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By John Borland
Posted on ZDNet News: Aug 5, 2004 8:26:00 PM

A group of 46 state attorneys general sent a deeply critical letter to file-sharing companies Thursday, asking them to take stronger action on privacy and intellectual-property violations.

The letter follows some discussion between the states' top law enforcers and the companies themselves. The companies requested a dialogue after a draft letter was leaked last spring. That letter was similarly critical of the file-sharing firms.

Thursday's letter asked makers of file-sharing software to take "meaningful steps" to prevent the dissemination of child pornography, invasion of privacy and copyright infringement. The group stopped short of citing specific legal action that states might take against companies but said they could target individuals using file-swapping networks for fraudulent purposes.

"We are writing to encourage your companies to take concrete and meaningful steps to address the serious risks posed to the consumers of our states by your companies' peer-to-peer file-sharing technology," the letter said. "At present, P2P software has too many times been hijacked by those who use it for illegal purposes, to which the vast majority of our consumers do not wish to be exposed."

File-sharing companies, which have long been criticized by big entertainment companies for allowing unrestrained trade in copyrighted works, have more recently come under fire for broader issues.

Although there is little evidence that child pornography or other criminal activities unrelated to copyright issues are any more prevalent on peer-to-peer networks than elsewhere on the Internet, entertainment companies and some policymakers have increasingly pointed to these issues as reason to impose new regulations on the networks and technology.

In Washington, Sen. Orrin Hatch, R-Utah, is sponsoring a bill that would hold file-sharing companies liable for the illegal actions of their users, a measure that could push the existing commercial networks out of business.

The state attorneys general have been looking at this issue for much of the year and have been consulting entertainment groups, including the Motion Picture Association of America.

In their letter, the attorneys general echo many of the sweeping complaints made by entertainment companies, saying as one example that peer-to-peer networks are replacing e-mail and online chat rooms as the favored haunts of child pornographers.

The letter specifically asks that file-sharing companies stop encrypting network transmissions in ways that make it difficult for law enforcement to investigate and enforce the law. The group also asks that the companies stop bundling spyware and adware with their software, and add filters that can block offensive materials.

The letter makes some technical claims that are difficult, if not impossible, to support, including a claim that a computer that is "off" can continue swapping files over a broadband connection.

Peer-to-peer companies say they have tried to work with the attorneys general since learning that the group was interested in the issue. Representatives of file-sharing companies and entertainment companies each spoke at the attorneys general national meeting in June.

Peer-to-peer executives say their voices have been drowned out by the lobbying of entertainment companies, however.

"This appears to be a case of contempt prior to investigation," StreamCast Networks CEO Michael Weiss said. "This appears to be a continuation of the lies and deceit being perpetrated by the entertainment industry against P2P companies to Congress, the American public and now the offices of the attorneys general."

Marty Lafferty, chief executive of the Distributed Computing Industry Association, another peer-to-peer group, said he has seen what appeared to be a draft of the current letter and that it contained substantial mischaracterizations of the technology and the file-swapping networks.

"We want to meet with (the attorneys general) and see if they'll go through and separate the totally false allegations from those things where there might be something we could respond to," Lafferty said. "This is all part of a smear campaign by major labels and studios."

News of the letter was first reported by The Washington Post.

