The San Mateo Daily Journal reports that California's "True Name and Address" Bill has passed the Senate and it is now up to the Assembly to stop the free speech abomination (Bill will curb Internet piracy). I wrote a brief analysis of the anonymity-attacking legislation when it was introduced ("True Name and Address" Bill for All Filesharers Introduced in Calif).
All my original comments on how the law is likely to be unconstitutional are still valid, but I have some new issues with how the bill is being sold:
Sen. Kevin Murray, D-Culver City, said his legislation would enable law enforcement to use the addresses to track down people who violate copyright laws by illegally distributing copies of commercial films and recordings.
Yeah ... that is going to happen. If you are illicitly distributing copyrighted content you aren't about to go advertising the fact. Sen. Mickey Mouse Kevin Murray might as well introduce a law requiring "true name and addresses" on all notes from bank robbers. Why not be honest, Senator? This bill allows California law enforcement to go after copyright infringers when they otherwise could not and, additionally, allows the copyright industry an even bigger legal threat (jail time) to hold over filesharers.
Category: Laws and Regulations
From your earlier article, the link to the law is http://www.leginfo.ca.gov/pub/bill/asm/ab_2701-2750/ab_2735_bill_20040220_introduced.html . For those who do want to comply, this information may be helpful:
(5) "True name and address" means information that accurately
identifies the name of the person who is disseminating the commercial recording or audiovisual work, along with his or her valid e-mail or mailing address.
(6) "Disclosing" means providing information in, attached to, or discernable or available in or through the process of obtaining a commercial recording or audiovisual work.
So your address can be email, it doesn't have to be postal mail. And the disclosure can be information that is available through the process of obtaining the work. Most file sharing systems let you view other files being shared by a person, so it might be OK to just have a file in the shared directory called "True Name and Address" holding the information.
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