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« AWOL Update | Main | Those Crazy Mullahs » May 13, 2003Digital Freedom UpdateWhy is the cable industry pushing legislation in Tennessee and other states that will give the cable industry the power to control what kind of devices you hook to the cable outlet in your home? Because they want to be able to force you to rent their devices. Soon, if HB 457 and SB 213 become law in Tennessee, the cable industry will be able to declare the TiVo digital video recorder an "unauthorized" device and apply civil and criminal proceedings to any consumer who uses one. Of course, they'll probably drop the charges and end the lawsuits if you agree to rent their digital video recorder. For more on the controversy over HB 457 and SB 213, be sure to check in with the Tennessee Digital Freedom Network. For a national perspective on the legislation, called "super-DMCA," check out Copyfight.org. UPDATE: The cable industry naturally would take issue with my characterization of the legislation, which their lobbyist in Tennessee is describing as merely an updating of the state's laws against the theft of cable TV service. But here is the dangerous section of the legislation in its current amended form: In any criminal prosecution or civil action under this section, any of the following shall create an inference that the defendant intended to violate this section: (1) The presence of an unauthorized connection of any kind between the defendant's property and any network, system or facility owned or operated by a communication service provider.What does that mean? It means once the legislation becomes law, the cable industry (the "communication service provider") will be able to declare that any VCR, digital video recorder or other device that it doesn't sell or rent is not "authorized" to be connected to its network. And it means that if you hook up a "not-authorized" (read: "not-rented-from-the-cable-company) VCR to your cable outlet, or a not-authorized wireless Internet device to your cable modem, the law requires the court to automatically infer that you were intending to steal service and defraud the cable company. The amended legislation offers this fig leaf of protection: No person shall be in violation of this section for using a communications device for the purpose of connecting one (1) or more multipurpose devices at the person's residential or business premises, provided that the person does not do so knowingly and with the intent to defraud a communication service provider, and that such device does not cause electronic or physical harm to the communication service provider's network, system or facility.But remember – the law says any unauthorized device connected to the network "shall create an inference" of intent to defraud. The word "unauthorized" is the problem here. It does not appear in Tennessee's current law against the theft of telecommunications services - current state law does not give the cable industry the power to declare your TiVo "unauthorized" and force you, under threat of civil or criminal proceedings, to rent their TiVo-like service. The new legislation should be amended to strip out the sections giving the cable industry the power to decide what devices you hook to the cable outlet in your home. But that would make it not much different than existing state law. Oh. Previous post on this issue: Click here. Posted in Internet & Technology
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