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The RIAA and MPAA want to use pretexting to be able to gain information and make cases against pirates

The Motion Picture Association of America (MPAA) and Recording Industry Association of America (RIAA) are working together to lobby state legislators to sign a proposed amendment to a California bill that deals with pretexting.  The amendment would allow the trade organizations to use pretexting to enforce copyright laws.

In letters sent to Sen. Ellen Corbett, both trade groups said that the legislation would undermine their anti-piracy efforts -- investigators must be able to pose as a regular person to be able to acquire pirated material.

Both the MPAA and RIAA claim they need to use deceptive practices to help monitor and catch bootleggers on the Internet.   The RIAA and MPAA both said they would not assume a person's identity to get personal information during an investigation.  However, both entities want to make sure they legally are able to hide any type of industry connection when pursuing leads into the black market.

"Basically we want criminals to feel comfortable that who they're dealing with is probably some other criminal and let us in on what's going on," said Brad Buckles, RIAA executive vice president for anti-piracy.

Pretexting was brought into the spotlight after a pretexting scandal rocked Hewlett-Packard late last year.  Investigators hired by HP used pretexting to get personal records of journalists and employees of the company, a move that led to a boardroom shakeup.

Late last year, President Bush signed the Telephone Records and Privacy Protection Act of 2006; the U.S. federal anti-pretexting bill.  The law makes it illegal for people to "knowingly and intentionally" obtain phone records by any type of deception.

In addition, the FCC just set its regulations for pretexting over voice communication devices.  These regulations include contacting customers and the FBI during breaches of customer privacy, as well as holding phone companies responsible for pretexting incidents.

Neither associations have a loophole in the new FCC regulation or Telephone Records and Privacy Protection Act, but the MPAA has successfully lobbied similar legislation in the past.  Last year, the proposed California bill to ban pretexting was shot down by a 33-27 vote in the California House.  Three months prior, the California State Senate voted unamiously in favor of the bill.

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RIAA is above the law?
By Pops on 4/10/2007 2:08:33 PM , Rating: 5
This law was only created to protect people from this, why does the RIAA think they should be the exception to the rule? Some times it amazes me just how disconnected from reality corporate types become.

ps. Did the last sentence make any sense to anyone? Seemed to end too soon.




RE: RIAA is above the law?
By Tsuwamono on 4/10/2007 2:12:37 PM , Rating: 2
ya i noticed that too man.. seems like he was going somewhere with that sentence and just cut off.


By KristopherKubicki (blog) on 4/10/2007 2:22:43 PM , Rating: 2
Some text got cut off. It should all be there now.


RE: RIAA is above the law?
By Mitch101 on 4/10/2007 2:21:18 PM , Rating: 2
Because a good portion of the people who approve the laws are clueless much like those that allow for the rediculous patents. There is stupid in every reach of every part of the world.

If you submit something enough times it eventually winds up in front of a stupid person or group of stupid and gets approved.

Try petenting tying your shoes the traditional way but file it as a specialty knot with fancy terminology. Keep doing this until it finds its way into the hands of someone stupid who doesnt recognize it and grants you the patent. Then hire a lawyer to hand everyone you see with thier shoes tied a lawsuit.

You can learn this tactic from Children if Mom says no then go try DAD.


RE: RIAA is above the law?
By masher2 (blog) on 4/10/2007 2:26:21 PM , Rating: 2
The law was created to protect people from having their identity assumed.. What the MPAA/RIAA want is something else-- to simply fail to notify people that they are an investigating agent.

That's a far cry from assuming the specific identity of another person, to gain that person's personal information.


RE: RIAA is above the law?
By KristopherKubicki (blog) on 4/10/2007 2:30:45 PM , Rating: 2
Naturally. The MPAA just outsources that stuff.

http://news.com.com/2100-1030_3-6087146.html


RE: RIAA is above the law?
By edpsx on 4/10/2007 2:54:02 PM , Rating: 2
Once again the RIAA and MPAA are trying to prove they are better than the police and should not have to follow laws like the rest of the planet.

Even cops have to tell you they are a cop if you ask them. Why do you think they bang on your door and say "This is the police, open the @#$% up!"

"This isnt the RIAA, we just really sound like them"


RE: RIAA is above the law?
By masher2 (blog) on 4/10/2007 3:07:18 PM , Rating: 6
> "the RIAA and MPAA are trying to prove they...should not have to follow laws..."

