Well, crap, guys. How did we let this one slip by?

HR 4137, the College Opportunity and Affordability Act just passed Congress and is expected to be signed into law very soon.

Inside the bill is the Campus-Based Digital Theft Prevention act, a provision which requires colleges to subscribe to RIAA-approved services like the new Napster and to install software on the network which monitors and interrupt transfers which they decide they don’t like. This is a mandate for a non-neutral internet on college campuses. Students are being targeted by a cooperation between the government and the intellectual property industry to spy on us, filter our internet and the resources of our schools by spending our tuition costs on their DRM’d service. And unfortunately, we let this slip under the radar.

For the full story about the passing is available on Ars Technica, who have done a better write up than I could do. I also wrote about this on my personal site just over one year ago. It seems the bill has been watered down slightly from the original amendment, but the effect is the same.

But where was the opposition from Free Culture? I’m not trying to blame anyone but myself, but I think that we must develop a way to constantly monitor and publicly oppose this type of legislation. Otherwise, what is the point of our organization if we continue to allow things like this to happen?! We’re going to be an absolute laughing stock if we have silly events which celebrate the death of DRM when we don’t make a sound about federal legislation which requires all of our schools to purchase products which use it. There was only one blog post about the bill, 8 months ago. Not a peep since then, no page on the front page about pending legislation. So I can’t say that we missed this entirely, but a single blog post doesn’t affect anything outside of our own community, which is where the problem lies. It isn’t working because it isn’t enough.

So what are we supposed to do in the meantime?

First, I think we should develop a page (perhaps on the wiki?) and a squad to monitor the progress of legislation which could be a threat to us.

Second, we should be supporting Lawrence Lessig’s Change-Congress Movement which will stop corporations from having so much influence over Congressmen. Particularly Democratic congressmen from California.

Third, I would personally recommend that any student should be using secure protocols for all of their data transfers to prevent their being snooped on and tampered with. One such upcoming protocol is Anomos, a secure and anonymous multi-peer-to-peer file distribution platform. I’m a lead developer on this project and I will write a post on this blog about it once our alpha release candidate is announced.

Does anybody else have any ideas about steps we can take from things like this going unnoticed again? Let’s gets some discussion going in the comments.

Rich, Boston University Free Culture

Free Culture.org is joining the call for a chain-wide boycott of Regal Cinemas over their draconian punishment of a 19 year-old girl caught taping 20 seconds of the Transformers film. We demand that Regal Cinemas drop all charges against Jhannet Sejas, and that the entertainment group issue a full apology to the teen.

From a recent Washington Post article on Jhannet’s arrest:

“I was terrified,” said Sejas, her voice breaking. “I was crying. I’ve never been in trouble before.” She said the assistant manager of the theater saw her holding up the Canon Power Shot and reported it to the general manager, who called police.

Sejas said she had no intention of selling the 20-second film clip. She just wanted to show it to her 13-year-old brother, who had said he wanted to see the movie. She was shocked when the officers showed up.

Sejas faces up to a year in jail and a fine of up to $2,500 when she goes to trial this month in the July 17 incident. Arlington police spokesman John Lisle said it was the decision of Regal Cinemas Ballston Common 12 to prosecute the case, a first for Arlington police.

While the question of whether or not Jhannet’s Transformers clip counts as fair use (it is our opinion that it does, as it is private, non-commercial use of an unsubstantial portion of the original), there is another question we should be asking, and that is whether or not we should be patronizing a corporation that insists on pressing charges against someone who is clearly not the intended target of anti-piracy laws. Regal Cinemas should be ashamed of itself and its silly zero-tolerance policy.

Click here to Digg the story and help publicize our Boycott!

Click here for a page where you can find Regal Cinemas in your area.

We wish Jhannet the best of luck in defending herself against Regal Cinemas and hope that the chain will soon realize how inappropriate its actions were.