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Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
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« Ukraine Passes Internet Censorship Law | Main | Coffeeshop Shuts Down Free WiFi on the Weekend: Mass Panic Results »

May 27, 2005

Terrorism and Copyright Infringement

Posted by Ernest Miller

C|Net News reports on testimony before Congress regarding links between criminal copyright infringement groups and terrorism (Terrorist Link to Copyright Piracy Alleged):

"Some associates of terrorist groups may be involved in IPR crime," Stedman said. "During the course of our investigations, we have encountered suspects who have shown great affinity for Hezbollah and its leadership." [emphasis added]
Well, you could pretty much say the same about the entire French left-wing.

The real issue here is not whether terrorists are involved in criminal copyright infringement, they undoubtedly are, just as they are involved in many other legitimate and illegitimate businesses (the oil business comes to mind), but whether rhetorically tying copyright infringement to terrorism will become an excuse to pass draconian copyright measures that have nothing to do with stemming terrorism. Filesharing, for example, doesn't really help terrorists since it is so difficult to make money from people sharing copyrighted works.

Even though Stedman's evidence is circumstantial, his testimony comes as Congress is expected to consider new copyright legislation this year. An invocation of terrorism, the trump card of modern American politics, could ease the passage of the next major expansion of copyright powers.
Prediction: Expect to see a lot more mentions of "combatting terrorism" in statements from the MPAA, RIAA and/or similar organizations. They may not explicitly link it to their fight against filesharing, but they would sure love to confuse the issue and get it linked in people's minds.

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