Sponsored by Reps. Howard Berman, D-Calif., and Howard Coble, R-N.C., the measure would permit copyright holders to perform nearly unchecked electronic hacking if they have a "reasonable basis" to believe that piracy is taking place. Berman and Coble plan to introduce the 10-page bill this week.
The legislation would immunize groups such as the Motion Picture Association of America and the Recording Industry Association of America from all state and federal laws if they disable, block or otherwise impair a "publicly accessible peer-to-peer network."
Anyone whose computer was damaged in the process must receive the permission of the U.S. attorney general before filing a lawsuit, and a suit could be filed only if the actual monetary loss was more than $250.

There's more you should read... please see link.
Comments (Page 1)
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on Jul 25, 2002
This is NOT the way to go about solving the problem. P2P is just a way to get the files... if P2P eventually fades out of existence it will only be a matter of time before someone comes out with a new way of obtaining pirated software, movies, music, or what have you. Granted piracy is very wrong, but I think there has to be a better way to solve this problem than just deleting stuff on a pirates computer. Like the article said, what if someone has a home video named snow white, and it gets deleted by a film company... too bad for that person. If congress wants to effectively combat piracy like they say they do, (anyone remember "fight technology with technology" from the article?) they should find a way that isn't going to allow major corporations to circumvent the laws. Whats to stop those corporations from covertly digging "just a little deeper" and doing some hacking of their own? If they can look at the files on someones computer to "see if they are pirated videos", and they "accidentally" come across some kind of sensitive documents and exploit that document... then aren't they worse than the pirates?

It is my opinion (wrong or right, i don't care) that these companies that are being hurt by new technology should stop looking for a way to shut down P2P and start looking for a way to make some legitimate money off of it. It would be interesting to see if any of the creative wincustomize users could come up with some ideas to turn a profit from a filesharing company, here's my idea (just a start, somebody improve on it): A particular movie studio could charge XX dollars a month for download access to all the movies they produce (could work the same with record labels). I know this is similar to what Napster tried to do, but by charging the movie companies could promise virus free downloads, no ads, or even exclusive access to behind the scenes footage or something. The problem with this is what's to prevent someone who downloads the movie from this network to re-distribute it? So essentially my idea will not work at all, so howsabout we do a little brainstorming and try and come up with something that would actually work?

~Capn
Be constructive, not destructive
on Jul 25, 2002
Unbelievable....

While I don't use this type of service myself, I am very troubled by the thought of these out of control organizations having the power and ability and legal right to do this type of thing.

This is not right and there HAS to be another way to solve this problem.

If this law passes, they are no better than the common hacker or virus writer IMO.

The most troubling aspect of the whole thing is the idea that they will be exempt from any damage over $250 and that nobody can touch them.

Based on the $250 threshold, they could attack someone's computer, destroy their hard drive and the targeted person could do nothing about it since new drives are less that that amount.

BTW define "resonable basis".... I read nothing about any sort of safeguards being put into place to ensure they don't overstep their bounds or any type of oversight.

These guys are WAY OUT OF CONTROL.

John
on Jul 25, 2002
Oops, I meant to say ".....exempt from any damage under $250....."
on Jul 25, 2002
This just ocurred to me.

What happens when they target someone who is doing this while they are at work?

Say,

They they work for a large company or the federal government.

They are behind a firewall.

What happens when they hack a government firewall or Fortune 500 company to target a system the P2P user doesn't own?

What happens if they destroy sensitive company or government information?

Say the P2P person works for Microsoft or the Pentagon.....

This could get really interesting really fast.
on Jul 25, 2002
Politicians.... geez...... is anyone else reminded of big brother here?

The bad outweighs the good on this one.
on Jul 25, 2002
Come On..........Wake Up!!!!

