more on How bizarre can it get?? We're about to find out...

[David Farber <dave () farber net>]

Begin forwarded message:

From: Declan McCullagh <declan () well com>
Date: September 29, 2004 2:28:55 PM EDT
To: dave () farber net
Cc: mo () ccr org
Subject: Re: [IP] How bizarre can it get?? We're about to find out...

Mike O'Dell wrote:
> if INDUCE is passed into law, we'll have the curious situation
> where it will be illegal to share a file or (possibly) own an iPod,
> but legal to own a military assault rifle.
> I admit to not tracking the statistics closely,
> but I didn't realize that so many people were being killed with iPods.

I agree with Mike that the Induce Act is hardly a terrific idea, but I  
think he's misstating a few points along the way.

First, the current draft of the Induce Act circulated last Friday only  
deals with "manufacturing, offering to the public, providing, or  
otherwise trafficking in any product or service" -- something that  
wouldn't affect you if you already own an iPod or any other product.  
Induce targets manufacturers, not end users. You just might not be able  
to buy a replacement, that's all. :)

Second, Induce doesn't affect whether sharing an individual file is  
legal or not. Mike may be thinking of other bills, like one the House  
approved yesterday, that do:
http://news.com.com/House+votes+to+target+P2P+pirates/2100-1028_3 
-5387682.html

Third, the law against so-called "assault weapons" is no more properly  
named than laws like the Communications Decency Act or the Patriot Act.  
Guns targeted by the ban are not more powerful or capable of more rapid  
fire than those that remain legal. The law bans certain firearms  
because of politically incorrect cosmetic features like bayonet lugs  
(random bayonetting of innocents is, you know, a national plague).

Fourth, the right to "keep" firearms is enshrined in the Bill of Rights  
while the right to own an iPod is not as constitutionally explicit.  
Like other rights in the BoR, the Second Amendment protects an  
individual right to own firearms (arguably) similar to whatever is  
being used in the military. See Prof. Eugene Volokh's testimony to  
Congress:
http://www1.law.ucla.edu/~volokh/beararms/testimon.htm
"The Second Amendment does indeed secure an individual right to keep  
and bear arms."

Best,
Declan

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