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Senate Hearing Webcast Today On DMCA Subpoena Powers 21

An anonymous reader sends this clipping from the Senate Commerce committee website about today's hearing into "consumer privacy implications of the use of subpoena powers by copyright holders to obtain the identities of Internet subscribers allegedly infringing on their copyrights. Members also will examine whether the government can mandate content protection technologies without limiting consumers' legal uses of digital media products. Senator Brownback will preside. Tentative witness list will be available at a later time." Here's a link to both the schedule and the webcast itself; it starts at 10:00 a.m., EST.
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Senate Hearing Webcast Today On DMCA Subpoena Powers

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  • It is important that the right to subpoena is upheld and protected by both the Courts and Congress. Without it, the courts become helpless and powerless.

    It is just as important to be able to subpoena customer information as it is to be able to demand information through the FOIA, just as it is to be able to demand that the government be accountable. It is important that citizens be able to demand satisfaction from those who violate the law and injure them.

    This does not mean that one condones the RIAA's
    • by Mattcelt ( 454751 ) on Wednesday September 17, 2003 @08:07AM (#6984842)
      I really don't think the 200-year-old subpoena process will be in jeopardy here. This has to do specifically with what may be overbroad capabilities given to companies who want to use FUD to keep the masses "in line". Because of the poorly constructed nature of the DMCA, the system it enables is rife with abuse, and it is finally coming to the attention of the ones who made the mistake in the first place.

      Does anyone know who is sponsoring this event?
      • The hearing is being held by the U.S. Senate Committee on Commerce, Science & Technology. The chairman of the committee is Norm Coleman, the freshman senator from Minnesota... He has been fairly outspoken against the recent tactics of the RIAA...
    • by IshanCaspian ( 625325 ) on Wednesday September 17, 2003 @08:37AM (#6985054) Homepage
      This is about whether CORPORATIONS can issue subpoenas. That was NEVER intended by our Government's framers. The governement represents, or at least, ought to represent, the will of the people. The RIAA represents the desire of rich greedy people to get more money by knifing artists and the people.

      Quite simply, this enforcement campaign would never happen without the DMCA, because people don't consider copyright infringement to be a serious crime. Before the DMCA, enforcement of copyright law was generally in touch with the public's perception. There was no public outcry, so the police only cracked down on huge cracker rings.

      The DMCA is the hijacking of the will of the American people for corporate profit. The RIAA wants to use our "basic human rights" to bleed us dry. It already has laid claim to powers reserved for our government, while declaring itself immune to the protections of the constitution, especially against unreasonable search and seizure. So please, the last thing I want to hear some ignorant troll bitching about is how we're depriving the RIAA of its rights.
      • This is about whether CORPORATIONS can issue subpoenas. That was NEVER intended by our Government's framers.

        It can also be argued that the framers never intended the federal government to make legislation about the media in the first place. Why should the government protect the business model of a company that employs rot13 to protect its products, for example?

        We need more natural selection, not less.

        • You post is actually about as untrue as they come. The constitution granted congress the power to create copyright laws. Copyright laws protect media/content creators.

          Man I hate it when people mess up such simple constitutional concepts.

          Article I.(Legislative powers)
          Section 8.
          Clause 8.
          To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries
          • The constitution granted congress the power to create copyright laws.

            Okay agreed (my post was too generalized), but what about laws that inhibit other people's constitutional rights? DRM that can't be reverse engineered is just dangerous. For example, if a company went out of business without closure regarding their encryption formats, people should have a right to figure out the technology for interoperability. While a company can obscure their formats to any degree, once those formats are in the wild
    • Sadly, I am not as informed on this issue as I should be.... But isn't the primary issue or complaint with the DMCA subpoena process that the subpoena is issued without any judicial oversight? Granted even court issued subpoenas are usually just rubber-stamped by the Clerk's office, but still...
      It would be nice if the procedure was that the copyright holder issues the subpoena to the ISP, and the ISP then forwards it to the account owner. And then the account owner can move anonymously through an attorn
  • Heh (Score:4, Interesting)

    by 4of12 ( 97621 ) on Wednesday September 17, 2003 @08:05AM (#6984826) Homepage Journal

    This should be fun.

    After the parade of ridiculous witnesses showing the *AA lawyer goons going after Joe Citizen the Department of Justice and John Ashcroft will be embarrassed that their Patriot Act is a wimp by comparison.

    Seriously, though, it should give some people pause when some random 11 year old getting sued by the RIAA for a "gravely serious violation of copyright law causing billions in loss CD sales" tells everyone that they aren't making tons of money selling "stolen" tracks that get off the internet, tracks that they hear all time on the radio anyway so what's the big deal?

