Proportionality and privacy

Have you seen the draft Calif. SB 1506?  Tell me it won't pass.  It makes anyone criminally liable who “knowingly electronically disseminates a commercial recording or
audiovisual work without disclosing his or her true name and address, and the title of the recording or audiovisual work.”

You say, “No big deal.  We already have criminal copyright law on the books.”  But don't criminal copyright statutes involve infringement?  This is a strict liability offense:  no name and address, and boom, you're in jail.

What if you're twelve years old?  We have one federal statute, COPPA, which makes it illegal for an ISP to knowingly gather personal information about a person under the age of 13 without parental consent.  Here, the twelve-year-old must provide that information. 

What if you're doing research?  Forget it; no name and address, and the inquiry is over.  No fair use exception here. 

Now, the proposed bill has an exception for people who electronically disseminate “a commercial recording or audiovisual work to his or her immediate family, or within his or her personal network, defined as a restricted access network controlled solely by that person or people in his or her immediate household.“  Well, that's nice.  But what's a family?  And what about friends and colleagues and personal noncommercial use generally?  Isn't this a run towards a “personal digital network network environment” or PDNE?  (Some pronounce that acronym as “PID-nee” and smile.  Some don't smile.)  What's the relationship between that PDNE and traditional copyright law? 

(A great lobbying move:  soon if you object to the concept of a “family-use” exception you'll be tagged as being against the idea of families.)

Perhaps the statute is preempted, but it doesn't (except in the findings) talk about copyright.  In fact, like the broadcast flag rule, it aggressively does not deal with traditional copyright concepts. 

I have to agree with Arnold:  being a proud member of the California legislature should be a part-time position.

April 19, 2004 | Filed Under main page 

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