June 23, 2004 · Lessig
Senator Hatch (who used to understand stuff) has introduced the INDUCE Act, which will criminalize the act of inducing another to commit a copyright violation. This is a brand new theory of copyright liability, which, as this floor statement makes clear, is directed at overturning Sony with respect to p2p.
The proposal alone is troubling enough. But the outrageous part is that there is talk that this massive new layer of federal regulation of technology will happen without hearings — indeed, that it will be passed in the next weeks.
Whatever the merits of this new regulatory program are (and, imho, there are not many), it should not happen without an opportunity for Congress to consider the full implications of this new regulation. The ramifications of this reach far beyond p2p.