Tech Group Criticizes Obama's Efforts to "Protect Big Content"

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Computer & Communications Industry Association says efforts to address legitimate counterfeiting issues has been hijacked by the content industry to create "draconian proposals" to protect "old business models at the expense of consumers, citizens' rights and our most innovative job creating industries."

Part of the problem with the US' global intellectual property agenda is that somewhere along the line illegal digital content managed to become as much of a concern as counterfeit medicines and component parts. Last week the problem was exacerbated by the Obama Administration's announcement to make illegal streaming a felony, among other legislative recommendations submitted to Congress.

The Computer & Communications Industry Association, a 40-year-old advocacy organization that represents a range of companies in the computer, Internet, information technology, and telecommunications industries – including the likes of Google, Microsoft, Oracle Corporation, Yahoo, AMD and Sun Microsystems – has criticized this latest effort by the Obama Administration as further proof of copyright regulation run amok.

"Copyright regulation has grown into a massive and complicated bureaucratic system, which has lost sight of it purpose and limits," it says in a press release. "The capture of this Administration and key members of Congress by the powerful special interests called Big Content continues to grow as demonstrated by this report, which fails to address the need for a balanced reform approach."

The CCIA singles out the desire to make illegal streaming, now only a licensing issue and civil infraction, a felony, and therefore punishable with the full might of US law enforcement resources.

"The legitimate desire to address some serious counterfeiting abuses – such as medications or industrial components used in defense products – has been hijacked to create draconian proposals to alleviate the content industry of the burden of protecting its own interest using its own extensive resources," it says. "The government's role in protecting the public's right to safe medicine and component parts should not be allowed to morph into supplanting the responsibility of private companies to use existing legal remedies to remove possibly infringing content online and bring legal action against those involved."

Another issue is domain seizures. So far the US' Immigration and Customs Enforcement division has seized nearly 100 domain names as part of its"Operation In our Sites" campaign to address alleged online counterfeit goods and services. However, one site – Rojadirecta.org – was seized despite already having been declared legal by the courts in the country where it's hosted – Spain.

"The government has shown how its zeal leads to carelessness in its unprecedented efforts to widely seize domain names for IP enforcement, which ICE undertook this year," it continues. "Sites were wrongfully shut down based on allegations the user was engaged in criminal conduct deemed lawful by their courts. We are concerned the same low threshold will be used in making decisions to spy on U.S. citizens."

The owners of Rojadirecta.org, much like the owners of the other sites seized by ICE, were never notified of the govt's accusations in advance nor were they given a chance to give a rebuttal.

"Some in Congress and the White House have apparently decided that no price is too high to pay to kowtow to Big Content's every desire, including curtailing civil liberties by expanding wiretapping of electronic communications," says the CCIA. "Even the controversial USA PATRIOT Act exists because of extraordinary national security circumstances involving an attack on our country. Does Hollywood deserve its own PATRIOT Act?"

Senator Ron Wyden, the Oregon Democrat responsible for putting a hold on the controversial Combating Online Infringement & Counterfeits Act (COICA) last November, pointed out this past January also pointed out the curious manner in which the content industry has managed to "piggyback" on the concerns of industries that trade in physical or "real merchandise."

He even wrote letter to Attorney general Eric Holder and John Morton, Director of ICE, last month asking them to justify the domain seizures. He too spoke of his fear that they "could function as a means for end-running the normal legal process in order to target websites that may prevail in full court."

"Maybe we should be grateful our government only wants to make streaming a song or movie a felony with potential prison time as punishment," sarcastically says the CCIA. "What's next corporal punishment?"

"This is the latest indication of the extent to which the content industry has infiltrated this administration and managed to turn the Administration's IP agenda into a policy which protects old business models at the expense of consumers, citizens' rights and our most innovative job creating industries," it says.

I don't think many would disagree the administration has been "infiltrated." No less than five former RIAA lawyers are currently employed by the Obama White House. This includes Donald B. Verrilli, Jr, the lawyer who killed Grokster and was recently tapped to be the country's Solicitor General.

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