For more information, contact: Shari Steele, Electronic Frontier
Foundation 301.375.8856 or ssteele@eff.org


Electronic Frontier Foundation Urges US Sentencing Commission to Draft
Reasonable Guidelines for New Criminal Copyright Law

WASHINGTON, DC--March 12, 1998--The Electronic Frontier Foundation
(EFF) today called on the US Sentencing Commission to take a reasoned
approach to sentencing noncommercial violators of the No Electronic
Theft (NET) Act.  The NET Act was passed by Congress last year to
expand criminal copyright penalties to noncommercial reproduction of
software products.

In testimony delivered to the Commission, which is charged with
providing direction to federal judges assigning punishments for
criminal convictions, EFF Staff Attorney Shari Steele said, "Without
reasonable sentencing guidelines for the NET Act, many individuals who
had no intention of depriving the copyright owner of profits will be
subject to very harsh punishments.  For example," she added, "a father
who gives his old computer with software loaded on it to his
college-bound daughter would be criminally liable under the NET Act if
he loaded that software again on his new computer.  Depending on the
value of the software, that father could face similar punishment to
someone selling pirated copies of software.  That's just not right."

In its comments, EFF pushes for the Commission to treat noncommercial
infringements less harshly than commercial ones.  EFF proposed a
downward departure from the guidelines for individuals who commit less
serious offenses.

EFF also argues for the Commission to define the culpability of
copyright violators by the retail value of the software that has been
copied.  The Department of Justice, on the other hand, recommended
defining culpability according to the perceived loss to the copyright
holder.  Retail value is a much more objective measure of harm.

"Someone who engages in small copyright violations, such as limited
trading of low cost software, deserves a lesser punishment than
someone who sells mass amounts of high dollar items," Steele
explained. "The government's 'perceived loss' standard is far too
subjective."

"The NET Act can work grave miscarriages of justice," said EFF
President Barry Steinhardt. "The Sentencing Commission should temper
its effects with mercy," Steinhardt said.

The Electronic Frontier Foundation is a nonprofit, civil liberties
organization working in the public interest to promote privacy, free
expression and responsibility in digital communications.