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MIT Piracy Case Shows Technology Laws Lacking

"The court's decision suggests that Congressshould revisit this area," Stern said in hisstatement. "I intend to raise with the Departmentof Justice whether it should file legislationexplicitly dealing with willfull, multipleinfringements of copyrighted software, in order toremove any uncertainties."

Silverglate also said he believed that Congresswould reconsider the laws surrounding copyrightinfringement.

"I believe that as a result of this case,Congress will amend the copyright statute, but Iam not sure Congress will decide to criminalizeprecisely what David LaMacchia did," Silverglatesaid.

"[LaMacchia] himself did not upload nordownload nor use any [copyrighted] computersoftware," Silverglate said. "Instead, allLaMacchia did was operate a computerized bulletinboard system."

"To Criminalize what he did would be likecriminalizing operating a phone system becausepeople using that system committed crimes,"Silverglate said.

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Washington insiders said they believed thatlegislation regarding computer crimes will makeits way to the hill.

"We are currently considering what newlegislation would be needed if the decision inLaMacchia stands," said Scott Charney, chief ofthe computer crime unit in the criminal divisionof the Department of Justice.

Although the case is still pending because anappeal may be filed, Charney said the JusticeDepartment will examine the need for newlegislation in the meantime.

Such legislation, he said, would be proposedand drafted by the computer crime unit. "It wouldbe reviewed by the criminal division, theDepartment of Justice, and other federal agencies,and if approved by all, might be sent to the Hillfor Congressional action," Charney said.

Charney said the computer crime unit wasspecifically discussing an amendment to thecopyright infringement act, and hoped that thatlegislation would reach Congress before spring.

"But we are also looking at amending other lawsto address other types of computer crime," hesaid.

However, lack of interest in the Senate mayslow the progress of such legislation.

"I don't know whether anyone in Congress thinksthere needs to be any changes to address theproblem of computer piracy," said Joseph Duggan,the communications and policy director for theSenate Commerce Committee, which has jurisdictionover telecommunications issues.

The staff assistant for the subcommittee whichcontrols science and technology issues said shedid not know of any previous or forth-cominglegislation with regard to either computer piracyor the amendment of the copyright statute.

"At this point, I'm not aware of anylegislation that has been proposed this far in the104th Congress," said Dana Johnson, the staffassistant for the consumer affairs and tourismsubcommittee.

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