FC: RIAA claims it never wanted to hack PCs, was misunderstood

From: Declan McCullagh (declanat_private)
Date: Wed Oct 24 2001 - 09:04:03 PDT

  • Next message: Declan McCullagh: "FC: FIRE on post-Sep. 11 attacks on liberty on America's campuses"

    I thank the RIAA for replying. There seems to be only one important 
    question here: Did the RIAA's now-abandoned amendment do what legal 
    analysts, such as the folks I quoted in my article, say it would?
    
    If the answer to that question is "yes" -- if the RIAA's amendment would 
    permit a copyright holder to hack computers and delete information -- then 
    it doesn't matter what the RIAA now insists its intentions were. The RIAA 
    has some very bright lawyers who don't draft amendments carelessly. The 
    truth is in the language of the legislation; the rest is spin.
    
    This is not meant to be an attack on the RIAA. The group has done some 
    laudable work in the past on First Amendment issues, and sometimes gets 
    unfairly attacked in the Net.community. Somehow, though, I don't think this 
    is one of those times.
    
    The RIAA's proposed amendment to the USA anti-terrorism bill:
    http://www.wartimeliberty.com/article.pl?sid=01/10/14/1756248
    
    Previous Politech message:
    http://www.politechbot.com/p-02656.html
    
    -Declan
    
    *********
    
    Subject: in case you hadn't seen it...
    To: declanat_private
    From: JCabreraat_private
    Date: Tue, 23 Oct 2001 16:42:08 -0400
    
    Declan,
    
    Just wanted to send you the concerns folks have on this end. Do with this
    what you will. Figured you'd appreciate the heads up...
    
    
        The False Anti-Terrorism Rumor Debunked
    
        We would like to take this opportunity to clear up a misconception that
        has been spread around the Internet and the media faster than we can
        respond to it.
    
        Contrary to what you may have seen, read or heard the recording industry
        never lobbied congress to give us the ability to hack into PCs, plant
        viruses, destroy MP3 files on people's computers, and worse. That is
        complete nonsense, and totally untrue.
    
        Allow us to present the facts:
    
        Ever since we won the Napster case, we've been asked: what are you going
        to do about peer-to-peer services like Gnutella which have no
        centralized directory? A lawsuit can't shut them down. What will you do?
    
        And we've said that the real solution ? the long-term solution ? is a
        marketplace solution. That we have to get into the marketplace and offer
        not only a legitimate alternative, but a better alternative that will
        attract consumers because of the value we provide.
    
        But we've also said that there were technical measures that could be
        used to address the problem. We didn't get very specific about what
        those technical measures were, but we always made clear that we would
        rely on technological solutions to address technological problems.
    
        And in fact, a number of companies have developed the technology for
        these technical measures. Some of them may already be in use, but at
        RIAA, we've been analyzing the law to make sure that using these
        technical measures would be completely lawful.
    
        A couple of weeks ago, the Senate made public for the first time the
        anti-terrorism legislation it had privately been drafting. And when we
        looked at it, we found that one of the provisions in this massive bill
        would have changed existing law in a way that would prevent us from
        using technical measures that would otherwise have been perfectly
        lawful.
    
        The provision wasn't aimed at anything we were doing or thinking of
        doing. Nor was it aimed at technical measures used by ISPs, and eBay,
        and other businesses to protect the integrity of their products and
        their systems. But inadvertently, this change in the law would have
        prevented us from using technical measures to protect copyrighted works.
    
        When we discovered the change, we brought it to the attention of the
        Department of Justice; the Senate staff working on the bill; and other
        industry groups. The staff confirmed that the effect on us was
        inadvertent, and asked us to propose a fix, a "patch" to eliminate the
        problem for our industry. We did so ? based on suggestions from the
        Department of Justice and Senate staff.
    
        Ultimately, the Senate staff figured out a way to change their original
        provision to eliminate its unintended effect, and that worked just fine
        for us. And it worked for a whole lot of other industry groups that also
        felt that this provision had to be fixed ? the ISP community, telecom
        companies, the NetCoalition, the Chamber of Commerce, as well as content
        industries like motion pictures and music.
    
        There is nothing unusual about what happened here, especially in the
        hectic closing days of a Congressional session. But somehow, it became a
        story that we were looking for special new powers to hack into personal
        computers.
    
        What's worse ? we were accused of equating Internet piracy with
        terrorism. We may take Internet piracy seriously, but we're not insane.
    
        It's one thing to be criticized for what we do ? that's fair game. But
        to be vilified for what we don't do ? that's very disheartening.
    
        Unfortunately, we get a lot of that. Half of what is written about us is
        just plain wrong. And that's why we really do appreciate you taking the
        time to read this, giving us a chance to set the record straight on this
        one.                                                                     
    
    
    
    
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