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Friday, June 20, 2003

File sharing: Senator talks tough



WEEKEND MEMOS
'Weekend memos' give our editorial writers a chance to express their own opinions, comment on topics they have been writing about, or take a lighter approach. The opinions in 'Memos' do not always follow the Enquirer's editorial positions.
Senate Judiciary Committee chairman Orrin Hatch, R-Utah, suggested Tuesday that musical copyright owners should be able to wipe the computer hard drives of anyone who illegally downloads their music.

He later backpedaled on the proposal, saying his words were only meant as a last-ditch effort if more moderate ideas didn't work. Legal experts downplayed his comments, saying they only reflected his growing frustration in dealing with Internet-based copyright infringement.

Hatch said to warn them once, warn them twice and then, if they do it again, "destroy their computer." No need for findings of fact, a civil copyright infringement complaint and a jury trial. All that due process is highly overrated, right?

We could even extend this computer justice to other crimes. Let's send viruses to every machine used by corporate executives to defraud investors. Hamilton County Sheriff Simon Leis could even get in on it and infect any computers used to violate community standards.

Sarcasm aside, Hatch's frustrations are shared by many. It's tough to have patience with people who are clearly flaunting copyright laws and when confronted, offer rationalizations, not contrition.

First made popular by Napster in the late 1990s, illegal file sharing embodies the legal challenges of the information age. Seemingly everybody does it, but usually in such small amounts that it's not worth the authorities' time to investigate.

While Hatch's government-supported computer destruction program is unlikely to garner much support, it's not as far away from reality as you might think.

There already are companies that specialize in disrupting peer-to-peer networks. They don't discuss their operations much, but they work with copyright holders to track down and deal with file traders.

Hatch gave many political observers a good laugh with his over-the-top suggestion Tuesday. But Congress and the recording industry are losing patience with rampant copyright infringement.

Notice how Hatch didn't rule out making good on his threat someday.

Ben Fischer