RIAA Calls 4th Amendment Passe: Pushes For Warrantless Searches
from the entitlement? dept
Wow. It's been obvious to plenty of people for quite some time that the RIAA and the MPAA don't much care about things like free speech and due process rights afforded to people under the Constitution (see COICA and the PROTECT IP Act). But, I hadn't realized they'd gone so far as to blatantly disregard something like the 4th Amendment. Obviously, as we've been discussing lately, it seems like all three branches of the federal government have decided to crush the 4th Amendment, but they usually try to at least pretend that they're paying attention to the Constitution.Not any more, apparently.
The RIAA has been pushing the state of California to pass a new law that would allow completely warrantless searches for law enforcement, allowing them to enter and search any CD or DVD manufacturing plant without either notice or a court order.
Yes, let's repeat that: the RIAA is pushing a law that would let law enforcement, without any oversight, without any probable cause, without any notice, enter and search any company premises that involves pressing CDs or DVDs, in order to assure that they're legal. Oh, and if said law enforcement discovers repeat violations, fines can be up to $250,000.
The RIAA claims that the 4th Amendment doesn't apply here because of all the recent attacks on the 4th Amendment by the courts:
The RIAA argued that courts had carved out 4th Amendment exceptions already. So far, it said, warrantless searches have been allowed at such businesses as automobile junkyards and repair shops, mines, gun and liquor stores, nursing homes, massage parlors, pawn shops and wholesale fish dealers.It gets worse. The RIAA's Marcus Cohen honestly makes this sound like it's no big deal:
The common trait, the trade group contended, was that the businesses were in "closely regulated" industries in which "the pervasiveness and regularity of the government's regulation reduces the owner's expectation of privacy in his business records."
"We're literally talking about walking into a plant, walking up to the line and ensuring that, indeed, the discs are in compliance," he said. "I don't think the scope of the search is something a regulator needs to be worried about."Oh really? And how about the RIAA member labels? How about, in exchange, they let some of us walk into their offices, take a look at their books and ensure that their royalty payments to artists are in compliance? I don't think the scope of such a review is anything to be worried about, right?
And, here's the crazy thing. Despite numerous legal experts saying that the bill is almost certainly unconstitutional, it sounds like it has a decent chance of passing. It's sponsored by California state Senator Alex Padilla and has already been approved by two separate committees, and will be heard on the Senate floor on Monday. If it passes there, it'll go to the Assembly. You can see the full text of the bill, SB 550 at that link, or embedded below.
It's really an astounding showing of the sense of entitlement of the RIAA that it feels that the 4th Amendment shouldn't apply. The RIAA and its member labels should be ashamed of themselves.
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Filed Under: 4th amendment, alex padilla, california, cds, dvds, warrants
Companies: riaa
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You'll be able to. It should apply across the board. Right?
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The weighted voting system will be simple:
$1 = 1 vote. More dollars means more votes.
After all, people with more money have more vested interest in making the political system work properly, right?
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Unintended consequences
Way to go **AA folks... you've just cost us even more jobs.
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Re: Unintended consequences
Didn't it move to China years ago?
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They'll have to include those too. Sounds like an eventual excuse for warrantless searches of any home with a computer.
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Way to funny .... a law with un-planned obsolescence
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Re: Way to funny .... a law with un-planned obsolescence
Of course, in five years, everything will probably have some cheap way to store digital information.
Because jobs! The economy. America! And freedom.
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Re: Re: Way to funny .... a law with un-planned obsolescence
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Re: Narrow thinking.
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Re: Re: Narrow thinking.
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Re: Freedom of speech is already on its way out...
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Hahaha
I don't think they know what shame is.
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ACLU
"The American Civil Liberties Union questioned the constitutionality of the bill but so far has not opposed the measure because it said the bill appeared to be narrowly drawn."
