How timely! In the Betamax case (Sony Corp v. Universal Studios, et al.), the Supreme Court said that Congress would have to use its judgment to create new laws that regulate copyright and new technology. Well, here it is, and it's a doozy. The author of the above article reminds us that this new law could override the Betamax decision and create that new legislative oversight for videotape recording that the dissenting justices in Sony v. Universal wanted.

This isn't the first time that the threat of child pornography has been used to squelch seemingly illegal activity. In 2002, the Supreme Court found parts of the Child Pornography Prevention Act unconstitutional. The Court said that virtual child pornography is not the same as actual child pornography: the child in question must actually be under age for the content to be illegal; it's not enough that he or she "appears" or is made to appear that way. The above article, from CNET News.com, offers the same concern:

At a minimum (the Induce Act) invites a re-examination of Betamax," said Jeff Joseph, vice president for communications at the Consumer Electronics Association. "It's designed to have this fuzzy feel around protecting children from pornography, but it's pretty clearly a backdoor way to eliminate and make illegal peer-to-peer services. Our concern is that you're attacking the technology."