Congress to Expand the DMCA

Here’s your Monday morning nugget of pure joy, brought to you by elected officials…

For the last few years, a coalition of technology companies, academics and computer programmers has been trying to persuade Congress to scale back the Digital Millennium Copyright Act.

Now Congress is preparing to do precisely the opposite. A proposed copyright law seen by CNET News.com would expand the DMCA’s restrictions on software that can bypass copy protections and grant federal police more wiretapping and enforcement powers.

The draft legislation, created by the Bush administration and backed by Rep. Lamar Smith, already enjoys the support of large copyright holders such as the Recording Industry Association of America. Smith is the chairman of the U.S. House of Representatives subcommittee that oversees intellectual-property law.

Smith’s press secretary, Terry Shawn, said Friday that the Intellectual Property Protection Act of 2006 is expected to “be introduced in the near future.”

“The bill as a whole does a lot of good things,” said Keith Kupferschmid, vice president for intellectual property and enforcement at the Software and Information Industry Association in Washington, D.C. “It gives the (Justice Department) the ability to do things to combat IP crime that they now can’t presently do.”

Oh dear… Want to know how they rationalise this?

During a speech in November, Attorney General Alberto Gonzales endorsed the idea and said at the time that he would send Congress draft legislation. Such changes are necessary because new technology is “encouraging large-scale criminal enterprises to get involved in intellectual-property theft,” Gonzales said, adding that proceeds from the illicit businesses are used, “quite frankly, to fund terrorism activities.”

Did you get that?

Gonzales said, adding that proceeds from the illicit businesses are used, “quite frankly, to fund terrorism activities.”

Ahhh, that old chestnut… Works every time.