Related Resources • KaZaA Loves You • Benjamin worm • Virus Encyclopedia • Glossary of terms

From Other Guides • File Swapping Resources • The Morpheus Saga

Elsewhere on the Web • Berman's Bill • RIAA • WiredNews: RIAA Hack

File-sharing networks such as Gnutella, Morpheus, and KaZaA are considered by many to be a security risk, and for good reason. Unstructured peer-to-peer networks, home to free music downloads, have also been haven to threats such as the Loveletter virus and KaZaA users often find themselves plagued by the specifically targeted Benjamin worm. Now it appears the Recording Industry Association of America (RIAA) may be granted the privilege to legally hack into P2P users' computers to prevent or thwart the distribution of free mp3 files.

On July 25, 2002, California representative Howard Berman proposed a bill in Congress which would allow the recording industry to legally hack into systems suspected of sharing copyrighted material. Berman intoduced the bill along with representatives Howard Coble of North Carolina, Lamar Smith of Texas, and Robert Wexler of Florida. While Berman is quick to defend the proposed bill by saying, "It does not allow copyright owners to send viruses through P2P networks, destroy files, hack into the personal files of P2P users, or indiscriminately block lawful file-trading,” the bill does allow "disabling, interfering with, blocking, diverting, or otherwise impairing the unauthorized distribution, display, performance, or reproduction of his or her copyrighted work on a publicly accessible peer-to-peer file trading network." The bill includes a number of provisions, including a requirement to notify the Department of Justice seven days prior to engaging in the attack.

Berman crafted the bill to level the playing field between copyright holders and so-called 'file traders'. “In other words,” said Berman, “while P2P technology is free to innovate new and more efficient methods of distribution that further exacerbate the piracy problem, copyright owners are not equally free to craft technological responses. This is not fair." Berman also points out that, "“Songwriters, photographers, film producers, karaoke tape makers and other copyright owners are experiencing massive piracy of their works through P2P networks. Billions of P2P downloads every month constitute copyright infringements for which these creators and owners receive no compensation. There is no excuse or justification for this piracy. Theft is theft, whether it is shoplifting a CD in a record store, or illegally downloading a song from Morpheus.”

Hilary Rosen, Chairman and CEO of the RIAA, applauded Berman's efforts, stating, “The current landscape for online music is dangerously one-sided, with the peer-to-peer pirates enjoying an unfair advantage. It makes sense to clarify existing laws to ensure that copyright owners -- those who actually take the time and effort to create an artistic work -- are at least able to defend their works from mass piracy. We look forward to working with Congressman Berman, Chairman Coble and other members of Congress on this important initiative.”

It seems only natural that the RIAA would strongly support the bill, considering they tried to tack an anti-piracy amendment to an anti-terrorism bill in October 2001. When one compares current legistative initiatives to comments made by lobbyist Mitch Glazier after the failed October attempt, it seems the newly proposed bill itself could have been drafted directly by the RIAA. (See: RIAA Wants to Hack Your PC by Declan McCullagh, WiredNews)

Perhaps in response, unknown hackers launched a Denial of Service (DoS) attack against the RIAA over the weekend following the announcement of the proposed bill. The attacks began on Friday night and continued until early Monday morning, making the site virtually inaccessible to legitimate traffic.