While this idea that it may be narrowly construed on the basis of other exceptions to the 4th Amendment may be so, it appears to be just another effort to chip away at those rights. When combined with the recent SCOTUS decision on giving police leeway in home searches ( http://lat.ms/kSizRU), any advances in 4th Amend. rights that might have been made by Sen. Leahy's updating of the ECPA have been obliterated, turning the 4th Amend. into more of a novelty than something truly enforceable. At this stage, our country should just stop embarrassing itself and remove it from the Constitution altogether. We can explain to our kids that the reason the Amendments go from the 3rd to the 5th is that now that we have absolute trust in our gov't and corporations, we no longer need it ;)
Damn shameful what's happening.
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Re: ACLU
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"Who am I? I'm here from the RIAA, just checking for compliance. No I have no badge or warrant, I don't need one. I'll just be taking this back to the lab for testing."
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killing jobs
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Clearly, painting 50% of the US population as evil with one brush stroke is an entirely rationale position founded in fact. Now all we need is some birther to come in here and claim that "'dem liber-UH-ls are destroying our country!", and the ignorant, partisan, internet hackery will have come full circle.
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For the People, By The People.
Not the Corporations.
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Bill of Rights
A steady erosion of rights in the USA is so much a necessity in our fight for profits and against terrorism, this is partly about terrorism you know and think of the children. The pedophiles are involved here somewhere, I just know it.
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I pray and hope that we escape this twisted RIAA totalitarian mind controlling DRM chip regime on May 21 this Friday.
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RIAA
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Re: RIAA
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Hmm....
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Re: Hmm....
http://news.slashdot.org/story/08/11/21/1644213/RICO-Class-Action-Against-RIAA-In-Missouri
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nice plant you got here
"Oh, we got a problem here. These discs don't look compliant. Yeah, you got way too many of 'em here, they don't got our seal of approval or nothing, this whole operation got a infringey look. Now you just have a seat while we go through your computer and -- is that your locker? Calm down sir, I don't think this is something you need to worry about."
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Re: nice plant you got here
I know we will place stickers on all disks that say "Not for pirate use. Violators will be sent to Davy Jones locker."
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Re: Re: nice plant you got here
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Search the RIAA
I would love to know how many companies they have hired to put out false torrents with the same name as the movie the RIAA has at the movie theater, then force the RIAA to explain how come it is illegal to download the movie torrent when they are themselves paying companies to put them out there. All of this information is on the RIAA computers.
I think the RIAA should sign an agreement to voluntarily forgo the protections of the 4th Amendment. Mabe then we will take them seriously.
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Re: Search the RIAA
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Do these searches meet this test? That's the question. It's not as simple as warrantless search = Fourth Amendment violation, IMO.
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Of course you don't, because you are a douchebag and a slimeball.
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Odd, that.
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I think you're confusing the constitution with the supreme court.
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And when the court's answer is "there's no such thing", I don't think they're the one's we should be asking.
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something screwy with your commenting times here.. this post states 12:07pm, mine directly below and in same leaf of thread, says 10:46pm. and this comment was already here before I posted.
Do Anons have diff Time base? or did the server reboot? or have I gone through a time loop without knowing about it.. damn what were those lotto numbers again ;)
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Too much blood in my caffeine system.. either that or not having slept for over 25hrs.. Blah
*The stupidity.. I haz it* ;(
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A few questions though from reading the above
Is the DVD/CD Industries (Publication, Manufacturing, or other) regulated in any way by government.
If regulated is it any different from the standard business regulations that any corporation has under law. In other words is it a substantial regulatory regime?
If substantially different does it have factors that are there to mitigate against negligent (known or unknown) that could cause immense safety, health or financial damage to the public 'at large'.
If all the above are true is the regulatory regime a State or Federally mandated regime? If State does the supremacy rule of Federal Govt effect the regulations
Unless all of the above are positive and there is no Federal v. State problem then I cannot see this law being passed, and if passed I can see it being held as unlawful, unequitable, and most likely conflicts with already available warrant abilities.
