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Wednesday, December 12, 2007
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Due Process Is Such An Antiquated Idea

A new bill has been introduced in the House, with bipartisan support, which aims to give the federal government the ability to seize more of your property without trial.  The bill is called the Prioritizing Resources and Organization for Intellectual Property Act of 2007, or PRO IP for short.  I know... I'm sure a staffer worked for hours trying to think up a title that would have a cool acronym.  Along with stiffening the penalties for copyright infringement, it creates yet another new federal agency (the Office of the United States Intellectual Property Enforcement Representative) which will be tasked with enforcement.

The downright scary parts of the bill are the portions which grant the government civil asset forfeiture rights on "Any property used, or intended to be used, to commit or facilitate the commission of a violation of section 506(a) of title 17 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."  In most cases of copyright violation, this would be your computer, and any computer equipment you own.  Though given the glee with which agencies like to use civil asset forfeiture, they might consider your house as property that is used to commit a violation of this law as well.

For those of you who are unfamiliar with civil asset forfeiture, it is the process by which the government takes your property (not you) to court for seizure.  Your property can then be found guilty and seized for sale at auction, or destruction.  Your property is presumed guilty, and you as the owner have to prove that it was not used in the commission of a crime.  In many cases the property owner is also charged with a criminal violation at the same time relating to the civil forfeiture, but that is not required.  Moreover, you can be found not guilty of committing a crime, but your property can still be found guilty and seized in the related procedure.

What country do we live in again?

# Posted at 12:46 PM by Nick  |  Comment Feed Link 2 Comments  |  No Trackbacks

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Wednesday, December 12, 2007 1:41:41 PM (Central Standard Time, UTC-06:00)
Sounds like PROfessional rIPoff to me, and I'm as dumb as a bag of hair.
Thursday, December 13, 2007 8:59:14 AM (Central Standard Time, UTC-06:00)
We live in CanMexiMerica, didn't you know?
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