New US bill allows tech measures to fight P2P piracy

Representative Howard L Berman introduced legislation in the US House of Representatives this week that aims to foil peer-to-peer piracy by giving copyright holders the ability to employ a variety of technological tools such as file blocking, redirection, spoofs and decoys.

          Representative Howard L Berman introduced legislation in the US House of Representatives this week that aims to foil peer-to-peer (P2P) piracy by giving copyright holders the ability to employ a variety of technological tools such as file blocking, redirection, spoofs and decoys.

          The widely anticipated bill targets decentralised P2P networks such as Morpheus, which have recently become the focus of copyright holders' attention given their swelling number of users and the difficulty they present when it comes to cracking down on piracy. Unlike in the case of Napster, the new P2P networks do not have a central server that can be shut down. Instead, the file-swapping takes place only through individual users' computers.

          In introducing the bill, Berman told Congress that while there is no "silver bullet" to stop piracy on decentralised P2P networks, he hoped to "enable responsible usage of technological self-help measures to stop copyright infringements on P2P networks."

          The California Democrat proposed a general safe harbour rule under which copyright holders would be able to employ technological measures to protect their copyright works, provided these measures do not damage users' computers and files or cause economic loss of more than $US50 per impairment.

          The bill does not specify what technologies can be used, but instead outlines the perimeters for their use. Berman has suggested in the past, however, that methods such as spoofing and file blocking could be employed.

          The law states, however, that copyright holders must notify the US Department of Justice (DOJ) of the technologies they intend to employ to fight against piracy before they use them. This clause would make the DOJ the watchdog for antipiracy measures.

          Additionally, the bill stipulates that affected file traders and their internet service providers (ISPs) should be able to get all relevant information regarding interdiction activities.

          "Contrary to widespread, if uninformed speculation, our legislation is narrowly crafted, with strict bounds on acceptable behavior by the copyright owners," Berman said in a statement.

          Still, opponents fear that the bill essentially authorises powerful copyright holders such as the Motion Picture Association of America and the Recording Industry Association of America to hack file traders' computers.

          The Association for Competitive Technology (ACT) released a statement offering general support for Berman's bill, however, saying that the group applauds the congressman's efforts to offer technological rather than regulatory solutions to piracy.

          Berman's bill is just the latest in a series of efforts to fight the growth of online piracy. Other proposed bills, such as that introduced by Senator Fritz Hollings, a Democrat from South Carolina, have been criticised for being too broad. Hollings' bill aims to place digital rights management controls in all electronic consumer devices, a move that civil rights advocates say would step on fair use rights.

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Tags P2P

More about ACTDepartment of JusticeDOJMorpheusMotionMotion Picture Association of AmericaNapsterRecording Industry Association of AmericaTechnologyUS Department of Justice

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