Sunday, May 11, 2008

House approves new property seizure law



Lee Rogers
Rogue Government
May 9, 2008

The criminals in the federal government are now trying to legalize the seizure of computers and other property under the guise of strengthening intellectual property laws. HR 4279 or the Prioritizing Resources and Organization for Intellectual Property Act of 2008 which was recently passed by the U.S. House of Representatives, will give the government draconian powers to do just this. This legislation gives the government the power to seize property that facilitates the violation of intellectual property laws. The legislation also mandates the formation of a formal Intellectual Property Enforcement Division within the office of the Deputy Attorney General to enforce this madness. In addition, a new office called the Office of the United States Intellectual Property Enforcement Representative is created within the Executive Office of the President. If you boil it down to brass tax, this legislation allows the U.S. government to lawfully seize your computer if it has one unauthorized mp3 file on its hard drive. It also provides the authorization for the creation of offices within the executive branch to enforce a law that is impossible to enforce.

Below is taken from section 202 of HR 4279 that gives the federal government the authorization to seize property that may have been used to facilitate an intellectual property violation. The language in this section indicates that a violation would include downloading a single unauthorized mp3 file on to a computer.

d) Unauthorized Recording of Motion Pictures- Section 2319B(b) of title 18, United States Code, is amended to read as follows:

`(b) Forfeiture and Destruction; Restitution-

`(1) CIVIL FORFEITURE PROCEEDINGS- (A) The following property is subject to forfeiture to the United States:

`(i) Any copies of a motion picture or other audiovisual work protected under title 17 that are made without the authorization of the copyright owner.

`(ii) Any property constituting or derived from any proceeds obtained directly or indirectly as a result of a violation of subsection (a).

`(iii) Any property used, or intended to be used, to commit or facilitate the commission of a violation of subsection (a) that is owned or predominantly controlled by the violator or by a person conspiring with or aiding and abetting the violator in committing the violation, except that property is subject to forfeiture under this clause only if the Government establishes that there was a substantial connection between the property and the violation of subsection (a).

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Incredibly, this bill was passed by a vote of 410-11. Two of the dissenting voters included Dennis Kucinich and Ron Paul.

~ read on... ~

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