should be aware
of.  The first, California anti-piracy bills (see link below),  are an end
run around the use of the John Doe process.  The bills create new state
criminal penalties for anonymous communications involving any copyrighted
work.  The bills contain new criminal penalties forcing consumers to
publish their names, addresses and e-mail addresses when they "make
available" all
or a substantial part of a "commercial recorded or audiovisual work."
Think about the implications
for child safety, anonymity, privacy generally, spam or identity theft.

>From an ISP liability standpoint, the bills contain a loose "knowledge"
standard for "disseminating a commercial recording or audiovisual work."
The bill also contains a mandatory forfeiture provision noting that the
court shall order the forfeiture or destruction of articles upon which
sounds and images can be stored.  This could include ISPs' servers, and
other devices such as cell
phones or blackberries, computers and the gamet of electronic devices.
This
provision is inconsistent with DMCA Section 512(k) relating to injunctive
relief and remedies.

  CA A.B. 2735:
http://www.leginfo.ca.gov/pub/bill/asm/ab_2701-2750/ab_2735_bill_20040220_introduced.html
 CA S.B. 1506:
http://www.leginfo.ca.gov/pub/bill/sen/sb_1501-1550/sb_1506_bill_20040219_introduced.html

The other bill is something not yet introduced, but apparently in the works
at the House IP subcommittee.  I've attached a copy below.  This bill would
amend 17 USC Section 506 to
create a new section criminalizing P2P infringements among others.  It
lowers the usual wilfulness standard for criminal infringements to a
knowledge/reckless disregard standard.  I believe that even the old
copyright NET Act contained a wilfulness provision.   This one also creates
similar liability issues for ISPs who may "traffic in" or "make available"
such works.   Jail time is 3 years with no financial gain and 5 years for
the others.

(See attached file: DOJ Loophole.pdf)

(See attached file: DOJ Loophole.pdf)

Sarah B. Deutsch
Vice President & Associate General Counsel
Verizon Communications
Phone: 703-351-3044
Fax:      703-351-3670
sarah.b.deutsch@verizon.com

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[ DOJ Loophole.pdf of type application/pdf deleted ]
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