CRA Government Affairs

Tech Daily (sub. req’d) reports on a Senate bill introduced yesterday by Sen. Patrick Leahy (D-VT) that would allow the Justice Department to file civil lawsuits and bring criminal charges against song-swappers using peer-to-peer networks. Complaints from content providers about the relatively few numbers of criminal prosecutions for file trading apparently led Leahy to introduce the bill (S. 2237 — should be available online shortly). Currently, the government has to prove that song traders demonstrate “willful conduct” to bring criminal charges. Leahy’s bill apparently lowers that threshold. Judiciary Chairman Orrin Hatch is a co-sponsor. RIAA and MPAA are on board:

“This legislation provides federal prosecutors with the flexibility and discretion to bring copyright-infringement cases that best correspond to the nature of the crime,” said Mitch Bainwol, CEO of the Recording Industry Association of America.
     “I commend Senators Patrick Leahy and Orrin Hatch for their vision and leadership in combating the theft of America’s creative works,” said Jack Valenti, CEO of the Motion Picture Association of America.

More info as it becomes available….

Business Week is running a special report on US R&D policy and how America may be slipping down the curve compared with other countries. Some choice quotes:

For anyone concerned about strengthening America’s long-term leadership in science and technology, the nation’s schools are an obvious place to start. But brace yourself for what you’ll find. The depressing reality is that when it comes to educating the next generation in these subjects, America is no longer a world contender. In fact, U.S. students have fallen far behind their competitors in much of Western Europe and in advanced Asian nations like Japan and South Korea.
This trend has disturbing implications not just for the future of American technological leadership but for the broader economy. Already, “we have developed a shortage of highly skilled workers and a surplus of lesser-skilled workers,” warned Federal Reserve Board Chairman Alan Greenspan in a March 12 address at Boston College. And the problem is worsening. “[We’re] graduating too few skilled workers to address the apparent imbalance between the supply of such workers and the burgeoning demand for them,” Greenspan added.
As a result, “the future strength of the U.S. science and engineering workforce is imperiled,” the National Science Board warned in a sweeping report issued last year.
– from “America’s Failure in Science Education
William Harris spent most of his career in the U.S. teaching chemistry or working at the National Science Foundation, where he was responsible for doling out $750 million a year in federal grants. But three years ago, Harris, now 59, moved to Ireland, the land of his forebears, to help turn it into a technology power.
He became director general of Science Foundation Ireland (SFI), which since its founding in 2000 has attracted dozens of internationally renowned scholars from the U.S., Britain, Germany, and Russia. The newcomers get labs, promises of fast response to requests for assistance, and, most important, money for research into cutting-edge areas such as nanotechnology. SFI has $1 billion to play with — an enormous resource for a country of just 4 million people.
FERTILE CULTURES.  The intent is to emulate America’s success as a worldwide technology leader — a transformation that not just Ireland but China, South Korea, India, and Israel, among others, intend to replicate. As these countries make their run for glory, they could eat into America’s dominance, experts say. “The U.S. has more aggressive competition than it has had in the past decade or so,” notes Erich Bloch, a principal at Washington Advisory Group, management consultancy in Washington, D.C.
Already, the European Union has outstripped the U.S. in the number of scientific papers it publishes in major journals every year. That’s a key barometer of a region’s reputation in the scientific world, says R.D. Shelton, president of technology assessment for the nonprofit World Technology Evaluation Center in Baltimore. And the international pressure will only grow as other governments support their domestic companies with ambitions in telecommunications, semiconductors, and nanotechnology, among other initiatives.
– from Challengers to America’s Science Crown

Though the articles note (and the interview with White House Office of Science and Technology Policy Director John Marburger also mentions) that information technology R&D has been a focus of US federal R&D efforts, it’s also worth pointing out that the Bush Administration request for IT R&D in FY 2005 is for a reduction of 1 percent in spending vs. FY 2004. And that level is still $685 million below the funding level recommended by the President’s Information Technology Advisory Committee way back in 1999.
Here’s more detail from CRA’s Computing Research News Online.

Wired has an eye-opening article on a draft letter circulated by the California Attorney General’s office to other state attorneys general that suggests peer-to-peer software producers are making a “dangerous product” and that the failure of technology makers to warn consumers could constitute a deceptive trade practice. More intriguing is that Wired obtained a copy of the draft document (a Word file) and reports that the document’s metadata suggests it was either authored by or reviewed by the Motion Picture Association of America.
The letter represents a continuation of the attack on P2P technologies themselves — rather than a focus on the illegal activities — begun by groups like MPAA and RIAA. From the letter (which is intended for P2P software producers):

It is widely recognized that P2P file-sharing software currently is used almost exclusively to disseminate pornography, and to illegally trade copyrighted music, movies, software and video games. File-sharing software also is increasingly becoming a means to disseminate computer worms and viruses. Nevertheless, your company still does little to warn consumers about the legal and personal risks they face when they use your software to “share” copyrighted music, movies and computer software. A failure to prominently and adequately warn consumers, particularly when you advertise and sell paid versions of your software, could constitute, at the very least, a deceptive trade practice.

Fred Lohman, of The Electronic Frontier Foundation, is quoted a bit later in the article in reaction:

It’s one thing for the MPAA to come up with a theory like that, but it would be quite another for a state attorney general to adopt it. The principle has no limit — you can use Internet Explorer to violate the law or unintentionally access pornography, so does he want to suggest that Microsoft is also breaking the law? Why stop at the Internet — should Ford be held liable for failing to warn drivers that exceeding the speed limit will expose them to citations?”

Here are the other behaviors the letter writers believe characterize P2P programs:

Whether it is the widespread availability of pornography, including child pornography, the disclosure of sensitive personal information to millions of people, the exposure to pernicious computer worms and viruses or the threat of legal liability for copyright infringement, P2P file-sharing software has proven costly and dangerous for many consumers.

Not a very optimistic view of the technology….
Anyway, it’s not surprising that MPAA may have been involved in drafting the document, but that doesn’t make it any less unseemly. If nothing else it shows they still have a bit to learn about digital content.