It is the sign of the times, remember we live in a Capitalist society here. Our system is based on keeping the rich rich, and the "not-rich" subserviant. If the "entertainment" industry is hurting, so is their tax base to our government. Money talks people, it always has, the rest of us, the working class, have to abide by those rules to keep the dollars flowing in the "right" direction. Join a PAC, better yet start one!
on Jul 25, 2002
Granted, but keep in mind that this is also an invasion of privacy. Also, those with money don't keep it forever, especially when they do something illegal (ENRON!) so while corporate America is very formidable, its not invincible and they can't get away with whatever they want. And it only a matter of time that someone exploits their newly legal hacking ability for corporate gain.
on Jul 25, 2002
Wouldn't this be an illegal act? If I remember clearly, there's an amendment in the Consitution of the United States that plainly explains that the government cannot search or break into the privacy of a citizen WITHOUT a warrant.
on Jul 25, 2002
7dave7: The government isn't breaking into the computers, the corporations are. It's stupid, and if the corps decide to hurt P2P systesm through hacking and virii, expect the hacking world and those who want these services to counterattack swiftly and severely.
on Jul 25, 2002
If they hack to delete mp3's what's to stop them from installing spyware or some other ad serving program or web tracker while their on the system.

Heck, while their at it they could mine the person's cookies to find out where they've been so they can get spam....
on Jul 25, 2002
I am sorry to report that the play you recorded of your daughter on your camcorder called "snow white" has now been toasted.. Tough luck that you do not have another copy.

( And on that page it's fine with them? )

I am not worried about this law.. I do not download this type of media, Maybe they will be immune from U.S law but what about european ?

Hey you have just trashed my drive and lost my daughters play forever ... I am taking you to european court.

Would this not be taken as an infringement of privacy to begin with in the first place ?

As for cookies i am not worried about them i delete them every day.

Not only this there are a number of places on the web where you can buy music for download.. There is no way this can be handled they would have to be crazy as is would be impossible to police.

Oh yeah i found this it's a part of...(there may be more in there)

The Constitution of the United States of America

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
.....
Have a nice day you all
on Jul 25, 2002
You know, people thought Orwell went overboard when he wrote 1984. Now, I don't even think he could have imagined such total invasion privacy as this. Such total disregard for civil rights. "Big Brother" was a child's bedtime story compared to this. >
on Jul 25, 2002
"Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

It sounds nice and makes you feel a little secure at first glance but if you look closer the corporations can get around this amendment because they are providing a "probable cause" or in this case "reasonable basis". That means if they can dig up a shred of data that could be used to prove that your computer is a P2P trading nexus then they are given the right to do as they see fit. They can, in effect, trash your hard-drives and render your system useless and you get nothing out of them unless the damage is over US$250.

Then if you want to sue for loss of important data or whatever you have to seek permission from the US Governor General?!?!

If major corporations are backed by governments, the populace can only grin and bear it. The corps have the money to back whatever silly ideas pop into their heads and the governments are getting their share of the action too. Quid pro quo.

Despite all that, there will still be ways to get around all the red tape. Someone always comes up with something.

Good luck to us all.
on Jul 25, 2002
Are we (as a people) not entitled to due process? These people are being judge jury and executioner. If they find that "shred of data", fine, then next they should have to prove in a court of law that a law was being broken, and, if they succeed in proving it they should then have sentenced pronounced in accordance with law.

In essence what they are asking for is the right to circumvent civil rights and pry into peoples computers to find evidence so that they can immediately pronounce sentence, and then just as quickly, punish the alleged wrong-doer.

I see alot of such cases being challenged and won in court. The money they get back by decreasing the P2P problem will be going right back out to pay the lawsuits and legal fees.

Who are the brilliant minds that came up with this one?
on Jul 25, 2002
I've said it before to my friends, if the record companies would start selling individual songs for a small fee of something like $2 each I think that would find a rather nice new market. Digitally sign the files of some sort to prevent casual pirating. Die hard hackers/pirates are still going to get the files regardless of what you do. So make it real simple and a good price and they will probably have a flood of new revenue. I personally don't buy too much music any more. I think we have only bought about 3 CD's in the last 2 years. Simply because I do not feel like paying $16 for only 2 songs that I like. But I would be more than willing to pay a couple dollars for the songs I do like, download them and burn them to my own CD's. I think its a win win situation.
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