March 24, 2018

Fritz's Real Hit List

Seth Finkelstein suggests that I should reexamine my “Fritz’s Hit List” feature in light of the “leeway” concept. Seth says, in effect, that it is possible, or at least it might be possible, to redefine the scope of the Hollings CBDTPA so that it covers “what 99.9% of the population uses for business or entertainment,” while not covering the items on Fritz’s Hit List.

I started Fritz’s Hit List to illustrate the extreme overbreadth of the Hollings CBDTPA. This can’t be fixed by making minor adjustments to the bill, or by relying on leeway to cover a few exceptional cases. The bill’s scope is far, far too broad. That’s the real point of Fritz’s Hit List.

This raises the obvious question of whether the bill can be fixed. Is it possible to redefine “digital media device” so that it is broad enough to cover the things it “needs” to cover, yet narrow enough to leave out dolls, dictaphones, and dog toys?

That’s harder than it sounds. I don’t know how to write such a definition. I haven’t seen anybody else offer a good definition either. The CBDTPA’s authors gave us a definition that is pretty far off.

So here is my challenge to the advocates of the Hollings CBDTPA: When you respond to Fritz’s Hit List, don’t just say, “That isn’t what we meant.” Tell us – specifically – what you did mean.