Washington, DC - Senator Sam Brownback (R-KS) today introduced the Consumers, Schools, and Libraries Digital Rights Management (DRM) Awareness Act of 2003. The Electronic Frontier Foundation (EFF) supports the bill as an important step toward balancing the rights of the public and the interests of entertainment industries in the age of digital commerce.
Senator Brownback's DRM Awareness Act safeguards the privacy of Internet users by preventing copyright holders from compelling an Internet service provider (ISP) to disclose the names or other identifying information of its subscribers prior to the filing of a civil lawsuit. The Recording Industry Association of America (RIAA) has used subpoenas, rubberstamped by court clerks, to obtain the identities of more than 1,600 Internet users.
"The digital age does not change Americans' basic rights to privacy and anonymity," said EFF Staff Attorney Wendy Seltzer. "Senator Brownback's bill ensures adequate court oversight is in place before copyright holders can force ISPs to disclose the identities of Internet users, restoring the notion that you are 'innocent until proven guilty' on the Internet."
The bill includes these provisions:
In addition, the bill helps protect the public's customary and fair use rights with respect to digital media.
"At a time when the entertainment industry is releasing unmarked copy-protected CDs into stores and asking the FCC to hobble innovators with federal regulations, Senator Brownback's bill recognizes that the federal government must act to protect the rights of law-abiding consumers and innovators," said EFF Legal Director Cindy Cohn. "We strongly support the Brownback bill and have set up the EFF website with an easy way for citizens to encourage Congressional representatives to co-sponsor the bill."
Senator Brownback's bill joins a number of other bills introduced this year to protect the public's interest in a balanced copyright system, including those of Senator Ron Wyden (D-OR), Representative Zoe Lofgren (D-CA), and Representative Rick Boucher (D-VA).
EFF will deliver to Congress a petition with over 37,000 signatures, gathered in less than a week, expressing public support for balance in copyright law, and requesting an invitation for EFF to participate in upcoming hearings. Senator Norm Coleman (R-MN) has begun investigations into the RIAA's subpoena tactics through the Senate Permanent Subcommittee on Investigations.
EFF is continuing to collect signatures on the petition and will deliver updates to Congress if the RIAA's lawsuit crusade continues.
Wendy Seltzer
Staff Attorney
Electronic Frontier Foundation
wendy@eff.org
Cindy Cohn
Legal Director
Electronic Frontier Foundation
cindy@eff.org
The Electronic Frontier Foundation is the leading civil liberties organization working to protect rights in the digital world. Founded in 1990, EFF actively encourages and challenges industry and government to support free expression and privacy online. EFF is a member-supported organization and maintains one of the most linked-to websites in the world at http://www.eff.org/
