"The recording industry really wants this and may be able to persuade legislators to have some sort of inspection scheme," she said. "But the Legislature has to be careful that it puts together one that won't be subject to constitutional challenge."
A key legal element missing in the Padilla legislation is a standard for suspecting that counterfeiting is occurring, said Robert Fellmeth, a former prosecutor who now is executive director of the Center for Public Interest Law at the University of San Diego.
"If I were in the Legislature, I would say I want some kind of reasonable suspicion," Fellmeth said. "I would not want simply to leave an open door for the police."
Some executives at companies that legally replicate CDs and DVDs also don't like the idea of police suddenly swooping into their businesses even though they comply with state law by stamping each disc with a special identification marker that allows the tracking of copyright violations.