Scary comments about how illegal file traders could be fought

On Tuesday, Senator Orrin Hatch (R-UT) made some very scary comments about how illegal file traders could be fought.

During a discussion on methods to frustrate computer users who illegally exchange music and movie files over the Internet, Hatch asked technology executives about ways to damage computers involved in such file trading. Legal experts have said any such attack would violate federal anti-hacking laws.

“No one is interested in destroying anyone’s computer,” replied Randy Saaf of MediaDefender Inc., a secretive Los Angeles company that builds technology to disrupt music downloads. One technique deliberately downloads pirated material very slowly so other users can’t.

“I’m interested,” Hatch interrupted. He said damaging someone’s computer “may be the only way you can teach somebody about copyrights.”

The senator, a composer who earned $18,000 last year in song writing royalties, acknowledged Congress would have to enact an exemption for copyright owners from liability for damaging computers. He endorsed technology that would twice warn a computer user about illegal online behavior, “then destroy their computer.”

“If we can find some way to do this without destroying their machines, we’d be interested in hearing about that,” Hatch said. “If that’s the only way, then I’m all for destroying their machines. If you have a few hundred thousand of those, I think people would realize” the seriousness of their actions, he said.

“There’s no excuse for anyone violating copyright laws,” Hatch said.

First, is the Senator really endorsing destroying someone’s computer to stop them from illegal file trading? Second, has the esteemed Senator of 26 years ever read the Constitution? I seem to remember something from my first year Con Law class about a prohibition of the government from taking something from a citizen without due process of the law. This also extends to laws created by the government.

I’m curious if Senator Hatch will be expanding his thought process. Should cars that go above the speed limit automatically explode? This would certainly teach drivers not to speed! How about exploding phones? Every time someone does something illegal by phone it would explode.

But, what happens if a file trader is scared to use his home computer for file trading and decided to use his work computer? That computer could possibly be in a hospital, airport, fire department, 911 installation, or even the Department of Homeland Security! Should the RIAA be allowed to destroy those computers, too? Imagine the chaos!

Also, imagine the chaos if the RIAA actually came up with a method to destroy users computers and it leaked out. What if it got in the hands of terrorist’s hands, or the mafia, or a foreign government? They could take down the entire internet! (ok, I admit, this isn’t likely, but still a possibility; especially if the government mandated some sort of kill switch to be installed in all computers in America.)

There are also many additional questions about a copyright holder being able to actually identify an illegal file trader. What happens if the copyright holder destroys someone else’s computer whose IP address had been spoofed by an illegal file trader? Under Senator Hatch’s suggestion, those people would be innocent bystanders, because the copyright holder would have immunity from damages!

Senator Hatch placed this response on his Senate website on Wednesday:

Hatch Comments on Copyright Enforcement
“I made my comments at yesterday’s hearing because I think that industry is not doing enough to help us find effective ways to stop people from using computers to steal copyrighted, personal or sensitive materials. I do not favor extreme remedies – unless no moderate remedies can be found. I asked the interested industries to help us find those moderate remedies.”

I usually am accepting of people making retractions of what they have previously said, but in this case I am not. This is a retraction from a man that is going on his 27th year in the Senate soon. If there is a job in American society where people learn very early that what they say can come back to haunt them later, it is politics. The above statements came from a seasoned politician, someone who filters every word that comes out of their mouth. I, as a fairly young lawyer, am always cognizant of every word that I say. I occasionally say things that I wish I could take back, but I am always aware. This man has been a Senator for a few less years than I have been alive! Therefore, I have absolutely no doubts that he knew exactly what he was saying! Asking about the possibility of destroying someone’s computer is not a moderate remedy, it is a completely outrageous remedy!