Monday, November 20, 2006

Legalized computer intrusion? 

Congress is considering legislation to allow vigilantes to attack other people's computers.

Is this to allow shutting down spammers? To strike back at computer criminals?

No, it's to give studios and record labels the power to crack security on file sharing services.

the measure would permit copyright holders to perform nearly unchecked electronic hacking if they have a "reasonable basis" to believe that piracy is taking place.

This is wrong in every way I can think of.

Either you have rule of law or you don't. This bill would put copyright holders above the law. The legislation would immunize groups such as the Motion Picture Association of America and the Recording Industry Association of America from all state and federal laws if they disable, block or otherwise impair a "publicly accessible peer-to-peer network." The voice messaging system Skype is peer to peer; you can send files to chat partners; will the RIAA try to destroy it?

There will certainly be innocent victims. Under the law, the innocent victims wouldn't have meaningful legal recourse.

File sharing systems distribute free software with the permission of the volunteers who write the software. Under this law, a studio could destroy the legitimate uses if there were also people downloading music without authorization.

If there's no effective legal recourse, then there's nothing except the conscience of the record company executives to stop them from attacking anyone they choose, "pirate" or not.

It's real easy to hit bystanders with some of the attack tools out there.

If you're in the districts of Howard Berman, D-CA, or Howard Coble, R-NC, this is the kind of representation you're getting.

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