Copyright Enforcement, Now Featuring Wiretaps!

Declan McCullagh at CNET on the Obama White House's latest proposals to expand tough enforcement of copyright law, including wiretaps. Details:

The White House today proposed sweeping revisions to U.S. copyright law, including making "illegal streaming" of audio or video a federal felony and allowing FBI agents to wiretap suspected infringers.

In a 20-page white paper (PDF), the Obama administration called on the U.S. Congress to fix "deficiencies that could hinder enforcement" of intellectual property laws….

Some of the highlights:

• The White House is concerned that "illegal streaming of content" may not be covered by criminal law, saying "questions have arisen about whether streaming constitutes the distribution of copyrighted works." To resolve that ambiguity, it wants a new law to "clarify that infringement by streaming, or by means of other similar new technology, is a felony in appropriate circumstances."

• Under federal law, wiretaps may only be conducted in investigations of serious crimes, a list that was expanded by the 2001 Patriot Act to include offenses such as material support of terrorism and use of weapons of mass destruction. The administration is proposing to add copyright and trademark infringement, arguing that move "would assist U.S. law enforcement agencies to effectively investigate those offenses."

• Under the 1998 Digital Millennium Copyright Act, it's generally illegal to distribute hardware or software–such as the DVD-decoding software Handbrake available from a server in France–that can "circumvent" copy protection technology. The administration is proposing that if Homeland Security seizes circumvention devices, it be permitted to "inform rightholders," "provide samples of such devices," and assist "them in bringing civil actions."

The term "fair use" does not appear anywhere in the report. But it does mention Web sites like The Pirate Bay, which is hosted in Sweden, when warning that "foreign-based and foreign-controlled Web sites and Web services raise particular concerns for U.S. enforcement efforts." (See previous coverage of a congressional hearing on overseas sites.)

The usual copyright hawks, including the U.S. Chamber of Commerce, applauded the paper, which grew out of a so-called joint strategic plan that Vice President Biden and Espinel announced in June 2010.

The White House white paper in question. A link does not constitute copyright infringement. Jeez, I hope….

Jesse Walker from Reason magazine's March 2000 issue on how intellectual property law can conflict with free culture.