Take Action: Defend Your Right to Record Off the Radio!

[Meehowski]

EFF

[Meehowski]

Jan 13, 2007

Senator Hillary Clinton

United States Senate

476 Russell Senate Office Building

Washington, DC 20510-0001

Dear Senator Clinton,

As a constituent with an interest in technological innovation and the

future of the Internet, I am writing to ask you to oppose S.256, the

PERFORM Act, introduced in the Senate by Senator Feinstein.

This bill is an attempt by the recording industry to cure short term

contractual issues by placing blanket restrictions on technology,

curtailing the right of consumers to noncommercial recording in their

own homes, and mandating their own restricted radio streaming

standards.

The bill would forbid future digital radio receivers that allowed

"automated recording, or playback based on specific programs,

time periods, or channels as selected by the user" in digital

radio -- even though such abilities are unrelated to online piracy and

have been a source of innovation in other media, such as TiVo and

other digital video recorders. The bill would also for the first time

compel Internet radio stations -- individuals and companies

broadcasting streaming music online -- to abandon the established MP3

standard in preference for a narrow selection of government-permitted,

incompatible, proprietary formats. Our modern copyright law has always

avoided playing kingmaker with technology. The PERFORM Act would break

this important principle and create a very dangerous precedent.

Last year, the Consumer Electronics Retailers Coalition called PERFORM

"strictly a bill to limit the options of honest people."

Musician Todd Rungren told the Senate Judiciary committee that it was

"yet another futile attempt to turn back the clock" by the

music industry.

I urge you to defend my right to home recording, and the freedom of

technologists and musicians to innovate new, profitable technological

tools. Please oppose the PERFORM Act.

Sincerely,

Mike Dallos

PO Box 66

New York Mills, NY 13417-0066