Senator Brownback introduces digital rights bill


GristyMcFisty used our news submit to
tell us that Senator Sam Brownback has introduced the Consumers, Schools and Libraries Digital Rights Management (DRM) Awareness Act of 2003. 

This Downback BILL safeguards Internet user privacy by preventing forced disclosure of names or personal information from the ISP of users suspected of sharing copyrighted files.  The Recording Industry of America (RIAA) has obtained the identities of more than 1,600 suspected users through the use of subpoenas and have issued 261 lawsuits as a result.  A subpoena does not require a judge's signature.  This new law will not affect American's basic privacy and anonymity rights, but instead improve their privacy while on the Internet.  If the Bill where to be in place, a copyright holder would need an adequate court oversight before it can force an ISP to disclose a suspect user's identity.  This is, when you
are online, the notion "innocent until prevent guilty" would apply 😉

Other provisions include:  Requiring adequate labelling of Digital Rights Management (DRM) restrictions on CDs, DVDs and so on.  Impose strict limits on the Federal Communication Commission's (FCC) ability to impose federal regulations such as technology mandates on digital television innovators.  Preserve the right to donate digital media products to schools and libraries.  Finally to protect the public's customary and fair use rights such as the ability to make a backup of digital media.  The Electronic Frontier Foundation (EFF) strongly supports the bill.



Washington, DC - Senator Sam Brownback (R-KS) today introduced the Consumers, Schools, and Libraries Digital Rights Management (DRM) Awareness Act of 2003. The Electronic Frontier Foundation (EFF) supports the bill as an important step toward balancing the rights of the public and the interests of entertainment industries in the age of digital commerce.

Senator Brownback's DRM Awareness Act safeguards the privacy of Internet users by preventing copyright holders from compelling an Internet service provider (ISP) to disclose the names or other identifying information of its subscribers prior to the filing of a civil lawsuit. The Recording Industry Association of America (RIAA) has used subpoenas, rubberstamped by court clerks, to obtain the identities of more than 1,600 Internet users.

"The digital age does not change Americans' basic rights to privacy and anonymity," said EFF Staff Attorney Wendy Seltzer. "Senator Brownback's bill ensures adequate court oversight is in place before copyright holders can force ISPs to disclose the identities of Internet users, restoring the notion that you are 'innocent until proven guilty' on the Internet."

The bill includes these provisions:

  • Requires conspicuous labeling of CDs, DVDs, and software that limits consumer uses with "digital rights management" (DRM) restrictions
  • Imposes strict limits on the Federal Communication Commission's ability to impose federal regulations (i.e., "tech mandates") on digital television innovators
  • Preserves the right to donate digital media products to libraries and schools


In addition, the bill helps protect the public's
customary and fair use rights with respect to digital
media.

"At a time when the entertainment industry is releasing unmarked copy-protected CDs into stores and asking the FCC to hobble innovators with federal regulations, Senator Brownback's bill recognizes that the federal government must act to protect the rights of law-abiding consumers and innovators," said EFF Legal Director Cindy Cohn. "We strongly support the Brownback bill and have set up the EFF website with an easy way for citizens to encourage Congressional representatives to co-sponsor the bill."

Senator Brownback's bill joins a number of other bills introduced this year to protect the public's interest in a balanced copyright system, including those of Senator Ron Wyden (D-OR), Representative Zoe Lofgren (D-CA), and Representative Rick Boucher (D-VA).

EFF will deliver to Congress a petition with over 37,000 signatures, gathered in less than a week, expressing public support for balance in copyright law, and requesting an invitation for EFF to participate in upcoming hearings. Senator Norm Coleman (R-MN) has begun investigations into the RIAA's subpoena tactics through the Senate Permanent Subcommittee on Investigations.

EFF is continuing to collect signatures on the petition and will deliver updates to Congress if the RIAA's lawsuit crusade continues.

This looks like a Bill that I am sure many Internet users would love to see in place.  The Digital Millennium Copyright Act (DMCA) which was put in place back in 1998 severely affects user's privacy while online.  It is really unfair that one can get slammed a lawsuit without a proper court case.  If the Brownback Bill becomes enforced, it would put an end to the RIAA's and other's that abuse the DMCA of freely forcing ISPs to disclose identities and then suing at their will. 

The EFF will deliver a petition comprised of over 37,000 signatures to Congress.  These signatures have been gathered in less than a week, thus expressing public support for balance in copyright law.  The EFF will still
continuing to collect signatures and deliver updates to Congress should the RIAA
continue their lawsuit crusade. 

Source: Electronic Frontier Foundation

No posts to display