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CCIA Opposes Hollywood Vigilante Legislation
Washington, DC - The Computer & Communications Industry Association (CCIA) criticized the introduction today of anti-Peer-to-Peer legislation by Congressman Howard Berman (D-California). The bill, H.R. 5211, would permit copyright owners to disable computers they suspect of containing copyright infringing material. "We reject the premise of this bill that content owners should be entitled to ‘vigilante justice' for suspected copyright violations," said Ed Black, President and CEO of CCIA. "Hollywood moguls have long railed against illicit tampering with their protected content by ‘hackers' and ‘Internet pirates.' Now the Hollywood studios and the recording industry seek statutory authority for their own hacking, spoofing, and virus attacks, with the capability to shut down many Internet websites and services at their discretion." Congressman Berman's bill would exempt copyright owners from criminal and civil liability for "disabling, interfering with, blocking, diverting, or otherwise impairing" any infringing data on another computer, as long as they have a "reasonable basis" for doing so. Copyright owners need only provide notice to the Justice Department of its intent to do so, and are liable for damages only if a victim can prove that they "knowingly and intentionally" took action without a reasonable basis, and then only after petitioning the U.S. Department of Justice to investigate and validate their claim. "The breadth of the safe harbor provisions, combined with the severe limitations on suits by aggrieved parties, are really tantamount to license for content owners to strike wherever they see fit," said Black. "Our industry has recently experienced a rapid rise in cyber-attacks against our networks and secure systems, and the last thing we need is to create a protected group of hackers. No other industry has been deputized to prosecute its own enforcement actions, and we see no compelling reason to provide this enormous grant of power to Hollywood."
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