Senator Takes a Swing at RIAA

Finally, a senator who is making sense. Three cheers for Senator Brownback. Senator Brownback introduced legislation that returns some sanity that was lost with the passage of the DCMA. In the following story, note the lame RIAA quotes. Wired News is reporting:

A Kansas senator introduced legislation Tuesday that could deal a blow to the music industry in its ongoing battle with file-sharing fans.

Sen. Sam Brownback (R-Kan.) introduced the Consumers, Schools, and Libraries Digital Rights Management Awareness Act of 2003, a bill that addresses two hot topics in the digital realm: privacy and digital rights management.

The legislation would require owners of digital media to file a John Doe lawsuit to obtain the identifying information of an Internet user, rather than simply requesting a subpoena.

Currently, the Digital Millennium Copyright Act permits copyright holders to subpoena an Internet service provider for the name and address of a person they believe is violating a copyright. The one-page subpoena request can be issued by a court clerk and doesn't require a judge's signature.

Brownback said the DMCA subpoena process raises serious privacy and due-process concerns.

"There are no checks, no balances, and the alleged pirate has no opportunity to defend themselves," Brownback said when introducing the bill. "My colleagues, this issue is about privacy, not piracy.

"This will provide immediate privacy protections to Internet subscribers by forcing their accusers to appear publicly in a court of law, where those with illicit intentions will not tread, and provides the accused with due process required to properly defend themselves."

The Recording Industry Association of America, or RIAA, issued a statement in response:

"The DMCA was a carefully crafted compromise. Multibillion-dollar ISPs like Verizon (Communications) fought for and won liability immunity for the rampant piracy on their networks. In exchange, they were obligated to help copyright holders identify individual pirates.

"You can't divorce the benefits of the DMCA from its burdens. If the ability of creators to enforce our rights directly against individual copyright pirates is overturned, so goes the rest of the DMCA and its restrictions on liability immunity. The rules of the road of the past five years will be thrown out the window, and that's not something anyone should wish for."

Verizon, involved in ongoing litigation with the RIAA, said it was pleased with the legislation.

"Verizon is very appreciative of Sen. Brownback introducing this bill," said Sarah Deutsch, vice president and associate general counsel for Verizon. "We believe it's a necessary first step toward better protecting Internet users' privacy, due process and safety rights."

Brownback said he created the legislation in response to the legal fights between ISPs and the music industry. Sen. Norm Coleman (R-Minn.) also has expressed concern with the RIAA's tactics in the file-sharing battle, and will hold hearings on the subject Sept. 30.

The RIAA has issued more than 1,500 subpoenas to ISPs seeking the personal information of subscribers it suspects of sharing music illegally. The music trade group has said it will use the information gathered from the subpoenas to sue thousands of people for copyright infringement. Last week the organization announced the first batch of these lawsuits, targeting 261 people, including a 12-year-old girl and a 71-year-old grandfather.

The music group is also involved in legal fights with Verizon and SBC Communications because the two ISPs refused to surrender the names of subscribers who, the trade group alleges, shared copyright music files on the Internet.

Verizon was forced to surrender the names of its subscribers, but also appealed the decision. A Washington, D.C., district court heard oral arguments on the appeal Tuesday.

Another part of the bill calls for a labeling system for all digital media protected by digital rights management, "so consumers will know what they are buying when they buy it," Brownback said.

Digital rights management, also called DRM, refers to technology measures that control how digital content is used and accessed.

The music industry has started selling copy-protected CDs without labeling the products as such, and some customers have had trouble playing these CDs on their computers. Plus, music lovers have been unable to convert these music files to MP3s, a legal action, Brownback said.

On Wednesday, the Senate commerce committee will hold a hearing on the DMCA subpoena process and DRM. Panelists will include RIAA President Cary Sherman and representatives of Verizon and SBC, among others.

Digital rights groups applauded Brownback's legislation.

"We like lots of things here," said Wendy Seltzer, an attorney with the Electronic Frontier Foundation. "It reaffirms Internet users' rights to privacy and anonymity and it reaffirms that we preserve traditional fair-use rights as we move to the online environment."

"The bill helps to ensure that the public is informed about capabilities and restrictions of media they purchase," Seltzer said, adding that the bill is "asserting that public rights of access to media and rights to innovate with technology persist in the digital age."