U.S. Senator Prepares Digital-Copyright Bill

[Gregg Lengling]

Mon June 9, 2003 08:20 PM ET
By Andy Sullivan
WASHINGTON (Reuters) - Sen. Sam Brownback is preparing a bill that would limit digital copy-protection efforts, a move that could shatter the shaky congressional truce between the entertainment and technology industries.

The Kansas Republican's bill, which could be introduced this week, would limit some of the devices movie studios and recording companies use to prevent rampant copying of their products. It would also make it more difficult to track down those who trade songs and movies online.

The bill promises to revive a copyright debate that has remained largely dormant on Capitol Hill this year, after a series of high-profile hearings last year that pitted Hollywood executives pleading for stronger laws against Silicon Valley engineers who said they could stifle innovation.

While prospects for the bill remain far from clear, it is likely to bring the issue to the fore just as other unsuccessful bills have done in the past, observers say.

"I think they're taking great pains to move the debate forward," said Mike Godwin, senior technology counsel at Public Knowledge, a nonprofit group.

Brownback's bill requires copy-protected media to be clearly labeled and allows consumers to sell or donate digital media as long as they destroy their own copy.

Efforts to develop a copy-protection scheme for digital-TV broadcasts could be complicated by a section that prevents the Federal Communications Commission from mandating specific copy-control technologies.

Another section would require recording companies and other copyright investigators to clear an additional legal hurdle before forcing Internet providers to reveal the names of customers suspected of trading songs online. That would reverse a recent court ruling that requires Verizon Communications and other Internet providers to hand over customer names when investigators ask them to do so.

"We would like Congress at this point to step in and try to negotiate a legislative solution, so we're very pleased that Senator Brownback is interested in our issue," said Sarah Deutsch, a Verizon vice president.

The Recording Industry Association of America, which represents large record labels, said any effort to change existing digital-copyright laws would fail.

"This draft legislation is weighted down with a variety of bad public policy judgments hostile to all property owners," the RIAA said in a statement.

A Brownback aide said the bill would probably be introduced before the Commerce Committee holds a hearing on the issue.

A Commerce Committee spokeswoman said no hearing has been scheduled but that Sen. John McCain, the committee chairman, is open to the idea.

Reuters/VNU