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Location: Nashville, Tennessee, United States

5/23/2003

Digital Freedom: Battles Won, War Not Over
Legislation that would have given the cable television industry the power to prohibit customers from attaching "unauthorized" devices to their cable outlet won't come up for a vote this year. According to a story in today's Tennessean (which had largely ignored the debate over this legislation):

Backers said the bill was needed to update state law on the theft of cable and other telecommunications services. Opponents - many of them computer professionals and enthusiasts who mobilized via the Internet - said no new law was needed and the measure as originally written threatened privacy and civil liberties.
Tony Campbell, a web developer and opponent of the bill, told the Tennessean he welcomes the opportunity to work with lawmakers to craft legislation to protect intellectual property rights while allowing consumers "'to use technology the way we want to." Sen. Curtis Person, the Memphis Republican with close family ties to the cable industry, who sponsored the bill in the senate, said Thursday he will introduce a joint House-Senate resolution to send the measure to a study committee charged with reporting back to legislators by Feb. 1, 2004.

The battle is not over - the cable industry and the Motion Picture Association of America will be back next year with another attempt to pass legislation that empowers them at the expense of your fair use rights under federal copyright law.

COLORADO UPDATE: Here's a story on the veto of similar legislation in Colorado. And here's the full text of the Consumer Electronics Association's press release praising the veto. An excerpt:
"In vetoing HB1303, Governor Owens protected the people of Colorado against those who seek to curtail innovation and consumer rights and has once-again underscored his position as a leading advocate for technological advancement. "HB1303 was promoted as addressing only theft of cable service. In reality, this vague bill would have extended and broadened the Digital Millennium Copyright Act (DMCA) to criminalize honest consumers and legitimate products, subjecting Colorado citizens to massive civil penalties for using lawful devices in the privacy of their homes. "CEA stands firmly against piracy and theft of service. However, as Governor Owens made clear, any bill addressing this issue must be narrowly drafted so it does not penalize lawful consumers, manufacturers and retailers. "While we commend Gov. Owens for his courageous veto, we are troubled that harmful legislation similar to that rejected in Colorado remains pending in many states. Versions of this anti-consumer legislation are under active consideration in Texas and Tennessee.
The CEA press release says a version of the legislation has already been passed by the Tennessee legislature, but that is obviously an error.