Congress Member Targets Peer-to-Peer Piracy

U.S. Representative Howard L. Berman (D-California) said Tuesday that he is taking aim at the "unbridled" piracy taking place over decentralized peer-to-peer file-sharing networks by introducing legislation that lets copyright holders employ tools to prevent illegal trading.

Berman previewed the legislation while speaking to the Computer and Communications Industry Association, saying that copyright holders have a disadvantage against P-to-P pirates under existing legislation.

"While P-to-P 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 in a transcript of his speech provided by his office. "This is not fair."

While the congressman said he believes in the potential benefits of P-to-P networks, he also thinks that most users engage in piracy, illegally downloading "billions" of copyright-protected works each month.

Self-Help Tools?

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.

Because certain state and federal laws--including the Computer Fraud and Abuse Act--may prohibit these measures, Berman said, he intends to stipulate in his bill that copyright holders be granted a safe harbor from liability for using such tools.

Details of the proposed bill are not yet clear because it is still being drafted. Nevertheless, P-to-P companies have already expressed dismay at the idea.

StreamCast Networks, operator of the popular Morpheus file-sharing network, released a statement Tuesday saying that it "vehemently" opposed to Berman's proposed legislation, which it said 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.

Latest Bill

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 Senator Ernest "Fritz" Hollings (D-South Carolina), seeks to incorporate digital rights management technologies in all consumer electronic devices.

The Hollings bill has drawn fire from consumer rights groups that fear it will substantially limit how buyers can use the content they purchase.

A spokeswoman for Berman said on Wednesday that she doesn't believe the Berman bill will run afoul of consumer rights groups, however, given that she "did not expect consumer groups to defend stealing."

Berman is set to formally introduce the bill to Congress in the couple of weeks, the spokeswoman said, and is hoping for a quick mark-up of the legislation.