<![CDATA[Gizmodo: department of justice]]> http://tags.gizmodo.com/assets/base/img/thumbs140x140/gizmodo.com.png <![CDATA[Gizmodo: department of justice]]> http://gizmodo.com/tag/departmentofjustice http://gizmodo.com/tag/departmentofjustice <![CDATA[Department of Justice Scoping Out AT&T and Verizon's Anti-Competitive Streak]]> Think the ginormous bloodsuckers at AT&T, Verizon and other big telecoms are abusing their enormous power? So does someone at the Department of Justice. They've officially begun an initial review into their potential anti-competitive practices, though it's still super early in the process, so don't expect much out of this for a long, long time, if anything. But hey, something's happening. [WSJ]

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<![CDATA[RIAA and BSA's Favorite Lawyers Taking Top Department of Justice Posts]]> RIAA-fan Biden's influence in the Obama administration may be larger than anticipated, at least when it comes to file sharing: His good pals with RIAA and BSA connections keep getting Department of Justice's seats.

According to CNET, "President Obama is continuing to fill the senior ranks of the U.S. Department of Justice with the copyright industry's favorite lawyers" with the selection of Donald Verrilli, from the Verrilli Family, el Señor Presidente's latest acquisition.

Verrilli is the guy who shut down Grokster, sued Google on behalf of Viacom, and sued the pants out of Jammie Thomas in the name of the Recording Industry Association of America, that bunch of nice lovely assholes. His new position at the Department of Justice? Associate deputy attorney general.

This follows up the naming of Tom Perrelli, from the Perrelli Family, as associate attorney general, the third-in-command post at the DoJ. Perrelli was and probably still is the favorite lawyer of the RIAA, suing people and companies left, right, and center in the name of the recording gang. He will be in charge of the DoJ's civil, antitrust, and civil rights division.

But don't go away, because there's more. Who is the deputy attorney general, the second in command at the DoJ, do you ask? Mr. David Ogden, who-according to his previous job's biography-represents "media and Internet industries, as well as major trade and professional associations." He also as "part of the department who successfully defended the Sonny Bono Copyright Term Extension Act before the U.S. Supreme Court."

Not enough? Don't worry, because the VP has other friends in other places. Take Neil MacBride, another associate deputy attorney general, who previously was an aide to Biden himself. MacBride was the king of the legal hill at the Business Software Association. As the BSA's antipiracy enforcer and general counsel, MacBride oversaw the creation of the program that rewarded people for phoning tips about suspected software piracy.

All these picks follow President Obama's words, announcing that these people "bring the integrity, depth of experience and tenacity that the Department of Justice demands in these uncertain times." It also comes after his words as presidential candidate, asking for less restrictions and less power for the recording industry.

Surprised? We are not. After all, there's a pattern here. Mr. Clinton was the one who signed the DMCA. And the president of the RIAA reportedly only contributes to Democratic politicians and causes. Not that the Republicans are any better in this front, mind you.

In any case, you know what we think about the recording industry and these issues.

And no, this is not making us happy bunnies. [CNET]

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<![CDATA[The Government Doesn't Need Telcos' Help To Spy On Your Cellphones, Thank You Very Much]]> The Federal Government has used the cell tracking 'Triggerfish' gadget for years now, and sometimes with great success. That's because its an effective, invasive piece of hardware: by posing as a cell tower Triggerfish is able to quickly glean valuable identifying data from phones. Like phone taps, this had previously been thought to have been used only with the telcos' approval, and after law enforcement officials had found "probable cause" to monitor someone. That supposed caveat was a minor comfort to privacy hounds, but as is so often the case with these things, might have been, shall we say, slightly optimistic.

In response to a Freedom of Information Act request by the American Civil Liberties Union and the Electronic Frontiers Foundation, the Justice Department has sent back evidence that law enforcement officials can use Triggerfish pretty much whenever they want, without consulting the phone companies. This looks like the use of was could most charitably be called a giant goddamn loophole: secret Triggerfish deployment is OK because it only provides its users with rough location data by pairing serial numbers, phone numbers and other identifiers to a particular tower, rather than the actual content of conversations. The moral problems here are multifaceted, but the practical ones for, you know, fugitives, are easily solved: turn off your phone. You're welcome! [Ars]

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<![CDATA[Proposed Legislation Would Put "Attempted" Pirates in Brig for 1-10 Years]]> On the same day it announced the 50th conviction stemming from its massive piracy sweep, Operation Fastlink—of a member of the Apocalypse Crew (best known for dropping albums pre-street date)—the Department of Justice proposed new legislation—dubbed the Intellectual Property Protection Act of 2007—that would punish copyright infringement more harshly than ever, with no distinction between "attempts" and acts. Repeat offenders will suffer "stronger penalties" still.

DoJ's logic for throwing an "attempted" copyright infringer in the slammer for 1-10 years? "It is a general tenet of the criminal law that those who attempt to commit a crime but do not complete it are as morally culpable as those who succeed in doing so." Other "intent" clauses are strewn throughout the bill. Hit the jump to make your eyes pop out of your head.

The new legislation gives more teeth to the DMCA as well, adding forfeiture penalties on top of the 10-year sentence and $1 million fine for criminal violations of its anti-circumvention clauses.

It gets better. The Department of Homeland Security will directly notify the RIAA when pirated CDs are imported and intercepted by the government. Your computer, or anything else "intended to be used in any manner" for criminal copyright infringement is subject to forfeiture, on top of fines and jail time.

And CNET says it best here: "Wiretaps would be authorized for investigations of Americans who are "attempting" to infringe copyrights." I'm glad it's not super easy now or anything. Oh wait.

The DoJ press release's highlights:

• Provide stronger penalties for repeat-offenders of the copyright laws;
• Implement broad forfeiture reforms to ensure the ability to forfeit property derived from or used in the commission of criminal intellectual property offenses;
• Strengthen restitution provisions for certain intellectual property crimes (e.g., criminal copyright and DMCA offenses);
• Ensure that the exportation and transhipment of copyright-infringing goods is a crime, just as the exportation of counterfeit goods is now criminal.
The days of free-flowing copies of Windows XP, Justin Timberlake and Doom 3 seem to be approaching their twilight. Does copyright infringement really merit 10 years in PMITA prison?

Gonzales proposes new crime: 'Attempted' copyright infringement [CNET via Consumerist]
Press Release [DoJ]
Intellectual Property Protection Act of 2007 [Politechbot]

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