Ok, I was all ready to go ballistic over this one, but after reading the text of the bill, I'm not really seeing the issue.
A few quick notes:
SEC. 4. PERMITTED ACTS.
(a) INDEPENDENTLY GENERATED OR GATHERED INFORMATION- This Act shall not restrict any person from independently generating or gathering information obtained by means other than extracting it from a database generated, gathered, or maintained by another person and making that information available in commerce.
What's wrong here is that it makes it easy for big corporations with deep pockets to keep the little guy from being a nuisance/competitor.
Who can afford to litigate against a Fortune 500 company whether his database is or is not misappropriated from theirs? How can you ever establish that you independently generated your database?
When ownership of fact can be the basis of a civil suit, the individual is shut out. Like software patents, the big corporations will own portfolios of databases that they wi
it makes it easy for big corporations with deep pockets to keep the little guy from being a nuisance/competitor
It's much more than that. Often, "big corporations" aren't the licensees of the data; smaller entities are (such as is the case in many state data distribution contracts, e.g. DMV databases which are auctioned off like radio spectrum in an irresponsible manner). Subsequently, the "evil big corporation" matter is a red herring. We need to keep the eye on the fundamental - the government's aspiration to implement a Stationer's register [bartleby.com] system that requires the authority of the crown in order to access public information. Imagine the absolute power politicians will have in defining who can and cannot see public records.
Per the original post's critique link:
H.R. 3261...would create a new federal property right in online and offline databases (collections of information), and give the federal courts power to police the use of information in databases.
This is much more than a theft of public information (again, mirroring the FCC's approach to spectrum auctions). Much of this government information is necessary for ensuring compliance. Imagine, for instance, if driving laws were maintained in a Federal database, but access to that database required a $25,000 annual fee.
Failure to have access to this database would result in recurring noncompliance; e.g. making normal citizens recurring lawbreakers.
Certainly many politicians aspire to extend a political system that ensures all citizens are lawbreakers and subsequently dependents upon the system. Concealing public information which is necessary for legal compliance is a terrible move towards tyranny.
H.R. 3261 would allow federal courts to impose stiff penalties if someone uses information from a database that a corporation claims to own.
Almost sounds like it was written by Kafka:
"I'm sorry sir, but to divulge what crime you have been charged with, absent proper licensing and permitting of your access to the Federal crimes database, would be a crime of itself. Certainly you wouldn't wish to compound matters, would you?"
Incidentally, I see that Rep. Billy Tauzin [house.gov], known as the loyal Representative from BellSouth [newnetworks.com], is a cosponsor of this bill. Good rule of thumb: if Billy's involved, it's probably not on the level.
(1) IN GENERAL- Except as provided in paragraph (2), protection under this Act shall not extend to--
(A) a database generated, gathered, organized, or maintained by a Federal, State, or local governmental entity, or by an employee or agent of such an entity, acting within the scope of such employment or agency; or
(B) a database generated, gathered, or maintained by an entity pursuant to and to the exte
"Be there. Aloha."
-- Steve McGarret, _Hawaii Five-Oh_
I don't see what's wrong here (Score:5, Informative)
A few quick notes:
Re:I don't see what's wrong here (Score:5, Insightful)
What's wrong here is that it makes it easy for big corporations with deep pockets to keep the little guy from being a nuisance/competitor.
Who can afford to litigate against a Fortune 500 company whether his database is or is not misappropriated from theirs? How can you ever establish that you independently generated your database?
When ownership of fact can be the basis of a civil suit, the individual is shut out. Like software patents, the big corporations will own portfolios of databases that they wi
what's wrong here (Score:4, Insightful)
It's much more than that. Often, "big corporations" aren't the licensees of the data; smaller entities are (such as is the case in many state data distribution contracts, e.g. DMV databases which are auctioned off like radio spectrum in an irresponsible manner). Subsequently, the "evil big corporation" matter is a red herring. We need to keep the eye on the fundamental - the government's aspiration to implement a Stationer's register [bartleby.com] system that requires the authority of the crown in order to access public information. Imagine the absolute power politicians will have in defining who can and cannot see public records.
Per the original post's critique link:
H.R. 3261
This is much more than a theft of public information (again, mirroring the FCC's approach to spectrum auctions). Much of this government information is necessary for ensuring compliance. Imagine, for instance, if driving laws were maintained in a Federal database, but access to that database required a $25,000 annual fee.
Failure to have access to this database would result in recurring noncompliance; e.g. making normal citizens recurring lawbreakers.
Certainly many politicians aspire to extend a political system that ensures all citizens are lawbreakers and subsequently dependents upon the system. Concealing public information which is necessary for legal compliance is a terrible move towards tyranny.
H.R. 3261 would allow federal courts to impose stiff penalties if someone uses information from a database that a corporation claims to own.
Almost sounds like it was written by Kafka:
"I'm sorry sir, but to divulge what crime you have been charged with, absent proper licensing and permitting of your access to the Federal crimes database, would be a crime of itself. Certainly you wouldn't wish to compound matters, would you?"
Incidentally, I see that Rep. Billy Tauzin [house.gov], known as the loyal Representative from BellSouth [newnetworks.com], is a cosponsor of this bill. Good rule of thumb: if Billy's involved, it's probably not on the level.
*scoove*
Re:what's wrong here -- RTFB (Score:2)
(B) a database generated, gathered, or maintained by an entity pursuant to and to the exte