He makes the argument that the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 is very much unconstitutional, in that its hefty fines for copyright infringement (misleadingly called "theft" in the title of the bill) show that the bill is effectively a criminal statute, yet for a civil crime. That's because it really focuses on punitive damages, rather than making private parties whole again. Even worse, it puts the act of enforcing the criminal statute in the hands of a private body (the RIAA) who uses it for profit motive in being able to get hefty fines.

Imagine a statute which, in the name of deterrence, provides for a $750 fine for each mile-per-hour that a driver exceeds the speed limit, with the fine escalating to $150,000 per mile over the limit if the driver knew he or she was speeding. Imagine that the fines are not publicized, and most drivers do not know they exist. Imagine that enforcement of the fines is put in the hands of a private, self-interested police force, that has no political accountability, that can pursue any defendant it chooses at its own whim, that can accept or reject payoffs in exchange for not prosecuting the tickets, and that pockets for itself all payoffs and fines. Imagine that a significant percentage of these fines were never contested, regardless of whether they had merit, because the individuals being fined have limited financial resources and little idea of whether they can prevail in front of an objective judicial body.

Another news story.

This normally works pretty well, but there's a court case in Brisbane right now about a hotel giving a room key to someone who ended up sexually attacking the woman who had rented the room.

In civil action launched yesterday, the woman alleges the man was given the spare access key to her room by a hotel staffer.

The article doesn't say what kind of authentication the hotel requested or received.

Lord Broers, the Committee Chairman during the first inquiry, kicked things off, followed by various Lords who had sat on the Committee (and two others who hadn’t) then the opposition lead, Viscount Bridgeman, who put his party’s point of view (of which more in another article). Lord Brett (recently elevated to a Lord in Waiting — ie a whip), then replied to the debate and finally Lord Broers summarised and formally moved the “take note” motion which, as is custom and practice, the Lords then consented to nem con.

The Government speech in such a debate is partially pre-written, and should then consist of a series of responses to the various issues raised and answers to the questions put in the previous speeches. The Minister himself doesn’t write any of this, that’s done by civil servants from his department, sitting in a special “box” at the end of the chamber behind him.

However, since the previous speeches were so strongly critical of the Government’s position, and so many questions were put as to what was to be done next, I was able to see from my excellent vantage point (as TV viewers would never be able to) the almost constant flow of hastily scribbled notes from the box to the Minister — including one note that went to Lord Broers, due to an addressing error by the scribblers!

The result of this barrage of material was that Lord Brett ended up with so many bits of paper that he completely gave up trying to juggle them, read out just one, and promised to write to everyone concerned with the rest of the ripostes.

Of course it didn’t help that he’d only been in the job for five days and this was his first day at the dispatch box. But the number of issues he had to address would almost certainly have flummoxed a five-year veteran as well.

Amusing though this might be to watch, this does not bode well for the Government getting to grips with the issues raised in the reports. In technical areas such as “Personal Internet Security”, policy is almost entirely driven by the civil servants and not by the politicians.

So it is particularly disappointing that the pre-written parts of the Minister’s speech — the issues that the civil servants expected to come up and which they felt positive about addressing — were only a small proportion of the issues that were actually addressed in the debate.

It still seems as if the penny hasn’t dropped in Whitehall