Although, it’s not that novel (see What Federal Gun Control Can Teach Us About the DMCA’s Anti-trafficking Provisions and this Furdlog post — here’s an earlier one that also makes the point: 8 November 2002). On the other hand, it’s still a great argument to put up against those who want to make the Grokster decision out to be some kind of anomalous legal position: Bytes and Bullets [pdf]
I’m a strong opponent of this legislation, but not because I support copyright infringement. The technologies being attacked by this bill have plenty of important uses that have nothing to do with copyright infringement. This legislation would effectively eliminate them.
But there is a silver lining here, and it has to do with, of all things, a very old technology: guns. For if Congress passes this bill, on what principled basis can it then refuse to hold gun manufacturers responsible for the crimes committed with their technologies?
(Thanks to the EPA’s Bill Nickerson, TPP alum, who pointed it out to me — since I spent yesterday on an airplane, I would have otherwise missed it!)