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(Calif.) lawmakers weigh anti-piracy bill to allow warrantless searches of CD and DVD makers

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Newsjock Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-18-11 07:26 AM
Original message
(Calif.) lawmakers weigh anti-piracy bill to allow warrantless searches of CD and DVD makers
Source: Los Angeles Times

Frustrated for years by rampant piracy, the recording industry is pushing California's lawmakers to approve legislation that would allow warrantless searches of companies that press copies of compact discs and DVDs.

The Recording Industry Assn. of America, in effect, wants to give law enforcement officials the power to enter manufacturing plants without notice or court orders to check that discs are legitimate and carry legally required identification marks.

The proposal by state Sen. Alex Padilla (D-Pacoima) is raising questions among U.S. constitutional law scholars as it quietly moves through the Legislature.

... To date, the measure has sailed through two state Senate committees, one unanimously and one by a 5-2 vote. Sen. Ron Calderon (D-Montebello) said he voted no because of "constitutional concerns." The bill goes to a final committee hearing Monday, then to the Senate floor. If it passes, it goes to the Assembly.

Read more: http://www.latimes.com/business/la-fi-piracy-searches-20110518,0,961223.story
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cstanleytech Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-18-11 07:40 AM
Response to Original message
1. Ohh now this would be an interesting case before SCOTUS
to really put the conservative judges feet to the fire to test if they truly believe in the constitution or not, we shall just have to wait and see what happens assuming of course it passes.
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quakerboy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-18-11 10:08 AM
Response to Reply #1
14. Havn't we already had that question answered
over and over and over?

When Roberts has the choice of constitution or corporation, Im pretty sure we know exactly where he comes down.
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RC Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-18-11 07:43 AM
Response to Original message
2. That didn't take long.
When will we be told to keep our doors unlock so they don't have to break it in?
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Iggo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-18-11 07:46 AM
Response to Original message
3. Get a fucking warrant!
Jesus.
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still_one Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-18-11 08:13 AM
Response to Reply #3
5. That tells me their intentions are not honorable /nt
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JDPriestly Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-18-11 09:47 AM
Response to Reply #3
12. It isn't difficult to get a warrant.
This is laziness on the party of the police.

And -- this encourages abuses of authority by the police.

There are just too many excuses for breaking and entering by police officers. And that is basically what it is when police officers don't get a warrant.

Another symptom of the horrible corruption in our system.

The crimes that are being committed are not serious enough to justify warrantless searches. A little sleuthing and the officers could do this properly.

This is another blow to our Constitution -- and just to protect the intellectual property interests of big corporations. No. No. No.
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stockholmer Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-18-11 10:04 AM
Response to Reply #3
13. +1
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SpankMe Donating Member (301 posts) Send PM | Profile | Ignore Fri Jun-03-11 11:44 AM
Response to Reply #3
21. Absolutely!
Investigate, stake-out the location as necessary, gather evidence, show cause and present to a judge for a warrant. Then conduct the raid.

They've gone warrantless for terror where they believe time is of the essence and life may be in danger. I still disagree with warrantless in those cases, but at least I see what they're going for.

I see no reason to up the ante from warrant to warrantless for DVD pirating operations.

The entertainment industry is out of control. Google various forms of search terms "online piracy law copyright" and you'll see several news stories of recent legislation - state and federal - that are giving authorities unprecedented power to enforce copyright infringement and digital piracy. They're increasing penalties, requiring hosts and providers to police their systems for piracy and - as in the case of the Padilla story - seeking police powers that are extraordinarily out of proportion to that of other crimes. One set of interests is buying the power of the state to protect their little corner of the universe with a vengeance.

Pretty soon, a 14-year old downloading a song illegally will get more prison time than a fraudulent mortgage lender who's bilked the public out of billions.

WAIT....we have that now. Hmmmm.
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Thor_MN Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-18-11 07:46 AM
Response to Original message
4. Wow, now the people(corporations) want to take rights away from other people(corporations) too.
The must feel that they have totally screwed the People(real persons) and now are looking for bigger game.
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Javaman Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-18-11 08:18 AM
Response to Original message
6. So will they be allowed to kick in the door without a warrant if they detect an odor of
mega and gigabytes being pressed?

We are so done.
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canoeist52 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-18-11 08:19 AM
Response to Original message
7. Ya know - If ya make cars that go 120 mph, people are going
to break the 65 mph speed limit. Go after the technology, not the people who use it.
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earcandle Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-18-11 08:53 AM
Response to Original message
8. I don't get it. CD sales are so down...... who cares?
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RC Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-18-11 09:05 AM
Response to Reply #8
9. That is why.
They want those profits by hook or by crook.
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blackspade Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-18-11 09:28 AM
Response to Original message
10. More un-Constitutional bullshit.
It just doesn't stop..... :(
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2banon Donating Member (794 posts) Send PM | Profile | Ignore Wed May-18-11 09:41 AM
Response to Original message
11. Of all the serious matters before them
this is the kind of bullshit they spend their time and our money on.

Where are the teabaggers now? I don't hear a peep from them.

The cognitive dissonence is astounding.

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winstars Donating Member (405 posts) Send PM | Profile | Ignore Wed May-18-11 10:35 AM
Response to Original message
15. What is a CD and/or a DVD??? They might be a little late...
About 10-20 years too late!!!
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Iggo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-18-11 10:42 AM
Response to Reply #15
16. Yeah, but long after the CD/DVDs are gone, the warrantless break-ins will remain.
And I'd be naive if I didn't think that was the whole point.
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bemildred Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-18-11 10:49 AM
Response to Original message
17. Ten years too late. nt
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Downwinder Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-18-11 10:50 AM
Response to Original message
18. Big Brother or Nanny State?
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AsahinaKimi Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-18-11 11:12 AM
Response to Reply #18
19. A bit of both ...
The Big Nanny Brother State..
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alp227 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-20-11 09:22 PM
Response to Original message
20. so Indiana police can freely break into anyone's house no warrant needed,
and now a DEMOCRAT wants police to be able to seize pirated material without a warrant? Senator Padilla, change your party ID NOW.
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cottonseed Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-11 11:47 AM
Response to Original message
22. What's a CD?
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