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Attention: Unindicted federal felons at large

Michael Stanclift   on 27 January 2003 - 18:26 · 21 comments & 894 views

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If you've ever used a peer-to-peer network and swapped copyrighted files, chances are pretty good you're guilty of a federal felony.

It doesn't matter if you've forsworn Napster, uninstalled Kazaa and now are eagerly padding the record industry's bottom line by snapping up $15.99 CDs by the cartload. Be warned--you're what prosecutors like to think of as an unindicted federal felon.

A obscure law called the No Electronic Theft (NET) Act which was signed into law in 1997 makes peer-to-peer (P2P) pirates liable for $250,000 in fines and subject to prison terms of up to three years.

Yet something strange is going on here. So far the Justice Department has made precisely zero prosecutions of peer-to-peer users under the NET Act. This odd delay is not because peer-to-peer piracy is legal. It's not. The NET Act covers people who willfully participate in the "reproduction or distribution" of copyrighted works without permission, when that activity is not covered by fair use rights.

The law even grants copyright holders the right to hand a "victim impact statement" to the judge at your trial, meaning you can expect an appearance from the Recording Industry Association of America (RIAA), the Motion Picture Association of America (MPAA) or the Business Software Alliance (BSA), depending on what kind of files were on your hard drive. You'll no longer have it, of course, because it'll have been seized by the FBI, and you'll be in jail.

View: Full Article @ ZDNet
News source: WinBeta.Org


And the terrorist attacks of September 2001 reminded us that our computing infrastructure is as critical to our econ­omy as our physical infrastructure -- and that the safety of each is at least partly dependent on the other.

The convergence of these three developments -- and the increasingly central role that computing will play in our lives in the coming years -- has led to a renewed focus on ensuring that our computing systems and information are safe from harm. Yet security is just one of a broader set of challenges that must be addressed to realize fully the vast potential of computing. As people increasingly depend on computers, they need to be sure that computing systems are available and functioning properly whenever and wherever they need them.

They must also be sure that they protect their sensitive information from theft or loss, and that the companies providing services and handling personal information are adhering to fair information principles.

To make this happen, our computing systems cannot just be secure -- they should be unfailingly trustworthy. We should be able to rely on them as we in the developed world rely on electricity or a telephone service today.

Although complete trustworthiness has yet to be achieved by any technology -- power systems still fail, water and gas pipes rupture and telephone lines sometimes drop calls -- these systems are usually there when we need them and they do what we need them to do. For computers to play a truly central role in our lives, they must achieve this level of trust.

Protecting cyberspace

As we move from a world of stand-alone desktop computers to an interconnected, decentralized global network, we face a number of new challenges.

The growth of the Web has encouraged businesses to make large amounts of business data available on the Inter-net, so that they can work better with partners and suppliers and build deep customer connections.

Consumers are conducting more and more business online, sending sensitive personal and financial information over the network. And businesses are increasingly motivated to make their internal business data securely available to employees at home or on the go.

These trends create vast new opportunities to enrich our lives and rewire our economy, but they also offer a tempting target for vandals, criminals and terrorists. To meet these challenges, we must change the way we create software.

Many desktop applications were not designed to operate in a networked environment, and the core protocols of the Internet were not initially designed to serve the 500 million users who rely on them today.

Much of this software has performed well in this new environment, but a lot of it must be refined, improved and rebuilt with security at the core.

At Microsoft we halted development on several key products and invested more than $100 million to evaluate our existing software for security issues, and to train our developers to build security into our future products from the ground up.

At the same time, the entire computer industry is working with government, law enforcement and business leaders to deter cybercrime at its source and build a secure digital future.

As the Internet became a viable platform for commerce -- another use not anticipated by its original design – the amount of sensitive personal and financial information exchanged on the Web has skyrocketed.

This has led many consumers to be concerned about the safety of their information and the potential for misuse, fraud and identity theft. In fact, such fears continue to hold back growth in Internet-based commerce.

Existing industry standards, business practices and regulations already do much to ensure that people can retain control over how their personal information is obtained and used by others.

Standards such as P3P help consumers understand and manage the disclosure of their personal information to trusted parties. Microsoft is collaborating with industry partners to develop sophisticated new tools that will enable companies to implement and assess their own privacy policies.

