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Phaenx · 08-01-2003, 05:33 PM

Senator Wants Answers From RIAA

By Katie Dean | Also by this reporter Page 1 of 1

02:00 AM Aug. 01, 2003 PT

Sen. Norm Coleman is concerned the recording industry is taking an extreme approach in its attempt to quash online file trading and may hurt innocent people in the process.

On Thursday, Coleman (R-Minn.), chairman of the Senate Permanent Subcommittee on Investigations, asked the Recording Industry Association of America, or RIAA, to provide detailed information about the more than 900 subpoenas it has issued so far.

The RIAA has issued the subpoenas to universities and Internet service providers in order to obtain the names of file traders it suspects are violating copyrights. At the end of the month, the music trade group plans to file lawsuits against those caught offering "substantial" amounts of music for others to share. Penalties could run up to $150,000 per song.

"In this country, we don't chop off fingers for people who steal something," Coleman said. "I think we need to have a broader discussion about how to deal with this issue. I want to be sure that any process being utilized here is fair."

"The record industry has a legitimate concern about protecting copyright interests. I want to find out, does the punishment fit the crime?" he said. "I'm really looking for information now."

The senator asked for five pieces of information when he penned the letter to Cary Sherman, president of the RIAA: Copies of all the subpoenas, a description of the standard the RIAA uses to file an application for a subpoena, and an explanation of how the group is collecting evidence against alleged file sharers. Coleman also wants to know how the RIAA is protecting computer users' privacy and how the trade lobby is protecting people from erroneous subpoenas.

"The record industry let this issue get out of hand," Coleman said. "The cat's out of the bag. (The music industry) is doing the best they can to deal with that."

A study released this month by the Pew Internet & American Life Project found that 35 million U.S. adults download files and 26 million share files online.

Coleman said that none of his constituents have been subpoenaed, but that he has read stories about grandparents receiving subpoenas and families who could have college funds wiped out by a lawsuit from the music industry. Coleman said he is concerned about people doing "little stuff" getting "swept up in a net."

Coleman, who has two children, admitted that he's faced the issue himself as a parent.

"I've had this problem in my family," Coleman said. "I'm sure my children have used file-sharing programs."

"I have confessed to using Napster," he said, adding that he does not use any file-sharing programs anymore.

In his letter to Sherman, Coleman writes that he's also concerned about the barrage of subpoenas at the Washington, D.C., district court that has created "such a backlog" that the courthouse has reassigned clerks to help with the paperwork.

The RIAA issued a statement in response:

"We will be pleased to respond to the senator's request for information. It will confirm that our actions are entirely consistent with the law as enacted by the U.S. Congress and interpreted by the courts. It will demonstrate that our enforcement program, one part of a multipronged strategy, is an appropriate and measured response to the very serious problem of blatant copyright infringement confronting the entire music community.

"We are gratified that the senator recognizes the importance of protecting intellectual property."

Fred von Lohmann, senior staff attorney at the Electronic Frontier Foundation, said the issues Coleman raises "echo virtually all of the concerns that we have been raising for several months ever since Verizon challenged the use of the DMCA subpoena power to hunt down peer-to-peer users.

"We certainly welcome his interest," von Lohmann said.

On Wednesday, SBC Communications filed a lawsuit against the RIAA alleging that subpoenas it has received were filed in the wrong jurisdiction and violate customer privacy.

Earlier this year, Verizon lost a court battle with the RIAA and was forced to surrender names of four of its subscribers accused of copyright infringement. The company is appealing the ruling.

"Verizon shares in the senator's concerns about consumer privacy and safety," said Verizon spokeswoman Maureen Flanigan. "The RIAA is taking advantage of a window of opportunity to file rubber-stamped subpoenas even before the appeals court decides if the practice is constitutional."

