SACRAMENTO — The music and movie industries are lobbying state legislators for permission to deceive when pursuing suspected pirates.
The California Senate is considering a bill that would strengthen state privacy laws by banning the use of false statements and other misleading practices to get personal information. The tactic, known as pretexting, created a firestorm of criticism when detectives hired by Hewlett-Packard Co. used it last year to obtain phone records of board members, journalists and critics.
But the Recording Industry Assn. of America and the Motion Picture Assn. of America say they sometimes need to use subterfuge as they pursue bootleggers in flea markets and on the Internet.
In recent letters to state Sen. Ellen Corbett (D-San Leandro), the trade groups said the proposed legislation was written too broadly and could undermine anti-piracy efforts. They said investigators sometimes pose as someone else to obtain bootlegged CDs or movies and to break into online piracy rings.
"Basically, we want criminals to feel comfortable that who they're dealing with is probably some other criminal and let us in on what's going on," said Brad Buckles, the RIAA's executive vice president for anti-piracy. "We're not talking about trying to go in and get customer information. In no case have we ever tried to do that."
The RIAA proposed changes to the piracy bill that raised alarms among consumer advocates. The trade group asked that any owner of a copyright, patent, trademark or trade secret be able to use "pretexting or other investigative techniques to obtain personal information about a customer or employee" when seeking to enforce intellectual property rights.
"I don't see why the recording industry shouldn't have to follow the same laws that everyone else follows," said Fred von Lohmann, senior staff attorney for the Electronic Frontier Foundation, a digital rights group in San Francisco. "It appears they want to make the loophole so big that nobody else has to follow the law, either."
Hollywood succeeded in killing a similar bill last year. Other opponents of the bill included the California Chamber of Commerce and the Direct Marketing Assn.
While applauding the bill's intentions, the movie and music industries said the measure would limit their methods for gathering evidence to share with law enforcement.
