Congressman takes aim at P2P piracy

IDG News Service - Representative Howard L. Berman (D-Calif.) said yesterday that he's taking aim at the "unbridled" piracy taking place over decentralized peer-to-peer (P2P) file-sharing networks by introducing legislation that would allow copyright holders to employ a variety of technological tools to prevent illegal trading.
Berman previewed the legislation while speaking to the Washington-based Computer & Communications Industry Association, saying that under existing legislation copyright holders are at a disadvantage against peer-to-peer pirates.
"While P2P technology is free to innovate new and more efficient methods of distribution that further exacerbate the piracy problem, copyright owners are not equally free to craft technological responses," Berman said, according to a transcript of his speech provided by his office. "This is not fair," he added.
Although the congressman said he believes in the beneficial potential of peer-to-peer networks, Berman also thinks that most users engage in piracy, downloading billions of copyright-protected works each month.
Berman is proposing that copyright holders be allowed to employ "technological self-help measures" such as file-blocking, redirection, spoofs, decoys and interdiction to stop illegal trading of their works.
Since these measures may be prohibited under certain state and federal laws, including the Computer Fraud and Abuse Act, Berman said he is proposing that copyright holders be granted a safe harbor from liability for using such tools.
The details of the proposed bill, which is still being drafted, aren't yet clear, but peer-to-peer companies have already expressed dismay at the idea.
StreamCast Networks Inc., the Franklin, Tenn.-based operator of the popular Morpheus file-sharing network, released a statement saying that it's "vehemently" opposed to Berman's proposed legislation, adding that it amounted to "an appalling attack on consumers' rights."
"[These] are not self-help tools; they are subversive tactics to attack the very person the media companies are trying to market to -- the consumer," said StreamCast Networks CEO Steve Griffin.
Berman's proposed bill comes on the heels of a slew of legislative efforts to curb piracy in the digital realm. Another bill, proposed by Sen. Ernest "Fritz" Hollings (D-S.C.) seeks to incorporate digital rights-management technologies in all consumer electronic devices (see story). The Hollings bill has also drawn fire from rights groups that fear it will substantially limit the way consumers use the content they purchase.
A spokeswoman for Berman said today that she doesn't believe his bill will run afoul of consumer rights groups, adding that she "did not expect consumer groups to defend stealing."
Berman is set to formally introduce the bill to Congress in a couple of weeks, the spokeswoman said, and he hopes for a quick markup of the legislation.