08-01-2003, 05:33 PM	#1 (permalink)
Phaenx The Northern Ward Location: Columbus, Ohio	Republican Senator to the rescue? (RIAA) Senator Wants Answers From RIAA By Katie Dean \| Also by this reporter Page 1 of 1 02:00 AM Aug. 01, 2003 PT Sen. Norm Coleman is concerned the recording industry is taking an extreme approach in its attempt to quash online file trading and may hurt innocent people in the process. On Thursday, Coleman (R-Minn.), chairman of the Senate Permanent Subcommittee on Investigations, asked the Recording Industry Association of America, or RIAA, to provide detailed information about the more than 900 subpoenas it has issued so far. The RIAA has issued the subpoenas to universities and Internet service providers in order to obtain the names of file traders it suspects are violating copyrights. At the end of the month, the music trade group plans to file lawsuits against those caught offering "substantial" amounts of music for others to share. Penalties could run up to $150,000 per song. "In this country, we don't chop off fingers for people who steal something," Coleman said. "I think we need to have a broader discussion about how to deal with this issue. I want to be sure that any process being utilized here is fair." "The record industry has a legitimate concern about protecting copyright interests. I want to find out, does the punishment fit the crime?" he said. "I'm really looking for information now." The senator asked for five pieces of information when he penned the letter to Cary Sherman, president of the RIAA: Copies of all the subpoenas, a description of the standard the RIAA uses to file an application for a subpoena, and an explanation of how the group is collecting evidence against alleged file sharers. Coleman also wants to know how the RIAA is protecting computer users' privacy and how the trade lobby is protecting people from erroneous subpoenas. "The record industry let this issue get out of hand," Coleman said. "The cat's out of the bag. (The music industry) is doing the best they can to deal with that." A study released this month by the Pew Internet & American Life Project found that 35 million U.S. adults download files and 26 million share files online. Coleman said that none of his constituents have been subpoenaed, but that he has read stories about grandparents receiving subpoenas and families who could have college funds wiped out by a lawsuit from the music industry. Coleman said he is concerned about people doing "little stuff" getting "swept up in a net." Coleman, who has two children, admitted that he's faced the issue himself as a parent. "I've had this problem in my family," Coleman said. "I'm sure my children have used file-sharing programs." "I have confessed to using Napster," he said, adding that he does not use any file-sharing programs anymore. In his letter to Sherman, Coleman writes that he's also concerned about the barrage of subpoenas at the Washington, D.C., district court that has created "such a backlog" that the courthouse has reassigned clerks to help with the paperwork. The RIAA issued a statement in response: "We will be pleased to respond to the senator's request for information. It will confirm that our actions are entirely consistent with the law as enacted by the U.S. Congress and interpreted by the courts. It will demonstrate that our enforcement program, one part of a multipronged strategy, is an appropriate and measured response to the very serious problem of blatant copyright infringement confronting the entire music community. "We are gratified that the senator recognizes the importance of protecting intellectual property." Fred von Lohmann, senior staff attorney at the Electronic Frontier Foundation, said the issues Coleman raises "echo virtually all of the concerns that we have been raising for several months ever since Verizon challenged the use of the DMCA subpoena power to hunt down peer-to-peer users. "We certainly welcome his interest," von Lohmann said. On Wednesday, SBC Communications filed a lawsuit against the RIAA alleging that subpoenas it has received were filed in the wrong jurisdiction and violate customer privacy. Earlier this year, Verizon lost a court battle with the RIAA and was forced to surrender names of four of its subscribers accused of copyright infringement. The company is appealing the ruling. "Verizon shares in the senator's concerns about consumer privacy and safety," said Verizon spokeswoman Maureen Flanigan. "The RIAA is taking advantage of a window of opportunity to file rubber-stamped subpoenas even before the appeals court decides if the practice is constitutional." __________________ "I went shopping last night at like 1am. The place was empty and this old woman just making polite conversation said to me, 'where is everyone??' I replied, 'In bed, same place you and I should be!' Took me ten minutes to figure out why she gave me a dirty look." --Some guy