Lawmakers Hope to Help Manage Digital Rights
Congress Considers New
Anti-Piracy Legislation
by Jonathan Yarowsky
NATO Washington Counsel
On several occasions over the past few years,
we have discussed in this space the increasing concern
over digital
piracy of copyrighted works. With the worldwide reach of
the Internet and ingenious technology applications that
can re-digitize pirated works and then spread them far
and wide before the opening date of a first-run movie,
the problem has only grown more serious for the movie and
content industry.
NATO continues to show its commitment to
protecting entertainment products through its collaborative
work with movie studios
and others, legal proceedings, educational campaigns and
federal and state legislative efforts, and in the digital
cinema arena. This public policy debate falls under the
broad heading of “digital rights management” (DRM),
meaning any system designed to limit a user’s ability
to make use of digital content. Understanding the importance
of this issue to the future of the entire motion picture
industry, NATO has made piracy a larger concern in 2003,
and as such has been increasingly active in supporting
the efforts of the Motion Picture Association of America
and others in fighting digital piracy.
| H.R. 2752 would provide law enforcement
with other anti-piracy tools, such as additional funds,
and impose a prison sentence of up to five years for
anyone who makes copyrighted material available over
a computer network without permission. |
In the legislative arena, Congress continues
to consider options for how to best resolve the competing
issues of significant content protection, “fair use” of
products by consumers, and technological advancements.
Some in Congress continue to encourage the private sector
to develop uniform standards; some see a more proactive
role for the federal government in helping to direct the
standards-setting process; others favor a private sector/public
sector partnership to drive the process forward.
In recent months, a number of members of
Congress have sponsored new legislation intended to defeat
piracy in
the dynamic technological world by giving consumers,
law enforcement, and creators of content added tools to
protect
their rights. Two new Congressional proposals have been
introduced to enhance law enforcement resources in discovering
and prosecuting copyright infringement. One proposal
would broaden the definition of what is covered by copyright
law; the other bill seeks to deter piracy by increasing
the penalties for making copyrighted material available
over the Internet without permission.
The Piracy Deterrence
and Education Act of 2003 (H.R. 2517). “The Piracy Deterrence and Education Act of
2003” was introduced in June by Rep. Lamar Smith
(R-Texas), chairman of the House Judiciary Committee’s
Subcommittee on Courts, the Internet, and Intellectual
Property (CIIP), together with Rep. Howard Berman (D-Calif.),
ranking member of that subcommittee, and Rep. John Conyers
(D-Mich.), ranking member of the full House Judiciary Committee.
The Piracy Deterrence and Education Act
targets two of the most basic elements of the effort to
stop piracy – consumer
education and deterrence through enhanced penalties. Recognizing
that consumers must know that piracy of movies, recordings,
and other copyrighted works is wrong, and that there are
real consequences to unauthorized reproduction and distribution,
the bill would create aggressive warning, education and
enforcement programs within the Federal Bureau of Investigation
and within the associate attorney general’s office.
Additionally, the bill provides that the owner of a pirated
work could claim criminal copyright infringement even if
the work is not officially registered with the U.S. Copyright
Office. On July 17, Smith’s subcommittee held a hearing
on H.R. 2517 where the bill’s provisions were roundly
endorsed by the witnesses who had been invited to testify.
However, some public interest groups who
did not appear at that particular hearing have joined representatives
of technology industries in expressing concerns that the
legislation might curtail the “fair use” and
privacy rights of consumers and interfere with the free
market development of technology-based products and services.
Earlier this year, Rep. Rick Boucher (D-Va.), an important
member of both the House Judiciary and House Energy and
Commerce Committees, re-introduced his fair use legislation “with
the announced goal of protecting the fair use rights of
the users of copyrighted material and thereby enabling
the consumers of digital media to make use of it in ways
that enhance their personal convenience.” The bill
was referred to the House Energy and Commerce Committee,
but no further action has been taken on the legislation.
The Author, Consumer,
and Computer Owner Protection and Security Act of 2003
(H.R. 2752). On July 13, two Democratic
members of the House Judiciary Committee introduced another
anti-infringement bill that might be combined with the
Piracy Deterrence and Education Act of 2003. Conyers and
Berman introduced H.R. 2752, the “Author, Consumer,
and Computer Owner Protection and Security (ACCOPS) Act
of 2003.”
The ACCOPS Act is intended to provide authors,
consumers and computer owners with protection against several
online
threats. The bill would provide law enforcement with
other anti-piracy tools, such as additional funds and increased
information sharing among domestic and international
enforcement
agencies; and it would impose a prison sentence of up
to five years for anyone who makes copyrighted material
available
over a computer network without permission. The legislation
would also take the significant step of creating a new
federal offense of camcording a movie in a theatre without
authorization.
Lawmakers Struggle with Competing Priorities. Understandably,
many lawmakers are grappling with what should be the
appropriate
role of the federal government in protecting intellectual
property, while not unduly dampening new generations of
technological innovation beneficial to the consumer. As
Congress continues to consider anti-piracy legislation,
some legislators, like Billy Tauzin (R-La.), head of the
House Energy and Commerce Committee, and chairman Orrin
Hatch (R-Utah) of the Senate Judiciary Committee, continue
to encourage private industry negotiations as the appropriate
means for creating a standard by which content can be protected.
These members have indicated a strong preference for a
consensus solution, rather than for legislative mandates.
As this important policy debate continues
to unfold, we
will be working hard to ensure that movie theatres continue
to thrive in a digital world where “public policy” often
has to struggle to keep pace with technological change. 