They're trying to change and clarify the law, not disregard it. I know this is an emotional issue for many people, but lets try to accurately represent the situation.


RE: RIAA is above the law?
By Oregonian2 on 4/10/2007 3:14:03 PM , Rating: 2
Maybe HP can get an exception for them written in too, and make it retroactive.

:-)


RE: RIAA is above the law?
By geeg on 4/11/2007 10:39:13 AM , Rating: 4
why do you have green banner? are you above the law?


RE: RIAA is above the law?
By mindless1 on 4/12/2007 10:02:59 AM , Rating: 2
No the law is new enough they are trying to disregard it with their obvious special-interest attempt at changing it.


RE: RIAA is above the law?
By Pops on 4/10/2007 3:30:13 PM , Rating: 5
quote:
They're trying to change and clarify the law, not disregard it. I know this is an emotional issue for many people, but lets try to accurately represent the situation.


They want to be able to withhold information about who they really are. The present law forbids this, as I understand it.

I have worked as a collector, calling people who are late on bills. If people asked who we are we HAD to tell them. Withholding your ID is a very powerful tool and can get people to do things they normally would not. You dont even need to pretend to be someone else. For example:

"Hi hows it going buddy, is Jonny home?" - They think you are a friend of Jonny and get him on the phone.

"Hello, this is Rick from bill collecting services..." - *click*

Thats just the start of the conversation. The RIAA wants to withhold their ID for the entire conversation, thats very powerful and misleading. Exactly what the law is designed to protect people from, or at least what it should be for imo.


RE: RIAA is above the law?
By grenableu on 4/10/2007 6:58:30 PM , Rating: 1
The pretexting law is to protect people from having their personal information stolen by someone pretending to be them. Its not meant to allow them to freely steal songs and movies.


RE: RIAA is above the law?
By mindless1 on 4/12/2007 10:06:09 AM , Rating: 2
Actually NO. It is meant to prohibit behavior, it is not meant to be reinterpreted as you see fit as to cause and effect. Just like any other law, you can't claim "but officer, as I understand it the DUI law was meant to prevent accidents and as you can clearly see when you pulled me over, I wasn't getting into an accident at the time".


RE: RIAA is above the law?
By techfuzz on 4/10/2007 4:28:14 PM , Rating: 3
quote:
Even cops have to tell you they are a cop if you ask them. Why do you think they bang on your door and say "This is the police, open the @#$% up!"

Members of law enforcement do NOT have to say whether they are an officer or whatever. That is an urban legend that an officer cannot lie or if he does you will have a defense to your crime. And don't get me started entrapment because if the police are at your door, they probably already have a good enough reason to be there in the first place.

Also, they bang on your door and say "This is police, open the door" because legal precedent states that if the police don't have a warrant and enter before announcing their presence, any evidence that they find is inadmissible in court.


RE: RIAA is above the law?
By BMFPitt on 4/10/2007 10:54:16 PM , Rating: 2
Think of how much "The Departed" would have sucked if that really were true.

Jack Nicholson: Are you a cop?
Leonardo DiCaprio: Yeah.
BANG!
The End


RE: RIAA is above the law?
By mindless1 on 4/12/2007 10:11:26 AM , Rating: 2
They also bang and announce themselves to avoid getting attacked so often as would happen if they suddenly startled someone.

Also, legal precedent doesn't state what you claim, it states they can't just forcibly enter at all without cause whether presence is announced or not. With cause they do have to identify themselves, in fact, they cannot just enter without stating anything.


RE: RIAA is above the law?
By FITCamaro on 4/10/2007 6:22:15 PM , Rating: 1
quote:
The Motion Picture Association of America (MPAA) and Recording Industry Association of America (RIAA) are working together to lobby state legislators to sign...


This actually means "
The Motion Picture Association of America (MPAA) and Recording Industry Association of America (RIAA) are working together to payoff and buy state legislators to sign..."


RE: RIAA is above the law?
By blagishnessosity on 4/10/2007 7:07:49 PM , Rating: 2
quote:
This actually means "The Motion Picture Association of America (MPAA) and Recording Industry Association of America (RIAA) are working together to payoff and buy state legislators to sign..."

couldn't have said it better myself. Except that this wouldn't be the first time they've done that.


RE: RIAA is above the law?
By grenableu on 4/10/07, Rating: 0