Nonetheless, industry and government must continue to improve the software and tools that preserve individual privacy. And industry must keep working closely with govern­ment to ensure that laws and regulations which protect consumers are followed.

Security and privacy are the most immediate short-term challenges today, but achieving trustworthy computing involves a host of other issues. For example, we must continue to tackle the complexity and stability issues that affect many systems today, both at home and at work.

Just as a homeowner has no fear that fitting a new lamp will break his refrigerator, computer users should not have to worry that installing new applications will destabilize their system.

Companies should feel confident about embracing e-commerce, knowing that they can always depend on their software to meet their evolving needs reliably. That is why Microsoft, along with a host of other companies and researchers, is working aggressively to create computing systems that will be self-managing, self-repairing and inher­ently resilient. Put simply, they will just work.

We are in the early years of a time I call the "digital decade" -- an era in which computers move beyond being merely useful and become a significant and indispensable part of everyday life.

In the years ahead people will increasingly rely on computers to communicate and to be entertained, to run their lives and their businesses. This transformation has tremendous potential for enriching and enhancing our daily lives, while sparking a new era of growth for the global economy.

But for this to become a reality, we must first make computing as secure and reliable as it can be. Achieving truly trustworthy computing is a long-term challenge -- perhaps a 10-year process -- but considering the amazing opportunities the digital decade has to offer, it is essential

Achieving truly trustworthy computing is a long-term challenge -- perhaps a 10-year process -- but considering the amazing opportunities the digital decade has to offer, it is essential that we meet it.

© Bill Gates 2003. All rights reserved.