  • Talkback
  • Most Recent of 97 Talkback(s)
Holy Conspiracy Theory
I think this post has a really distorted view of what file-sharing is really about. The government is trying to heal a broken finger by amputating the arm.
The whole "Shadow Government" theory is a bit that should be saved for hollywood.... (Read the rest)
Posted by: gooch1 Posted on: 08/23/04 You are currently: Logged In as: a Guest  | Login | Terms of Use
Another look at pirates.  Vily Clay | 08/05/04
Would you like some flowers for your hair?  No_Ax_to_Grind | 08/05/04
We'd ALL like for you to get a job someday  Jeff Spicoli | 08/05/04
NWOR  No_Ax_to_Grind | 08/05/04
No_Ax, if you have to say nothing – say nothing. (NT)  Vily Clay | 08/05/04
When you own ZDNet, you can make the rules.  No_Ax_to_Grind | 08/05/04
Relax No_Ax, I want to save your time. Say thanks, please. (NT)  Vily Clay | 08/05/04
Until then we have to deal with non-replying twits  Jeff Spicoli | 08/05/04
Vily, look after yourself, I don't need your help.  No_Ax_to_Grind | 08/05/04
Apparently you are mistaken. (NT)  Vily Clay | 08/05/04
And thou... NWOABTTH :oP  Jack-Booted EULA | 08/06/04
One point  rapson | 08/05/04
well said (NT)  tamuhockey | 08/05/04
Spot on!  No_Ax_to_Grind | 08/05/04
Watch Fahrenheit 911 - then talk. (NT)  Vily Clay | 08/05/04
But take F911 with a grain of salt  voska | 08/05/04
No, more like half a grain...  No_Ax_to_Grind | 08/05/04
No he didn't  Jeff Spicoli | 08/05/04
NWOR  No_Ax_to_Grind | 08/05/04
How is this NWOR No Ax?  tic swayback | 08/05/04
What I heard  rapson | 08/05/04
Thank you Tic..  Jeff Spicoli | 08/05/04
tic, have you been living under a rock?  No_Ax_to_Grind | 08/05/04
It's a shame then  tic swayback | 08/05/04
Not at all tic...  No_Ax_to_Grind | 08/05/04
You're a laughable character Bit  Jeff Spicoli | 08/05/04
What was blatantly wrong?  Jeff Spicoli | 08/05/04
The only wrong thing – the situation is worse than he showed. (NT)  Vily Clay | 08/05/04
Believe me, I know..I wish a movie were made focusing solely on 9/11  Jeff Spicoli | 08/05/04
I'm not sure how much of this is true, but..  d_jedi | 08/05/04
Moore was on Bill Mauher and when pushed hard...  No_Ax_to_Grind | 08/05/04
In support of Ax  buxxmaster | 08/05/04
Facts versus opinions  tic swayback | 08/05/04
tic, you know full well a documentary...  No_Ax_to_Grind | 08/05/04
Moore said these things to deflect attention away from himself  Jeff Spicoli | 08/05/04
No Ax, you are way off here  tic swayback | 08/05/04
About the article ( d_jedi).  Vily Clay | 08/05/04
here you go  voska | 08/06/04
propaganda and truth can't go hand in hand  Jeff Spicoli | 08/06/04
More points  Jeff Spicoli | 08/05/04
Good ones  rapson | 08/05/04
And..  Jeff Spicoli | 08/05/04
do a search  buxxmaster | 08/05/04
I never said..  Jeff Spicoli | 08/05/04
Careful Carl, some self important person will...  No_Ax_to_Grind | 08/05/04
You called it!  rapson | 08/05/04
I never said everyone's too dumb to vote..  Jeff Spicoli | 08/05/04
Careful guys  Protector | 08/05/04
Some ummm, people are just so predictable.  No_Ax_to_Grind | 08/05/04
Thankfully you always "surprise" everyone Ax..  Jeff Spicoli | 08/05/04
NWOR  No_Ax_to_Grind | 08/05/04
Bit (No_Ax), if you have to say nothing – read another proposal: …  Vily Clay | 08/05/04
Holy Conspiracy Theory  gooch1 | 08/23/04
Political pawns  Chad_z | 08/05/04
Umm, re-read it.  No_Ax_to_Grind | 08/05/04
WHAT ARE YOU TALKING ABOUT???  Jeff Spicoli | 08/05/04
NWOR  No_Ax_to_Grind | 08/05/04
For those that missed it.  No_Ax_to_Grind | 08/05/04
now i just wish...  ryusen | 08/05/04
I agree 100%  No_Ax_to_Grind | 08/06/04
never said it was an excuse...  ryusen | 08/06/04
look at ALL the issues they presented...  ryusen | 08/05/04
need to recant some of what i said.  ryusen | 08/06/04
What, exactly, is a "file-sharing company"?  tic swayback | 08/05/04
Uh huh, I just bet everyone agrees.  No_Ax_to_Grind | 08/05/04
Uh Huh, go back to fantasyland, my friend  Jeff Spicoli | 08/05/04
NWOR  No_Ax_to_Grind | 08/05/04
But technically they are filesharing companies  voska | 08/05/04
Trust me, the law mankers understand the difference.  No_Ax_to_Grind | 08/05/04
But their intentions don't really matter, it's the letter of the law  tic swayback | 08/05/04
I'd hope law makers do understand  voska | 08/05/04
Well, when they go after MS or Apple, then I'll think on it.  No_Ax_to_Grind | 08/05/04
Who is "they"?  tic swayback | 08/05/04
Well, I know where I'll get rich  voska | 08/06/04
Exactly -- most all the IP "theft" happens through Microsoft Windows  Jeff Spicoli | 08/05/04
I agree until DRM is in effect  Protector | 08/05/04
DRM will do nothing  voska | 08/05/04
DRM will work.....for about 10 minutes  tic swayback | 08/05/04
No Ax, have you read the INDUCE act?  tic swayback | 08/05/04
Won't happen for M$ and the other big turds  Jeff Spicoli | 08/05/04
Lobbying won't make a difference, MS will be liable  tic swayback | 08/05/04
As I said, lawmakers know the difference.  No_Ax_to_Grind | 08/05/04
Like they knew the difference with the DMCA?  tic swayback | 08/05/04
exactly -- good point  Jeff Spicoli | 08/05/04
THIS IS RIDICULOUS  Protector | 08/05/04
YES, STEALING is Illegal and wrong !  realitycheck101 | 08/05/04
DUMB  Protector | 08/06/04
Guess What  ParadigmOdyssey | 08/06/04
What?  wrh1 | 08/06/04
Dont Take Our Persons Away  ParadigmOdyssey | 08/09/04
State AGs are great revenue agents  FilledOut | 08/06/04
Just something to consider...  No_Ax_to_Grind | 08/06/04
Don't call yourself a worm, that's not nice  tic swayback | 08/06/04
copy protection allow control - doesn;t stop piracy  V Sanders | 08/06/04
enforce current laws  V Sanders | 08/06/04
Can the USA run the entire world?  tic swayback | 08/06/04
requiring isps to monitor users  V Sanders | 08/06/04

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