Forum - View topicNEWS: U.S. Copyright Law That Allows Equipment Seizures Signed
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Xanas
Posts: 2058 |
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This isn't even close to accurate. A search warrant is designed to search for specific things, not to go roaming through everything in search of any crime. You don't "forfeit your right to privacy." Also keep in mind there is something called "innocent until proven guilty." Yes, yes, I know you are saying "when you break" not "when you are accused" but.. this isn't a distinction that can be made until someone is proven guilty when we are talking about the law, so it's a moot point. |
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Cait
 Posts: 503 |
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it is in fact, very close to accurate. With enough evidence that a person has committed a crime, a judge will grant a search warrant. That search warrant can be used to find evidence in an individual's home (or office, etc., wherever the warrant applies). This law is no different. When you commit a crime knowingly you are, indeed, effectively giving up your "right to privacy," because with enough evidence against you, a warrant will be issued against you. I never said or implied anything about the presumption of innocence. I was talking specifically about people who are, in fact, guilty. When you steal something that is not yours and you get caught, you are going to have evidence seized and used against you. You've given up your right to privacy. Maybe that's not worded in a way that pleases you, but when you take a "chance" that you won't get caught you are also taking a risk that you will. For someone to say, "it's a violation of my privacy to search my home and take my laptop" when they know they have distributed copyright materials illegally is ridiculous. It is a blatant refusal to accept that they've been caught red-handed. The "right to privacy" was never meant to be abused in such a way and search and seizure laws have been created to address that. |
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MokonaModoki
 Posts: 437 Location: Austin, Texas |
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"Innocent until proven guilty" is just a right that is afforded in criminal trials. It has little real meaning beyond putting the burden on the prosecution to actually prove that an accused person is guilty beyond a reasonable doubt (i.e. the defense has no obligation *at all* to prove anything, because of the presumption of innocence). It has no application with regard to this law, and if you find yourself relying upon the right to be presumed innocent, you are already in a *very* bad situation.
It has nothing to do with asset seizures. As with any seizure of any kind, all that is required is probable cause to believe that the seizure is justified under an applicable law. A warrant is a formality in this situation, requiring only demonstrated probable cause to believe that the seizure is justified. Probable cause, in this case, could (would) come merely from the civil suit being filed (assuming that it was adequately worded). As a matter of practical application, what it means is that now when the RIAA/MPAA go to file a lawsuit against somebody they are no longer encumbered by court ordered rules of discovery to go through the process of obtaining offending computer equipment to collect evidence for their case (which can take quite some time to accomplish). With this law, once the lawsuit is filed in a federal court, federal law enforcement can go to collect the goods. Without warning. It is a bit pre-emptively punitive, but it also stops those hard drives from being scrubbed/replaced upon notice that the jig is up and someone might come looking. There will be no notice. Not benign at all, but still generally irrelevant for fansub purposes unless the the lawsuits start in that arena. For music thieves it's another nail in the coffin though. (clarification: the burden of proof in civil cases - which is what these are/would be - is preponderence of the evidence. In civil cases the defense *must* make an effort to counter the plaintiff's case or will lose by default. You can't say "it might have been my neighbor" to introduce reasonable doubt. You have to show that it *was not you*. Confusing criminal and civil rules is a hazardous mistake to make. Civil law will eat you up.) |
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Mohawk52
 Posts: 8202 Location: England, UK |
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Olliff
 Posts: 550 |
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I agree this bill do little to change the law. Law enforcement has always had the right to take your computer if you have committed a crime.
This bill would probably be passed no matter who the president was; the support was far beyond the amount need to override a veto. I really don't see what the news story is here. The only change is that they will be able to extend their authority to a civil level. I imagine it will still be difficult to enforce people violating copyright law. Though, I do agree we should all do our duty as fans and purchase anime if we can. |
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jr240483
 Posts: 4385 Location: New York City,New York,USA |
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Doubt it.With this economy is crisis mode,It ain't going to happen anytime soon which is a good thing.Hopefully it'll limit those annoying fansubs and illegal websites to prevent studios like geneon going belly under. |
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