Also I can only see a need for this based on the idea that evidence could be destroyed if warrants are applied for first.
Isn't there already a process by which if probable cause exists an Impoundment order (we call them Anton Piller orders) could be applied for and carried out to stop potential destruction of relevant evidence?
Though Anton Piller Orders must here meet three rigorous tests that place a heavy burden on applicants, being:
* A prima facia case that is extemely strong
* Any damage must be both serious and reasonably expected to occur
* A real possibility that any evidence, and that the evidence exists in Respondents possession, may be destroyed before any inter partes application can be initiated
There is also the further burden on the applicant that they must put forth any likely counter arguments of the respondents as though the respondents were present to oppose said order. Not to mention a penalties that can be applied by courts on applicant if any breaches occur.. Sort of like an AntiSLAP situation.
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We're not doing away with free speech
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Fuck 'em
MY THOUGHTS ON THE RIAA: FUCK THE FUCKING FUCKERS!
No, wait, I take that back! Nobody should be forced to actually FUCK them! That's just gross!
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"RIAA Calls 4th Amendment Passe: Pushes For Warrantless Searches"
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Re: "RIAA Calls 4th Amendment Passe: Pushes For Warrantless Searches"
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The More You Know!(r)
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Ultimately, constitutionality will be measured against whatever is contained in any legislation that may pass into law as a California statute.
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It is not at all unusual for a state to have constitutional provisions that are more stringent than the US Constitution. A statute can pass federal muster, and yet fall flat on its face under in state courts.
Federalism is not dead, though it might seem otherwise subsequent to Lochner.
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The 4th Is Already Dead
Put two an two together, and not only can the police manufacture themselves a de-facto warrant at will, but even if they don't there's nothing you can do about it anyway. Eat it, serf.
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Re: The 4th Is Already Dead
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do not vote for anyone currently in office or anyone that has previously been in office during the next election. 100% every elected position and then run up to the first news camera and tell them you voted against this kind of crap.
granted, you would have to have 75% of the voters (no, not those, the ones that actually vote) to go along with it and there is way to much self identity for people who are obsessed with partisan politics to work... but i think its something that would make them sit up and take notice.
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Not just RIAA..watch out in Indiana
INDIANAPOLIS | Overturning a common law dating back to the English Magna Carta of 1215, the Indiana Supreme Court ruled Thursday that Hoosiers have no right to resist unlawful police entry into their homes.
In a 3-2 decision, Justice Steven David writing for the court said if a police officer wants to enter a home for any reason or no reason at all, a homeowner cannot do anything to block the officer's entry.
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The next step...
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I have the answer; but not for creationists...on second thought...
In the 'extremely rare' chance a search was not reasonable it might be too late. The government most likely would have already provided information to the corporate media to assist in the process of Justice and fairness to all parties involved -sarcasm intended-.
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Re: I have the answer; but not for creationists...on second thought...
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Unless I'm missing something, it sounds like the RIAA/MPAA want the police to conduct regular, unannounced inspections. In other words, rather than investigating any alleged crime, they want the police to literally become their own private security force, taking time out from catching real criminals to perform the kind of inspections that the entertainment industry should be doing themselves.
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Spammers. All of them.
So since we don't, and won't, pass on the complaints to the customers, they simply flood us with about 5-25 copies of every single complaint. Great strategy. So now they're being reported to spamcop, barracuda networks, and Cisco as spammers.
Others should do the same. Identify the offending source IP/email, set auto redirect to your account, and let's try to get them blacklisted.
That way they won't be able to send out bogus DMCA notices and try to scare people into paying. Bastards. I've made it a goal to distribute as many copyrighted material as long as the law allows me to. So far so good. Eat that, retards.
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RIAA Calls 4th Amendment Passe: Pushes For Warrantless Searches
Maybe that isn't enough - perhaps we need to give them powers of arrest, a pair of handcuffs, and a big stick so they can go around, arrest people at random?
