Warrantless Searches May be Coming to California? (Montclair, Loyola: crimes, homes)

[18Montclair]

Whither our right to privacy.

If its so important, then get a warrant. My 2 cents.

California legislation that seeks to limit CD and DVD piracy could run headlong into the 4th Amendment, which prohibits unreasonable searches and seizures.

Here’s the deal, according to this LA Times piece: the recording industry is pushing to give law enforcement the power to raid manufacturing plants without notice or a court order to make sure manufacturers are making discs that are legit and carry all the necessary marks.

But the proposed anti-piracy bill ginned up by Calif state senator Alex Padilla (pictured) has irked some constitutionalists.

“We have the 4th Amendment that generally requires probable cause, for a search,” Loyola law school professor Laurie Levenson told the Times. ‘This is a huge exception.”

California Anti-Piracy Bill Raises Constitutional Hackles - Law Blog - WSJ

[Curmudgeon]

Originally Posted by 18Montclair

Whither our right to privacy.

If its so important, then get a warrant. My 2 cents.

Since when did the Legislature care about the law or Constitution?

[Bulldogdad]

Wow a leftist Kalifornia politician looking to take away constitutional rights. Who would have thunk it.

[EscapeCalifornia]

Media piracy is like terrorism, drugs, or crimes against children: Just another excuse for government to take away the rights of the innocent in the search for the guilty.

[Gentoo]

It says manufacturing plants but nothing about private individuals. As and indie artist, I can appreciate crackdowns on big illegal bootleg operations after having to jump through all the hoops just to get something released that, in my case, only a small number of people ever hear. Whether small or big, that's lots of money lost.

On the other hand, first it will be the big time bootleggers then it will be the 13 year old who're really doing no harm at all (people who copy and burn in their homes are an asset IMO).

[KC6ZLV]

Originally Posted by Gentoo

It says manufacturing plants but nothing about private individuals. As and indie artist, I can appreciate crackdowns on big illegal bootleg operations after having to jump through all the hoops just to get something released that, in my case, only a small number of people ever hear. Whether small or big, that's lots of money lost.

On the other hand, first it will be the big time bootleggers then it will be the 13 year old who're really doing no harm at all (people who copy and burn in their homes are an asset IMO).

But the problem with this is they can't do the job by just going in and looking around. It would involve confiscating whatever media your work is stored on and having it analyzed by a lab. It costs the business time and money and most likely will result in the delay of manufacturing DVDs for customers.

[Gentoo]

Originally Posted by KC6ZLV

But the problem with this is they can't do the job by just going in and looking around. It would involve confiscating whatever media your work is stored on and having it analyzed by a lab. It costs the business time and money and most likely will result in the delay of manufacturing DVDs for customers.

I see your point but it really doesn't take that much. A lab would not need to analyze the media. With music CD's all one has to do is load it into a computer with software that can detect and read the ISRC codes. Even I have that. Also, while the music on a CD is owned by the artists, the masters are owned by the record companies and a good spectrum analyzer will show the unique wave pattern. Burned CD's (and DVD's) are different than stamped ones. The rest is all visual.

I'm not disregarding the constitutionality of this. Problem is, that article does not make it clear what types of operations they're really going after.

[Vascodagama]

This is called opening the door to removing your rights ... They always start with something less controversal and something people could agree with but once the door is open they can easily ammend to remove more controversal rights without you being aware of it. This is no surprise given the current state of our society and what they are really preparing for.


YouTube - ‪NWO - TORONTO - ID CHECK - SHOW US Z PAPERS - Public Works Protection Act - ( Toronto - 2010 )720P‬‏

[ZhugeLiang]

Originally Posted by Gentoo

It says manufacturing plants but nothing about private individuals. As and indie artist, I can appreciate crackdowns on big illegal bootleg operations after having to jump through all the hoops just to get something released that, in my case, only a small number of people ever hear. Whether small or big, that's lots of money lost.

On the other hand, first it will be the big time bootleggers then it will be the 13 year old who're really doing no harm at all (people who copy and burn in their homes are an asset IMO).

That's strange. Most indie artists like yourself generally embrace BitTorrent as a cheap and free way to advertise their works.

[ZhugeLiang]

Originally Posted by Gentoo

Problem is, that article does not make it clear what types of operations they're really going after.

And that's the point. The more vague, the more the authorities can go on non-stop fishing expeditions. Great, now I guess I have to browse the web through a VPN at all times and encrypt all of my hard drives.