California's state-level INDUCE act unveiled

Snipped from Red Herring's coverage today:

A bill introduced in the California Legislature last Friday seeks to do what U.S. federal courts have so far refused to do: criminalize selling, advertising, and distributing peer-to-peer (P2P) file-sharing software. Written by state Senator Kevin Murray (D), a longtime lawmaker from Los Angeles with close ties to the entertainment industry, the legislation is aimed straight at the business plans of file-sharing companies such as Grokster, Morpheus, and Kazaa. The bill would make it a crime to sell file-sharing software without taking "reasonable care" to prevent copyright infringement and pornography swapping.

Link to story, and link to PDF of bill text. (Thanks, Jason!)

Update: The EFF's Jason Schultz weighs in:

Goodbye innovation; hello regulation. "Reasonable care" could mean anything from the forced design and/or redesign of software to mandated filtering and digital rights management (DRM) — even the forced installation of spyware to monitor user behavior. Moreover, SB 96 would effectively overrule the Betamax protections that the Supreme Court has provided technology companies for more than 20 years. That kind of seismic shift would destabilize some of California's most successful companies.

From the birth of the Xerox machine to the modern web server, every technology that enables people to copy or disseminate content has had the capacity to be used for some illegal activity. Under Murray's logic, we should have stopped the manufacture and sale of VCRs, dual tape decks, postal services, carbon paper, and any other service or device that could potentially be used in a crime.

Link.

Also, Cal-INDUCE could put Ed Felten in Jail for writing 15 lines of code as an academic experiment: Link.