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

[Jeff Williams]

Sarah and all,

  I smell the nasty influence of the MPAA and the RIAA in these
proposed bills.  I wonder if the DOJ will be recommending these
bills to the  House IP subcommittee, the administration and the
senate counterpart of the  House IP subcommittee.  Given the
growing number of home hobbyist as well as start up small
privately held companies in IT, it seems to me at least that
the  injunctive relief and remedies suggested or recommended
as part of these bills is handcuffing the judiciary and are
egregious.

  This said, I will be forwarding this along our members for
garnering their collective opinions and to suggest we come
up with a position to pass on to the  House IP subcommittee
as well as the administrations advisors.  As this is an election
year, I believe that both parties need all the votes they can get...

sarah.b.deutsch@verizon.com wrote:

> --
>
> 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
>
> --
> [ DOJ Loophole.pdf of type application/pdf deleted ]
> --
>
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Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Be precise in the use of words and expect precision from others" -
    Pierre Abelard

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P: i.e., whether B is less than PL."
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