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Internet Radio Privacy & Competition
Posted by Raul Ruiz on Tuesday, April 09 @ 18:57:10 EDT
Contributed by kevvyc
Privacy
kevvyc writes "Via the null device: EFF, EPIC, KPFA & KFCF Joint Comments to US Copyright Office on Internet Radio Privacy & Competition (Apr. 5, 2002) In an unprecedented change to this status quo, the Copyright Office has proposed regulations that would require Services (other than pre-existing subscription services) to gather and report "listener-side" information to copyright owners, including the listener's country, local time zone, local log-in time, local log-out time, channel, and a "unique user identifier." 37 CFR 201.36(e)(3). This important change in the privacy landscape is all the more remarkable in light of the absence of any indication in the legislative history accompanying 17 U.S.C. 114(d)(2) that Congress meant to diminish listener privacy in any manner as part of its creation of a statutory license.

In light of the privacy that the public has come to expect when listening to music broadcasts[2], and the absolute absence of any indication that Congress intended to diminish these public expectations in creating the section 114(d)(2) statutory license, we submit the following governing principle in evaluating the "Listener's Log" reporting requirements: listener privacy should be compromised only where and to the extent absolutely necessary to meet the requirements of section 114(d)(2).
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