IP: When you get convicted

[Dave Farber <farber () cis upenn edu>]

For Immediate Release:


For more information contact:
Shari Steele 301.375.8856 or ssteele () eff org


Barry Steinhardt
415 436 9333 Barrys () eff org




Electronic Frontier Foundation Urges US Sentencing Commission to Draft
Reasonable Guidelines for New Criminal Copyright Law


        WASHINGTON, DC--March 12, 1998--The Electronic Frontier 
Foundation (EFF) today called on the US Sentencing Commission to take a 
reasoned approach to sentencing noncommercial violators of the No 
Electronic Theft (NET) Act.  The NET Act was passed by Congress last 
year to expand criminal copyright penalties to noncommercial 
reproduction of software products.
        
        In testimony delivered to the Commission, which is charged with 
providing direction to federal judges assigning punishments for criminal 
convictions, EFF Staff Attorney Shari Steele said, "Without reasonable 
sentencing guidelines for the NET Act, many individuals who had no 
intention of depriving the copyright owner of profits will be subject to 
very harsh punishments.  For example," she added, "a father who gives 
his old computer with software loaded on it to his college-bound 
daughter would be criminally liable under the NET Act if he loaded that 
software again on his new computer.  Depending on the value of the 
software, that father could face similar punishment to someone selling 
pirated copies of software.  That's just not right."


        In its comments, EFF pushes for the Commission to treat
noncommercial infringements less harshly than commercial ones.  EFF 
proposed a downward departure from the guidelines for individuals who 
commit less serious offenses.


        EFF also argues for the Commission to define the culpability of
copyright violators by the retail value of the software that has been
copied.  The Department of Justice, on the other hand, recommended
defining culpability according to the perceived loss to the copyright
holder.  The comments argue that retail value is a much more objective
measure of harm.


        "Someone who engages in small copyright violations, such as
limited trading of low cost software, deserves a lesser punishment than
someone who sells mass amounts of high dollar items," Steele explained. 
"The government's 'perceived loss' standard is far too subjective."


        "The NET Act can work grave miscarriages of justice," said EFF 
President Barry Steinhardt. "The Sentencing Commission should temper its 
effects with mercy," Steinhardt said.


        The Electronic Frontier Foundation is a nonprofit, civil
liberties organization working in the public interest to promote
privacy, free expression and responsibility in digital communications.
# # #


__________________________________________________________________________


Barry Steinhardt (Barrys () eff org),President
Electronic Frontier Foundation
East Coast:     tel/fax:+ 1 203 226 4897 
West Coast:     tel:  + 1 415 436 9333 (V)


West Coast:   fax  +  1 414 436 9993 (f)
1550 Bryant Street Ste 725
San Francisco,CA 94103


You can find EFF on the Web at <http://www.eff.org>


EFF supports the Global Internet Liberty Campaign
<http://www.gilc.org>