Known only as SB 1506, the measure is an amendment to the
state's penal code and is intended to help consumers and law
enforcement officials distinguish between legitimate and pirated
works on-line, according to the bill's sponsor, Senator Kevin
Murray.
The amendment makes it a crime for anyone to knowingly
disseminate a "commercial recording or audiovisual work to more
than 10 other people without disclosing his or her e-mail address,
and the title of the recording or audiovisual work".
Violation is punishable by a fine of up to $2500 and/or up to
one-year imprisonment. A minor who violates the statute would have
to pay a fine of $250 for a first or second offence, but for a
third or subsequent violation a minor would face a fine of up to
$1,000, imprisonment in a county jail, or both.
The penalties do not apply to those distributing files to their
immediate family or within their home networks, or with the
authorisation of the copyright owner.
Governor Schwarzenegger last week also issued an Executive Order
requiring that a policy be drawn up to govern the use of
"peer-to-peer file-sharing programs on state computers, including a
prohibition of such programs that pose risks to the security and
integrity of state computer systems." The policy will not prevent
legitimate file-sharing for official business purposes.
"Today California is taking a stand against use of state
resources for illegal downloading of this material and standing in
support of the work of these talented Californians," said
Schwarzenegger, announcing the Order.
