DMCA Critics Alarmed: Two New Similar State Laws Proposed

To its critics, the Digital Millenium Copyright Act is bad enough at the federal level without similar laws being proposed by the states - as two states have done so far.. And the DMCA critics fear that the state proposals would be even more broad than they say the DMCA now is in restricting bypasses on copy protection measures or programs, according to ZDNet.com.

Library groups reportedly whipped off a note to Arkansas and Colorado lawmakers saying their proposals were too deeply flawed to be acceptable, ZDNet said March 31. "The entertainment companies state that these laws need to be updated to combat digital piracy," the joint letter from Association of Research Libraries, the American Association of Law Libraries and the American Library Association. "While digital piracy is a serious problem, some of the proposed amendments will undermine the ability of libraries to provide important information services."

Perhaps unsurprisingly, the new state measures are in large enough part the handiwork of the Motion Picture Association of America, among the DMCA's most outspoken advocates. They say the Arkansas and Colorado bills would just update cable and satellite protection laws and keep pace with continuously improving hacking techniques.

"The intention of this legislation is to protect services and audiovisual works, music, and sound recordings in the digital age," MPAA senior vice president for state legislative affairs Vans Stevenson told ZDNet. "It provides state remedies for people who steal or pirate those works. It's an extension of what we've done for years with cable television and phone services at the state level. It's nothing new. For the life of me, I don't see why anybody would object to that."

If he'd like a typewritten list, he could begin with U.S. Internet Industry Association president David McClure. "Basically, (the bills) outlaw any device they don't like," McClure told ZDNet. "Any technology they don't like is banned. Not only is it banned, but it opens you to criminal penalties for its use. If you use a computer, you could be a criminal. (They don't) require that a computer be used for copyright infringement, just that it could potentially be used for copyright infringement."