Senator Sam Brownback (R-KS) introduced the Consumers, Schools, and Libraries Digital Rights Management Act of 2003 (S.1621), “A bill to provide for consumer, educational institution, and library awareness about digital rights management technologies included in the digital media products they purchase, and for other purposes.”
See Congressional Record pages S11571-S11576, for Brownback’s introduction of the bill.
The Consumers, Schools, and Libraries Digital Rights Management Awareness Act of 2003 will preclude the FCC from mandating that consumer electronics, computer hardware, telecommunications networks, and any other technology that facilitates the use of digital media products, such as movies, music, or software, be built to respond to particular digital rights management technologies.
The bill:
- Prohibits technology mandates requiring specific DRM systems
- Requires that consumers, educational institutions and libraries are aware of the effects of DRM and that they are informed “about the ways in which access control technology and redistribution control technology may affect consumer, educational institution, and library use of digital media products based on their legal and customary uses of such product”
- Requires that DRM products be provided with conspicuous notice and labeling which indicate that such products contain digital access restrictions.
- Provides for consumer privacy protection from DMCA subpoena power
This bill will introduce a check on the DMCA subpoena power currently being used against ISPs by the RIAA and other copyright owners. While introducing the bill, Sen. Brownback said:
The Consumers, Schools, and Libraries Digital Rights Management Awareness Act of 2003 requires the owners of digital media products to file an actual case in a court of law in order to obtain the identifying information of an ISP subscriber. This will provide immediate privacy protections to Internet subscribers by forcing their accusers to appear publicly in a court of law, where those with illicit intentions will not tread, and provides the accused with due process required to properly defend themselves.
In addition, the bill requires the Federal Trade Commission to study alternative means to this subpoena process, so that we may empower our Nation’s intellectual property owners to defend their rights by pursuing those who are stealing from them, but to do so in a safe, private, confidential manner where consumers are concerned, and without burdening the courts. Transitioning to an FTC process will ensure that there can be speedy verification, due process, safety, and maximum protection for the innocent, while preserving maximum civil enforcement against pirates.
Wired News reports: Senator Takes a Swing at RIAA
“We like lots of things here,” said Wendy Seltzer, an attorney with the Electronic Frontier Foundation. “It reaffirms Internet users’ rights to privacy and anonymity and it reaffirms that we preserve traditional fair-use rights as we move to the online environment.”
“The bill helps to ensure that the public is informed about capabilities and restrictions of media they purchase,” Seltzer said, adding that the bill is “asserting that public rights of access to media and rights to innovate with technology persist in the digital age.”
Senator Brownback is also chairing this week’s Senate Commerce, Science and Transportation Committee hearings on Digital Rights Management.
