December 5, 2024

Archives for 2003

Senate Commerce Testimony: Post-Mortem

Today I testified at a Senate Commerce Committee hearing. The issue under discussion was whether (or how) the government should require the inclusion of DRM (anti-copying) technology in digital TV equipment. Here is my written testimony.

If you haven’t been to such a hearing, you might be surprised at some of what happens. For one thing, unlike the hearings you see on TV, some of the Senators are absent, and some come and go during the hearing. (A Senator is on multiple committees, and various hearings are going on simultaneously, along with other business.)

You would probably be disappointed as well at the quality of the debate. It’s not that debate doesn’t occur; and it’s not that the issues at hand aren’t important. But much time is wasted on posturing that is irrelevant to the nominal topic of the hearing and seems designed only to show that one side is purer of heart than the other. An example was the repeated references to porn on P2P networks. This had no connection to the hearing’s topic, and nobody even bothered to connect it to the topic. And none of the witnesses had any connection with P2P technology.

At the witness table, I was seated next to the one and only Mr. Jack Valenti, whom Senator Brownback laughingly introduced as “the eternal head of the MPAA.” Mr. Valenti was accompanied by a seeming army of helpers who passed him notes at a furious pace. He struck his usual apocalyptic tone – his testimony was titled “The Perils of Movie Piracy – and its dark effects on consumers, the million people who work in the movie industry, and the nation’s economy: Some facts, worries, and a look at the uncharted future”. The first paragraph is a real doozy:

No nation can lay claim to greatness or longevity unless it constructs a rostrum from which springs a “moral imperative” which guides the daily conduct of its citizens. Within the core of that code of conduct is a simple declaration that to take something that does not belong to you not only is wrong, but it is a clear violation of the moral imperative, which is fastened deep in all religions.

And this at a hearing about TV tuner regulation!

Mr. Valenti, characteristically, hit the P2P porn meme the hardest, even, in a surreal moment, inviting the Senators’ staffers to go download some porn from Kazaa and see for themselves how vile it is. As a parent, I had to chuckle on hearing the American movie industry complain about the distribution of inappropriate sexual content to kids. But then again the whole room seemed at times to be an irony-free zone.

Volokh and Solum Debate IP

Eugene Volokh and Lawrence Solum are having an interesting debate on the theory behind intellectual property. So far there have been four postings:

Volokh’s initial posting, explaining via a clever example why it might make sense to treat information as property

Solum’s response, challenging Volokh’s example

Volokh’s response to Solum

Solum’s response, digging deeper into the issue

Presumably we will see more on Volokh’s blog and Solum’s blog.

Senate Testimony

I’ll be testifying tomorrow morning at a Senate Commerce Committee hearing on “Consumer Privacy and Government Technology Mandates in the Digital Media Marketplace.”

The hearing is really about two topics: the DMCA subpoena process that allows copyright owners to learn the identities of Internet users (“Consumer Privacy”), and the impact of regulations that would require technology makers to build anti-copying technology into their devices (“Government Technology Mandates”). I’ll be on the panel discussing the second topic. Other witnesses on the panel will be Lawrence Blanford of Philips, Jack Valenti of the MPAA, and Chris Murray of Consumers Union.

I’ll post my written testimony here later. I’ll also post my impressions of the hearing afterward.

UPDATE (4:50 PM): It appears that a live Internet audiocast of the hearing will be available on capitolhearings.org, starting at 9:30 AM (Eastern). The hearing starts at 10:00 with a panel discussing the subpoena issue; I’m on the second panel.

A Virus Made Me Do It

According to press reports, an Alabama accountant has been acquitted on charges of tax evasion, after he argued that a computer virus had caused him to underreport his income three years in a row. He could not say which virus it was. Nor could he explain why it had affected only his own return, but not any of his clients’ returns which he had prepared on the same computer.

If the reports are accurate, the man’s claims sound bogus. I suppose the jury felt they had a reasonable doubt about whether his story was true.

It’s hard to see how juries can reach just outcomes in cases like this. Virus infestations are common, and it’s often hard to tell after the fact what happened. We’ll probably see more computer-virus defenses in cases like this, and some of them will lead to unjust verdicts.

This is yet another price we have to pay for the persistent insecurity of our computer systems.

[Thanks to Brian Kernighan for pointing out this story.]

More RIAA Suits to Come

Louis Trager at the Washington Internet Daily (no link; subscription only) reported yesterday that the RIAA is planning on filing hundreds of additional lawsuits against peer-to-peer users within the next month.

RIAA VP Matt Oppenheim also expressed outrage at the criticism of the group’s amnesty program. Trager quotes Oppenheim as saying, “We can only give away what we can give away….” Oppenheim also claims that the public supports the RIAA’s lawsuits, citing poll numbers and talk radio callins.