ACRL College & Research Libraries News

College & Research Libraries News

Washington Hotline

Camille Bowman and Carol Ashworth

Antipiracy bill introduced in the SenateThe chairman of the Senate Commerce, Science, and Transportation Committee, Ernest F. Hollings (D-South Carolina), has introduced a bill to stop piracy of copyrighted digital works. Hollings introduced the bill, the Consumer Broadband and Digital Television Act of 2002 (S. 2048) on March 21. The intent of the bill is to require electronics manufacturers to include anticopying technologies in consumer electronics such as computers, digital video devices, and other digital devices. Digital works would include embedded “flags” or watermarks so that computers and other digital devices would recognize the markers and play only copy-protected materials.

The bill comes at the encouragement of entertainment industry executives, such as Disney’s Michael Eisner, who claim they lose millions of dollars each year because of pirated content. Prior to introducing Hollings’s bill, the Senate Commerce, Science, and Transportation Committee held hearings on February 28 at which Eisner testified that government intervention was needed to ensure that the information technology industry develops technological standards to prevent piracy of digital content.

Studios say that if antipiracy technology were available, content providers would have incentives to make digital libraries of their films available to the public. Hollings’s bill encourages electronics manufacturers, technology companies, and content providers to develop technologies to prevent illegal copying of digital works while protecting the consumer’s right to make personal copies. Whether technology legislation can achieve the latter goal is one area of contention.

Information technology manufacturers ar- gue-that government intervention will only stifle innovation in the marketplace, resulting in fewer choices for consumers. Companies like Intel and Microsoft, and other groups like the Consumer Electronics Manufacturers AsCamille Bowman is legislative information specialist and Carol Ashworth is UCITA grassroots coordinator at ALA'S Washington Office, e-mail: cbowman@alawash.org and cashworth@alawash.org sociation, oppose the idea, stating that one technological solution does not fit all. Some also argue that once technologies are developed and put into place, hackers will find a way to circumvent the protection measures and render them useless.

The Senate Judiciary Committee also held a hearing on March 14 to discuss proposed government mandates for digital technology protections, “Competition, Innovation and Public Policy in the Digital Age: Is the Marketplace Working to Protect Digital Creative Works?” Chairman Patrick Leahy (D-Vermont) emphasized the committee’s historical role in balancing the rights and interests of consumers, creators, and innovators. Leahy, committee members, and panelists agreed that piracy of movies, music, and other creative content is a serious economic problem, but that preserving the right of consumers to flexibly use legally purchased copyrighted material is equally as important. The controversy rests in determining how to resolve the issue without compromising consumer rights; private sector negotiations continue.

Joe Kraus, founder of the Internet portal Excite, cautioned the committee about accepting standards designed by the content community who “will not admit that there is such a thing as ‘fair use.’ They will not admit that once consumers have legally purchased media that they should be free to engage with it in a wide variety of personal uses. This denial persists despite 30 years of congressional action and Supreme Court rulings affirming consumers’ fair use rights.” Kraus founded a digital consumer advocacy group that is pressing Congress to accept a digital consumer bill of rights, see http://www.digitalconsumer.org.

Hollings’s bill must be sent to the Senate Judiciary Committee, where it will be considered by committee chairman Leahy. Leahy has promised that no bill will be passed this year unless the technology industry and content providers can resolve their differences. He requested that the technology and content industries keep the committee apprised of their progress.

Hollings’s bill is cosponsored by Ted Stevens (R-Arkansas), Daniel K. Inouye (D- Hawaii), John B. Breaux (D-Louisiana), Bill Nelson (D-Florida), and Dianne Feinstein (D- California). ■

Camille Bowman is legislative information specialist and Carol Ashworth is UCITA grassroots coordinator at ALA'S Washington Office, e-mail: cbowman@alawash.organd cashworth@alawash.org