Someone or some entity seriously needs to put the RIAA in it's place - a tactical nuke would suffice.
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(Campaign contributions Alex Padilla Has received - not complete)
RECORDING INDUSTRY ASSOCIATION OF AMERICA PAC WASHINGTON DC / 20036-0000ID NUMBER EMPLOYER OCCUPATION943103 AMOUNT TYPE TRANS. DATE FILED DATE TRANS #$1,000.00 INITIAL 10/29/2010 10/29/2010 1539329-C7418
WARNER BROS. ENTERTAINMENT INC. BURBANK CA / 91522-0000ID NUMBER EMPLOYER OCCUPATIONAMOUNT TYPE TRANS. DATE FILED DATE TRANS #$1,100.00 INITIAL 5/14/2010 5/14/2010 1487977-C6994NAME OF CONTRIBUTOR CITY STATE/ZIP
WARNER BROS. ENTERTAINMENT INC. BURBANK CA / 91522-0000ID NUMBER EMPLOYER OCCUPATIONAMOUNT TYPE TRANS. DATE FILED DATE TRANS #$1,400.00 INITIAL 5/14/2010 5/14/2010 1487977-C6993
DISNEY WORLDWIDE SERVICES, INC. BURBANK CA / 91521-0000ID NUMBER EMPLOYER OCCUPATIONAMOUNT TYPE TRANS. DATE FILED DATE TRANS #$100.00 INITIAL 5/14/2010 5/14/2010 1487977-C6992NAME OF CONTRIBUTOR CITY STATE/ZIP
DISNEY WORLDWIDE SERVICES, INC. BURBANK CA / 91521-0000ID NUMBER EMPLOYER OCCUPATIONAMOUNT TYPE TRANS. DATE FILED DATE TRANS #$1,900.00 INITIAL 5/14/2010 5/14/2010 1487977-C6991NAME OF CONTRIBUTOR CITY STATE/ZIP
MOTION PICTURE ASSN. OF AMERICA CA PAC ENCINO CA / 91436-0000ID NUMBER EMPLOYER OCCUPATION901889 AMOUNT TYPE TRANS. DATE FILED DATE TRANS #$100.00 INITIAL 5/14/2010 5/14/2010 1487977-C6990
MOTION PICTURE ASSN. OF AMERICA CA PAC ENCINO CA / 91436-0000ID NUMBER EMPLOYER OCCUPATION901889 AMOUNT TYPE TRANS. DATE FILED DATE TRANS #$900.00 INITIAL 5/14/2010 5/14/2010 1487977-C2047
DISNEY WORLDWIDE SERVICES, INC. MONETARY BURBANK CA/91521ID NUMBER EMPLOYER OCCUPATIONAMOUNT TRANS. DATE FILED_DATE TRANS #
$2,000.00 8/24/2007 3/24/2008 1311371-C4055
SONY PICTURES ENT., INC. MONETARY CULVER CITY CA/90232
ID NUMBER EMPLOYER OCCUPATION
AMOUNT TRANS. DATE FILED_DATE TRANS #
$1,000.00 8/24/2007 3/24/2008 1311371-C4056
MOTION PICTURE ASSN. OF AMERICA CA PAC MONETARY ENCINO CA/91436
ID NUMBER EMPLOYER OCCUPATION
901889
AMOUNT TRANS. DATE FILED_DATE TRANS #
$1,000.00 8/28/2007 3/24/2008 1311371-C4060
PARAMOUNT PICTURES GROUP MONETARY LOS ANGELES CA/90038
ID NUMBER EMPLOYER OCCUPATION
AMOUNT TRANS. DATE FILED_DATE TRANS #
$1,000.00 8/29/2007 3/24/2008 1311371-C4070
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Well
We can move the case to East Texas (home of the Yee-Haa execution squad), they should have no problems with that right?????
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and
I'm not sure how but these people are getting away with being direct enemies of the US, where other spies and traitors have been hung/shot/electrocuted at the first opportunity.....
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