Law

Rep. Lamar Smith could pay a steep political price for authoring two bills, the Stop Online Piracy Act and an online surveillance measure, that have become loathed by millions of Internet users.

He's facing an unexpected primary challenge from an ex-lawman who believes Smith has little regard for the U.S. Constitution--and who plans to use those bills as a lever to pry his opponent out of a congressional seat he's occupied since 1987.

Richard Mack, an Arizona sheriff who retired to Fredericksburg, Texas, is a self-described "constitutional conservative" with a long history of supporting causes … Read more

Hollywood is responding to the defeat of a pair of controversial copyright bills last month with a new strategy: a charm offensive.

Paramount Pictures sent letters last week to universities saying the company was "humbled" by last month's online protests that involved millions of Internet users--and that it now wants to "exchange ideas about content theft" and the best way to thwart it.

The letters were signed by Alfred Perry, Paramount's vice president for worldwide content and outreach. Paramount is a subsidiary of Viacom and one of the members of the Motion Picture Association of America, … Read more

It took an Internet-wide outcry from millions of voters to prompt Rep. Lamar Smith, author of the Stop Online Piracy Act, to postpone a vote on the controversial Hollywood-backed bill.

Now Smith, a conservative Texas Republican, is being targeted a second time: for championing legislation that would require Internet service providers to keep track of their customers, in case police want to review those logs in the future. His bill is called H.R. 1981.

The latest campaign is designed to build on last month's remarkable protests, which included Wikipedia going dark for a day and Google and Amazon.… Read more

Ever since GOP presidential candidate Bob Dole claimed that Hollywood produced "nightmares of depravity" that coarsened American culture and made "deviancy" mainstream, movie studios and record labels have enjoyed a spectacularly uneasy relationship with the Republican Party.

Copyright has been the exception to that strife: since the late 1990s, Hollywood-backed proposals to expand copyright law--the Digital Millennium Copyright Act, the Induce Act, the Pro-IP Act--have all been embraced, or at least not opposed, by Republicans.

The controversy over the Protect IP Act and the Stop Online Piracy Act, or SOPA, has finally splintered that alliance. … Read more

Last fall's privacy flap over Carrier IQ, which makes diagnostic software embedded into millions of mobile phones, may spur federal legislation.

A draft House of Representatives bill (PDF) would give the Federal Trade Commission the power to regulate "monitoring software" that's capable of transmitting location data or other information about who's using the phone.

The FTC would have a year to require the disclosure of "the fact that the monitoring software is installed on the mobile telephone"--and, in addition, anyone installing the software would have to obtain the "express consent" … Read more

Hawaii's legislature is weighing an unprecedented proposal to curb the privacy of Aloha State residents: requiring Internet providers to keep track of every Web site their customers visit.

Its House of Representatives has scheduled a hearing this morning on a new bill (PDF) requiring the creation of virtual dossiers on state residents. The measure, H.B. 2288, says "Internet destination history information" and "subscriber's information" such as name and address must be saved for two years.

H.B. 2288, which was introduced Friday, says the dossiers must include a list of Internet Protocol addresses … Read more

American citizens can be ordered to decrypt their PGP-scrambled hard drives for police to peruse for incriminating files, a federal judge in Colorado ruled today in what could become a precedent-setting case.

Judge Robert Blackburn ordered a Peyton, Colo., woman to decrypt the hard drive of a Toshiba laptop computer no later than February 21--or face the consequences including contempt of court.

Blackburn, a George W. Bush appointee, ruled that the Fifth Amendment posed no barrier to his decryption order. The Fifth Amendment says that nobody may be "compelled in any criminal case to be a witness against himself,&… Read more

The U.S. Supreme Court's sweeping decision requiring police to obtain search warrants to plant GPS tracking devices on automobiles will broadly enhance Americans' electronic privacy rights, legal experts predicted today.

This morning's unanimous ruling (PDF) says the customary law enforcement practice of installing GPS trackers without judicial approval--which has become more common as prices have fallen--violates Americans' Fourth Amendment rights to be free from warrantless searches.

That reasoning suggests police also need to obtain warrants before tracking the locations of cell phones and mobile devices, another contentious topic currently before the courts, said Greg Nojeim, an … Read more

When Rep. Lamar Smith announced the Stop Online Piracy Act in late October, he knew it was going to be controversial.

But the Texas Republican probably never anticipated the broad and fierce outcry from Internet users that SOPA provoked over the last few months. It was a show of public opposition to Internet-related legislation not seen since the 2003 political wrangling over implanting copy-protection technology in PCs, or perhaps even the blue ribbons appearing on Web sites in the mid-1990s in response to the Communications Decency Act.

Consider the concerted protest on January 18 by high-profile Web companies and organizations. … Read more