[Ecommerce] Re:New Version of CA SB 1506

[sarah.b.deutsch@verizon.com]

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This amended version of SB 1506 still requires that CA residents publish
their true name and address (email has now been deleted) along with the
title of any commercial recording or audiovisual work.  There is an amended
proviso that this does not apply to the sharing of works within the
"immediate family or within his or her presonal network (defined as a
restricted access network controlled by and accessible to only that person
or people in his or her immediate household; to 10 or fewer persons, or in
situations where the copyright owner has explicitly given persmission...")

The bill still contains the mandatory forfeiture and destruction provision
for articles upon which sounds and images can be stored -- which basically
applies to every electronic device or network.

Sarah


(See attached file: SB 1506 Senate Bill - AMENDED.htm)



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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BILL NUMBER: SB 1506	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 12, 2004

INTRODUCED BY    Senator Murray   Senators
Murray and Brulte
    (Principal coauthors:  Assembly Members Chavez and McCarthy)


                        FEBRUARY 19, 2004

   An act to amend Section 653v of, and to add Section 653aa to the
Penal Code, relating to Internet piracy.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1506, as amended, Murray.  Internet piracy.
   Existing federal law, through copyright, provides authors of
original works of authorship, as defined, with certain rights and
protections.  Existing federal law generally gives the owner of the
copyright the right to reproduce the work in copies or phonorecords
and the right to distribute copies or phonorecords of the work to the
public.  Existing federal law limits the liability of an Internet
service provider for copyright infringement for transmitting material
under specified conditions.  Existing law also provides for the
forfeiture and destruction of articles upon which sounds or images
can be stored, and electronic and other devices used in reproducing
those articles, in connection with a violation of provisions
prohibiting misappropriation of recorded music, sounds of a live
performance, or an audiovisual works, as specified.
   This bill would provide that it is a crime, punishable by a fine
not exceeding $2,500, imprisonment in a county jail for a period not
exceeding one year, or by both that fine and imprisonment for a
person who is  not the copyright owner   located
in California, who knows that a particular recording or audiovisual
work is commercial,  to knowingly electronically disseminate
 a   all or substantially all of that
commercial recording or audiovisual work without disclosing his or
her true name and address, and the title of the recording or
audiovisual work.  This bill would define electronic dissemination as
initiating a transmission of, making available, or otherwise
offering a commercial recording or audiovisual work for distribution
on the Internet or other digital network, as specified.  This bill
would provide that this provision would not apply to a person who
electronically disseminates a commercial recording to his or her
immediate family or within his or her personal network, as defined
 , to a person who electronically disseminates a commercial
recording or audiovisual work to 10 or fewer persons, or to a
situation in which the copyright owner has explicitly given
permission for all or substantially all of that recording or
audiovisual work to be freely disseminated  .  This bill would
also provide that a court may order the forfeiture and destruction of
articles upon which sounds or images can be stored, electronic
files, and electronic and other devices in connection with a
violation of these provisions.
   Because this bill would create a new crime, it would impose a
state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 653v of the Penal Code is amended to read:
   653v.  Whenever any person is convicted of any violation of
Section 653h, 653s, 653u, 653w, or 653aa the court, in its judgment
of conviction, shall, in addition to the penalty therein prescribed,
order the forfeiture and destruction or other disposition of all
articles, including, but not limited to, phonograph records, discs,
wires, tapes, films, electronic files, or any other article upon
which sounds or images can be recorded or stored, and any and all
electronic, mechanical, or other devices for manufacturing,
reproducing or assembling these articles, which were used in
connection with, or which were part of, any violation of Section
653h, 653s, 653u, or 653w.
  SEC. 2.  Section 653aa is added to the Penal Code, to read:
   653aa.  (a) Any person who is  not the copyright owner who
  located in California, who, knowing that a particular
recording or audiovisual work is commercial,  knowingly
electronically disseminates  a   all or
substantially all of that  commercial recording or audiovisual
work without disclosing his or her true name and address, and the
title of the recording or audiovisual work is punishable by a fine
not exceeding two thousand five hundred dollars ($2,500),
imprisonment in a county jail for a period not exceeding one year, or
by both that fine and imprisonment.
   (b) Subdivision (a) does not apply  to   :
   (1) To  a person who electronically disseminates a commercial
recording or audiovisual work to his or her immediate family, or
within his or her personal network, defined as a restricted access
network controlled  solely by   by and
accessible to only  that person or people in his or her
immediate household.
   (2) To a person who electronically disseminates a commercial
recording or audiovisual work to 10 or fewer persons.
   (3) If the copyright owner, or a person acting under the authority
of the copyright owner, of a commercial recording or audiovisual
work has explicitly given permission for all or substantially all of
that recording or audiovisual work to be freely disseminated
electronically by or to anyone without limitation.
   (c) For purposes of this section:
   (1)  "Recordings"   "Recording"  means
the electronic or physical embodiment of any recorded images, sounds,
or images and sounds  , but does not include audiovisual works
or sounds accompanying audiovisual works  .
   (2) "Audiovisual  works   work  " means
the electronic or physical embodiment of motion pictures, television
programs,  video or computer games,  or other
dramatic  audiovisual presentations that consist of related
images that are intrinsically intended to be shown by the use of
machines or devices such as projectors, viewers, or electronic
equipment, or a computer program, software, or system, as defined in
Section 502, together with accompanying sounds, if any.
   (3) "Commercial recording or audiovisual work" means a recording
or audiovisual work whose copyright owner, or assignee, authorized
agent, or licensee, has made or intends to make available for sale,
rental, or for performance or exhibition  to the public
under license  , but does not include a licensed excerpt
consisting of less than substantially all of a recording or
audiovisual work  .  A recording or audiovisual work may be
commercial regardless of whether the person who electronically
disseminates it  personally  seeks commercial
advantage or private financial gain from that dissemination.
   (4) "Electronic dissemination" means initiating a transmission of,
making available, or otherwise offering  ,  a commercial
recording or audiovisual work for distribution on the Internet or
other digital network, regardless of whether someone else had
previously electronically disseminated the same commercial recording
or audiovisual work.
   (5) "True name and address" means information that accurately
identifies the name of the person who is disseminating the commercial
recording or audiovisual work,  along with his or her valid
e-mail or mailing address.   and his or her mailing
address, valid e-mail address, or the valid e-mail address of the
holder of the account from which the dissemination took place.
   (6) "Disclosing" means providing information in, attached to, or
discernable or available in or through the process of
disseminating or  obtaining a commercial recording or
audiovisual work  in a manner that is accessible by any person
engaged in disseminating or receiving the commercial recording or
audiovisual work  .
   (d) Nothing in this section shall preclude prosecution under any
other provision of law.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.





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