It’s often said if you want to see the future of where America could go, look to California.
If that’s the case, our next story may give a lot of us the chills.
Legislation passed in California by two state Senate committees allows allows law enforcement to enter optical-disc plants and seize disc-stamping equipment, and pirated movie and music discs without a court warrant.
For those of you who took civics in high school, that may sound like it violates the Fourth Amendment of the Constitution.
“The crime of illegal mass reproduction of music and movies is a serious problem. Last year alone, more than 820,000 illegal discs were seized by law enforcement authorities in California,” state Sen. Alex Padilla, a Los Angeles–area Democrat and author of the legislation, said in a statement. “Fraudulent CDs and DVDs undermine our economy and California’s role as a global leader in music and film. They steal revenue from artists, retailers, and our entertainment sector.”
The Motion Picture Association of America and the Recording Industry Association of America are supporting the constitutionally suspect measure, which also allows fines of up to $250,000. The legislation, which is up for a vote in another Senate committee next week, comes as the federal government is also cracking down on pirated goods.
Last week, 11 senators of all stripes proposed federal legislation that would grant the government the authority to bring lawsuits against websites “dedicated to infringing activities” and obtain court orders requiring search engines like Google to stop displaying links to them. The Department of Homeland Security has seized 200 infringing websites by invoking the same statutes used to seize drug houses.
The RIAA claims about 90 percent of illegal discs come from replicator plants, like the ones targeted in Padilla’s legislation. About 70 such plants are in California, according to the RIAA, which estimates up to 70 million counterfeit music discs are pressed each year in the Golden State.
“Given the music community’s large presence in California and significant contributions to the state economy through thousands of jobs and benefits, this narrowly tailored bill helps ensure these contributions are preserved while sending the important message that counterfeit replicators are not welcome in the state,” Cara Duckworth, an RIAA spokeswoman, said in an e-mail. “If a replicator is already in compliance with state law, they should have nothing to worry about with this proposed legislation.”
Once again too many complacent Americans will look at this and say “it won’t effect me – I don’t deal in pirated/counterfeit discs” and give this a pass. It is clearly a serious problem, both legally and economically. Most people will agree with Ms. Duckworth’s comment at the end of the article and give this law a thumbs up.
The Constitution is not a technicality and its provisions should not be brushed aside so lightly in the name of expediency or economics. Surely some expedited method of law enforcement could be crafted that doesn’t violate the Constitution while providing a more effective means of enforcing the laws against piracy.
We should make the legislatures of this country do their jobs, rather than taking the easy and politically popular (??!!) route through the heart of the Bill of Rights.
Michael J Furtado
. “If a replicator is already in compliance with state law, they should have nothing to worry about with this proposed legislation.”
hmm, George Orwell underestimated the stupidity of our government by a long shot I think…
A new law in Indiana just passed that gives ANY law officer the right to enter any home or any business for no reason at all. It is now illegal to block entrance by a law officer into your home. There doesn’t even need to be a probable cause or a warrent. The future looks more like the past. 1984 to be exact. Not the kind of news I like.
America, the land of the (un)free. Where Thomas Jefferson has turned in his grave several times already, and will get permanently dizzy in the near future.
This is a sad day, for all free men and women anywhere.
Welcome to the Peoples Republic of America. Long live the king. His name is “RIAA”.
Wasn’t it great when the Constitution was the law of the land? Remember those times… good times…
See what happens when you allow corporations to have unlimited power?” Thanks a lot “Citizens United” Supreme Court ruling! >:-(
I’m a bit less worried than most of the other posters.
Yes, this legislation is unconstitutional, but the courts can’t overturn it until it has been enforced and there is a test case to try.
The wheels of the constitution grind slowly, but fine.
The Constitution is not a technicality and its provisions should not be brushed aside so lightly in the name of expediency or economics. Surely some expedited method of law enforcement could be crafted that doesn’t violate the Constitution while providing a more effective means of enforcing the laws against piracy.
I agree with Mr.Furtado. RIAA & MPAA find the Constitution an impediment to their doing business. Perhaps if they changed their business model the conflict would go away.