Post a comment · Send to friend Comments · There are 21 additional comments
#1 Arch on 27 Jan 2003 - 18:41
Fretting that not enough peer-to-peer pirates are already there, a band of congressmen asked Attorney General John Ashcroft last July to begin some NET Act prosecutions, pronto. Their letter complained of "a staggering increase in the amount of intellectual property pirated over the Internet through peer-to-peer systems." The 19 politicos--including Sen. Joseph Biden, D-Del., Rep. James Sensenbrenner, R-Wisc., and Sen. Dianne Feinstein, D-Calif.--urged Ashcroft "to prosecute individuals who intentionally allow mass copying from their computer over peer-to-peer neworks." That next paragraph explains why this is being posted now a little better. I guess they're gonna crack down on us.
(2 replies) #2 Fubar on 27 Jan 2003 - 18:43
yeah like american law can mean jack sh!t in england What ever :/ im getting fed up with this cr4p about how american law means the end of p2p face it there laws are theres not the worlds
#2.1 kairon on 27 Jan 2003 - 18:52
[neoquote=#2.0 by Fubar]yeah like american law can mean jack sh!t in england What ever :/ im getting fed up with this cr4p about how american law means the end of p2p face it there laws are theres not the worlds [/neoquote] Yes but most of the time p2p networks are based in US, which makes it perfectly legal.
#2.2 Rambo2000 on 28 Jan 2003 - 01:12
Not if you use something like WinMX where it's not based anywhere, all they can do is try and stop Americans but not the rest of the world, the world will just go on as normal.
#3 thornz0 on 27 Jan 2003 - 18:51
not that theyll ever do anything to the casual users, theres just too many, I pity all you harcore file swappers. Sounds like theyre going to start making 'examples' out of you.
#4 sp0rk on 27 Jan 2003 - 18:52
Who needs p2p when you have usenet and irc? I am a
#5 episode on 27 Jan 2003 - 19:10
The RIAA and MPAA are going to cause the breakdown of American society. Mark my words.
#6 SkId_mARK on 27 Jan 2003 - 19:22
Good thing i live in Canada .... I really hope we don't have a law like this one!
#7 SpyCatcher on 27 Jan 2003 - 19:23
Open up the phone book and start with the first name. By the way I hope none of these so called attorneys for the gov't have kids...maybe they will want to start in their own home first....
#8 TC17 on 27 Jan 2003 - 19:41
Well America is no longer the land of the free, like it used to be. Not since Mr. Bush and his thugs have taken office. They have been on a Witch hunt for many things, including taking away most of our rights, and driving us into jobless poverty. And Mr. Ashcroft who likes to literally invent his own laws as he goes along, and rewrite our constitution.
#9 TC17 on 27 Jan 2003 - 19:49
Also part of that story links to another story where they mention more of that law, it does says this: [b]"A few weeks ago, some of the most senior members of Congress pressured the Justice Department to invoke a little-known law, the No Electronic Theft (NET) Act, against peer-to-peer users who swap files without permission. Under the NET Act, signed by President Clinton in 1997, it is a federal crime to share copies of copyrighted products such as software, movies or music with anyone, even friends or family members, if the value of the work exceeds $1,000. Violations are punishable by one year in prison, or if the value tops $2,500, "not more than five years" in prison." [/b]
#10 xpablo on 27 Jan 2003 - 20:12
Ahoy Matey's !!! I guess I better go to the border crossing and surrender myself now ... I sure hope they don't send me to Camp XRay in Cuba.
#11 saphyre1024 on 27 Jan 2003 - 20:49
this is pitiful, America has more important matters 2 worry about and here they r, chasing after (what the majority will be) teens who simply download files rather than pay money 4 the whole thing.......
(1 reply) #12 thornz0 on 27 Jan 2003 - 20:52
>>Well America is no longer the land of the free, like it used to be. Not since Mr. Bush and his thugs have taken office. They have been on a Witch hunt for many things, including taking away most of our rights, and driving us into jobless poverty. And Mr. Ashcroft who likes to literally invent his own laws as he goes along, and rewrite our constitution.<< dont be an idiot, that law was passed under clinton, and the senators going after it are reps and democrats, feinstein has been in office for as long as I can remember. Bush has nothing to do with this, and demonizing him wont get you anywhere
#12.1 Marshalus on 27 Jan 2003 - 23:31
Clintion didn't have much to do with it either, he just signed it.
#13 linked on 28 Jan 2003 - 00:06
Confusios say, "Law enforced, is law police like" Find me a city full of cops that don't pirate music. Police are people too, and with the way things work in our government, they might simply... forget to do anything. Similar to the way that the police in my town have a tendency to... overlook marijuana. Now, obviously enough, the police arn't involved here, but how many lawsuits COULD they file, with the low number of lawyers they have supporting them? For christs sake, almost EVERYONE pirates music, I would be George W. has used Kazaa in his day. It's all about who they have actually supporting them.
#14 bluebsh on 28 Jan 2003 - 01:29
You know these laws are annoying. I have been investigated twice now by the local police and the case moved to the FBI for "posession of unlawfull material" aka MP3's... My friend decieded he was mad at me and called the cops on me and cited one of these copyright laws. I had in my posession 400 MP3 files, which most of them I also had the CD for. but the police came with a warrent, siezed the computers, made images of the hard drives with a program called Encase, then transfered the case to the FBI. Later it was droped when they found out I also legally owned the CD's... but as you can see people can abuse these laws for "fun" to get someone back for stupid things, my friend on the other hand has a collection of 10,000 MP3 files... see a wierdness to this? Ruined my life for 10 months haveing to go to lawyers to fight this stupid thing...
#15 loa92 on 28 Jan 2003 - 02:41
This reminds me of prohibition. Everyone said that drinking was wrong, yet everyone drank.
#16 DrunkenMaster on 28 Jan 2003 - 04:10
Funny how suddenly this news makes the headlines. Seems if this was such a problem w/ P2P sharing, the feds would have announced this ALOT sooner. I think the RIAA/MPAA are behind this news release. Of course, its only a big huge federal crime to share music over P2P. What about all those people ( 3/4 of the US POP. ) who exchange music w/ each other by copying CD's and cassette tapes?
#17 westcoastguy on 28 Jan 2003 - 14:49
to all you american governement republicans. kiss my ass. you rape the world of its resources, then when a country like cuba doesn't want to do business with you, you embargo its people to starve to death, with countries that do business with you like canada, the rules are your rules and rape all its land . i have no pitty nor andy time for this governemet bs. i rip off dishnet , direct tv, aol acess codes, and every them software, music, movies that american produce to give to free public. free for all and f__ck u G.w.BUSh, smal dick
#18 westcoastguy on 28 Jan 2003 - 14:53
the world is turning down onto the americans, they will be defeated to non existants, the time is coming soon

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