Oh, fer pete's sake

[unixronin]

As if copyright law wasn't being abused enough already, Congress is preparing to amend copyright law to make infringement penalties more severe and create not one, but TWO new Federal bureaucracies to enforce copyright law.  First, there's a new agency (to be called WHIPER, "White House Intellectual Property Enforcement Representative" — is that a stupid name for an agency, or what?) whose head would be appointed by the President and confirmed by the Senate, appearing to put the position on a par with the Attorney General (in salary as well as in seniority).  WHIPER appears to be for overseas copyright violation, and would include 10 "intellectual property attaches" dispatched to US embassies.  Then as if that wasn't enough, a new Intellectual Property Enforcement Division will be created under the Department of Justice.

Among other provisions, the new law would make maximum penalties easier to obtain by eliminating the "ten works within 1980 days" requirement, and would apply civil asset forfeiture to any computer or network hardware used to "facilitate" a copyright crime.  Not "used to COMMIT a copyright crime", mind you, but "used to FACILITATE a copyright crime."  What does "facilitating a copyright crime" include?  Does that mean that if someone sells something on eBay that turns out to be illegally copied, the Justice Department gets to go seize all of eBay's hardware?  Your guess is as good as mine.  Does an ISP "facilitate" copyright crime by allowing copyrighted works to flow across its network?  How about a common carrier?  Does Dell "facilitate" copyright crime by selling computers?  Microsoft, by selling operating systems?  Rio and Apple, by making MP3 players?  TDK and Memorex, for selling CD blanks?  Samsung and Plextor for making CD and DVD burners?  TiVo for making DVRs?

TEH STUPID!!!  IT BURNS!!!

(Rumors that the RIAA have been granted exemption from due process and the Fourth Amendment are probably exaggerated.  Somewhat.  So far.)

Can't we just round up the whole of Congress and tar-and-feather the bastards?

Comments

[jilara.livejournal.com]

Gods, I dispise weasel-word lawmakers.

I will quote only American definitions, since this is American law (no Oxford dictionary):
Facilitate -
Merriam Webster and American Heritage: to make easier
Dictionary.com: 1. to make easier or less difficult; help forward (an action, a process, etc.): Careful planning facilitates any kind of work.
2. to assist the progress of (a person).

In this so vague that you could even apply it to thought-crime, like suggesting over a computer that one could do this (or giving instructions on how to burn a CD), on the grounds it would make it easier for someone to act. And definitely applies to any means or media.

[novel-tharkun.livejournal.com]

Beautiful. If I read this correctly, then you can say all who taught or had opportunity to teach or dissuade the perpetrator facilitated the crime.

Is it just my memory, or wasn't intellectual property law specifically written that the discovery, investigation, & proof of violation fell upon the IP holder?

[unixronin.livejournal.com]

In this so vague that you could even apply it to thought-crime,

I believe it's so vague and broad that it would be immediately thrown out by the Supreme Court as unconstitutionally vague. As written, it amounts to an unrestricted license to seize virtually any computer, anywhere, for any reason, without a warrant. Just for starters, it clearly violates the Fourth Amendment.