Re: [dvd-discuss] Geeks in government: A good idea?

["Michael A Rolenz" <Michael.A.Rolenz(at)aero.org>]

Declan's got some great quotes here too

>DOJ to swappers: Law's not on your side
>By Declan McCullagh 
>Staff Writer, CNET News.com
>August 20, 2002, 2:27 PM PT
>http://news.com.com/2100-1023-954591.html 

>ASPEN, Colo.--The U.S. Department of Justice is prepared to begin 
prosecuting peer-to-peer pirates, a top government official
>said on Tuesday. 

<snip>

>In an interview, Malcolm would not say when prosecutions would begin. The 
response to the Sept. 11 terrorist attacks temporarily diverted
>the department's resources and prevented its attorneys from focusing on 
this earlier, he said. 

and it's not now?

<snip>

>Christopher Cookson, executive vice president of Warner Bros. and another 
panelist, said there was "a need for governments to step in and
>maintain order in society." 

Dealing with a riot is maintaining "order in society" 

<snip>

>Swapping files in violation of the law has always been a civil offense, 
and the RIAA and the Motion Picture Association of America (MPAA)
>have the option of suing individual infringers and seeking damages. 

But should not have BOTH. For the RIAA and MPAA to decide what criminal 
offenses will or will not be prosecuted is a violation of due process. 
Only the state can do that.

<snip>

>But, Malcolm said, criminal prosecutions can be much more effective in 
intimidating file-swappers who have little assets at risk in a civil suit.
>"Civil remedies are not adequate...Law enforcement in that regard does 
have several advantages," Malcolm said. "We have the advantage,
>when appropriate, of opening up and conducting multi-jurisdictional and 
international investigations. 

"intimidating"....great choice of words for that's what it's all about.

<snip>

>Gary Shapiro, president of the Consumer Electronics Association, said he 
was skeptical about the view that peer-to-peer piracy should be a
>criminal offense. "If we have 70 million people in the United States who 
are breaking the law, we have a big issue." 

Imagine 70Million convicted felons that are now disenfranchised as 
citizens....He might think that is a wonderful thing...I think it 
disruptive to society and likely to create major social unrest. Take a 
look at the last time there was a whole body of disenfranchised citizens - 
Reconstruction.

<snip>
 




"Dean Sanchez" <DSANCHEZ@fcci-group.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
08/22/2002 05:04 AM
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        Subject:        Re: [dvd-discuss] Geeks in government: A good idea?


I'm afraid that Declan has written his own rebuttal to the proposal that 
he put forth in "Geeks in Government: A good idea?".  This sets the stage 
for handling any technology appears that threatens the status quo.  All 
that is now necessary is for a law to be bought and the technology to be 
made illegal.  It appears that file-swappers are now considered much more 
dangerous to America than terrorists.
http://news.com.com/2100-1023-954591.html
Once people start getting prosecuted for swapping files, how many of the 
supposed 70 million p2p users will continue?  I seem to remember someone 
making the argument here that people didn't have anything to worry about 
because the IP industry couldn't go after every individual user.  They 
don't have to, they just get the government to do it for them.  They also 
have a way of sidestepping the public's backlash by saying "we didn't do 
anything, the Justice Department is just enforcing the law".