Bill Analysis
This bill would modify the portion of the code related to the piracy of music. It would update the definition of “recording” to include memory cards, flash drives, hard drives, data storage device. This bill would also clarify some language in relation to the consequences of improper labeling. In addition, this bill would modify post-conviction forfeiture powers, by authorizing the forfeiture of all contraband used in the commission of the offense if the offense is punishable as a felony.
SB 1343 would also authorize the court ordered restitution to an owner or lawful producer of a recording that has suffered financial loss as a result of the offense.
Vote Recommendation Notes
This legislation would protect the property rights of people whose music has been pirated by providing a path for court ordered victim restitution. On the other hand, digital piracy laws are difficult to enforce fairly and often have punishments that outweigh the crimes leading to overcriminalization. Because this presents a conflict between our property rights and limited government principles, we remain neutral.
