CEA Opposes Bill Instructing FBI To ""Deter"" Fair Use

29-Jul-03

The Consumer Electronics Association (CEA) expressed its opposition to H.R. 2517, a bill sponsored by Representative Lamar Smith (R-Texas) that would instruct the Federal Bureau of Investigation (FBI) to deter all ""unauthorized"" home recording by consumers when obtained from the Internet. ""The bill as written is troubling for consumers on multiple levels,"" said CEA President Gary Shapiro. ""First, it suggests that any 'unauthorized' home recording is criminal conduct if the content is obtained form the Internet. In fact, the law clearly provides that certain unauthorized uses of content--also known as fair use--are protected, regardless of the content's source. ""In addition, this bill would involve the FBI in gathering data on the private home recording practices of individuals. This provision appears to be contrary to the federal laws that prevent the collection of such private data without a subpoena. ""We oppose any attempt to cut back on the privacy enjoyed by Americans using lawful products in their homes. In addition, given the multiple challenges faced by the FBI in today's dangerous world, it does not seem prudent to require that agency to divert its valuable resources to monitoring Americans' lawful recording practices. ""We look forward to working with the Committee and Subcommittee in addressing the issue of commercial piracy while protecting the critical public interest in fair use."" For more information about the CEA, visit www.ce.org.

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