http://www.gopusa.com/news/2003/june/0619_hatch_computers.shtml


Sen. Hatch Proposes Destroying Computers of Copyright Violators
By Jimmy Moore
Talon News
June 19, 2003

WASHINGTON (Talon News) -- Sen. Orrin Hatch (R-UT),
chairman of the Senate Judiciary Committee,
has proposed destroying the computers of those users
who illegally download copyright-protected music and movies over the Internet.

His remarks, made during a copyright abuse hearing on Tuesday,
show the seriousness of this issue to Hatch.
The senator is extremely disappointed that the technology and entertainment industries
have not done anything to protect copyright laws on the web.
He believes the debate over pirated music must come to a conclusion in the near future.

The idea of destroying the computers of copyright violators came up during a discussion about
how to discourage people who are illegally downloading music and movie files.
Hatch inquired with technology experts about how to destroy computers
that are used for illegal downloads.
However, legal analysts warn that such an action would be against federal anti-hacking laws.

But there are other technologies available to frustrate people who attempt to download a
pirated music or movie file. Randy Saaf, of Los Angeles-based MediaDefender, Inc., !!!
says his company has the ability to severely slow down download times so
other potential downloaders cannot access the files they are looking for.
Still, he expressed concern about causing damage to someone's computer for downloading files.

"No one is interested in destroying anyone's computer," Saaf said.

But Hatch responded by saying that causing harm to a violator's computer
"may be the only way you can teach somebody about copyrights."

This issue is personal for Hatch, who as a songwriter brought in $18,000 in royalties last year.
He contends that Congress would have to pass a law that would not prosecute copyright owners
from liability for destroying computers that are used for illegally downloading their
copyrighted property. Hatch favors technology that offers a warning twice
and then it would "destroy their computer."

Nevertheless, Hatch says he is open to ideas that do not involve ruining computers.

"If we can find some way to do this without destroying their machines,
we'd be interested in hearing about that," Hatch stated.
"If that's the only way, then I'm all for destroying their machines."

Hatch believes that if enough computers are destroyed, then people will get the message.

"There's no excuse for anyone violating copyright laws," he said.

Legal analysts believe Hatch is using this idea as a way to get the
technology and music industries to come up with their own solutions
for protecting copyright laws.

"It's just the frustration of those who are looking at enforcing laws
that are proving very hard to enforce,"
commented Orin Kerr, a former Justice Department cybercrimes prosecutor.

Reaction to Hatch's proposal in Congress was decidedly one-sided against the idea.

"The rights of copyright holders need to be protected,
but some Draconian remedies that have been suggested would create more problems
than they would solve," said Sen. Patrick Leahy (D-CT).
"We need to work together to find the right answers, and this is not one of them."

In the U.S. House of Representatives, Rep. Rick Boucher (D-VA) believes
Hatch should back away from the idea of destroying personal property
to protect copyright laws. Boucher said that he is concerned about Hatch's proposal
because members of Congress "take (Hatch's) views very seriously."

Kerr believes any bill proposing the destruction of computers by copyright owners
will probably not pass "because innocent users might be wrongly targeted."

Recording Industry Association of America spokesman Jonathan Lamy,
speaking on behalf of the major record labels,
sees the comments by Hatch as a warning for the industry to police itself
or Congress will step in.

Lamy said that Hatch is "apparently making a metaphorical point that if
peer-to-peer networks don't take reasonable steps to prevent massive copyright infringement !!!
on the systems they create, Congress may be forced to consider stronger measures."

The debate about copyright infringements has been ongoing in the entertainment industry
for the past few years. Many multiple downloaders of pirated music and movies
have been faced with lawsuits in civil court.
Most recently, the RIAA won a federal case allowing them to track consumers !!!
who are downloading an inordinate number of music files
using file-sharing software technology available on the Internet.

Last year, Rep. Howard Berman (D-CA) submitted a bill that would give copyright owners assistance
with illegal downloads that included redirection, decoys, spoofing and file blocking.
However, the proposed legislation was never brought to the House floor for a vote.
No other legislation has been proposed to deal with this problem
in the current Congressional session.

Copyright 2003 Talon News -- All rights reserved.