    It's really hard for common people to take this artificial issue seriously - they can't identify with the problem, because it's only genuinely serious problem to the people whose money stream is affected by unrestricted trade of media.

    • Re:Heh (Score:3, Interesting)

      by Oddly_Drac ( 625066 )
      "This should be fun."

      It was before the link crapped out. EMI Boss Jim Rose was claiming poverty, but I'm guessing that's got nothing to do with Mariah Carey's $28 million flop and the $49 million they gave her to get out and never come back.

      The point has been made that you shouldn't expect privacy if you open your machine up to peer-to-peer networks, to which I suspect the DoD would be interested. Wouldn't this mean that anyone has a right to explore any non-firewalled machine?

      EMI has claimed 2500 e
  • by orthogonal ( 588627 ) on Wednesday September 17, 2003 @08:45AM (#6985118) Journal
    Crap. The webcast requires RealPlayer.

    Maybe Ashcroft wants every viewer's RealPlayer to phone home IP addresses, to later check each address for running Kazaa.

    I don't think I have time to figure out which sub-sub-sub-menu of the 11 tab page RealPlayer config contains the 47 ambiguously named checkboxes that I'll have to alternately check or uncheck in order to turn off the spyware.
    • Do what I do.... list your email address as bob@dole.com Sure, ole Bob probably gets quite a bit of needless spam, but hey, it's not like he has anything else to do.
  • by Theresa Bean ( 659418 ) on Wednesday September 17, 2003 @08:55AM (#6985193) Journal
    "Members also will examine whether the government can mandate content protection technologies without limiting consumers' legal uses of digital media products."

    If Congress attempts to mandate any kind of copy protection technology, they have deliberately, knowingly, and unabashedly sacrificed their Constitutional responsibility to protect the rights of the people for the protection of billions of dollars for a few CEO's controlling the RIAA member companies. That kind of elitist "scratch-my-back" bullshit goes against everything that this country was founded on!

    It's been said before, but the recording industry's business model is completely ridiculous. The reason people most download is because bands don't actually produce enough quality material to justify the price of a whole album. However, record companies no longer produce cheap singles. So rather than feed money to the hungry beast, consumers look elsewhere.

    It's not the job of Congress to protect the interests of the self-righteous assholes who run the RIAA. The fact these money grubbers get so much attention, while our country is facing real problems shows just where our elected officials' interests lie. FWIW, at the time Napster was still around and Kazaa was waiting in the trenches, record sales were at all time highs. And the RIAA had the cojones to claim that file sharing was hurting business!
    • Where have you been!?!?!?!?!? Congress has "deliberately, knowingly, and unabashedly sacrificed their Constitutional responsibility to protect the rights of the people" so many times and for so many years that if violation of thier oath of office, there is enough public record to convict just about every current or former senator or representatiive still living! I agree with you that they shouldn't be protecting the rights of corporations - but they do because it is corporations that pay to get them elec
  • by LazyBoy ( 128384 ) on Wednesday September 17, 2003 @09:55AM (#6985692)
    Uh. Shouldn't they be safeguarding the privacy of citizens, not consumers.

    When did these words become interchangeable?

    There's a subtle bias involved. Ask yourself this:
    Is it more important to protect consumers or producers?
    Is it more important to protect citizens or corporations?

    • by Anonymous Coward
      Uh. Shouldn't they be safeguarding the privacy of citizens, not consumers.

      Yes, but it's nicer than refering to us as sheep :)
    • Is it more important to protect consumers or producers?
      Is it more important to protect citizens or corporations?


      Actually, that last one could also be "Is it more important to protect citizens or government?"

      The government should be able to defend its actions. Does the DMCA add up? How about the PATRIOT Act? Citizens need to ask these questions daily.

  • ... from the Center for Democracy and Technology website.

    http://www.cdt.org/testimony/030917davidson.shtml [cdt.org]

    A quick google on todays event turns up surpisingly little. It is shameful how the media conglomerates are sweeping DMCA related stories under the rug.
  • Stolen from 'The Onion':

    Revised Patriot Act Will Make It Illegal To Read Patriot Act
    WASHINGTON, DC--President Bush spoke out Monday in support of a revised version of the 2001 USA Patriot Act that would make it illegal to read the USA Patriot Act. "Under current federal law, there are unreasonable obstacles to investigating and prosecuting acts of terrorism, including the public's access to information about how the federal police will investigate and prosecute acts of terrorism," Bush said at a press conf
  • Well, I watched part of this, and I'd have to say that the Congresswoman with the short dark hair and the red shirt (didn't catch her name, or what state she was from, assuming California since she said that content industries are a major player in her state) is the Stupidest Person Alive. She was blasting William Barr (Verizon) for including in a Verizon brochure something along the lines of, "There are music downloading services that you can pay for, and also free ones, but the free ones have ads," becaus

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