COLO. VETO SEEN GIVING PIRACY BILL FOES NEW WEAPON ELSEWHERE
Colo. gov.’s veto of a communications piracy bill gives opponents new ammunition as they fight similar legislation in other states, D.C. lobbyists monitoring measures said Thurs.
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Veto will make “other legislators and governors think twice about what’s going on,” said one. Other said: “I would use it other states at least as grounds for taking a pause, or taking a look at this a little bit.” Both said they were following issue closely but not actively involved now. AeA Tex. Legislative Dir. Steven Kester said ripples could run all the way to Capitol Hill: “Any issue that creates the potential of a patchwork quilt -- that’s a tremendous challenge for the organization. There will probably be folks looking at this in Washington.”
“Neither proponents or opponents can accurately predict the ramifications of H.B. 03-1303 as law,” Gov. Bill Owens’ (R) veto message said. “Although the drafters intended that the bill would only be used to prosecute the new thieves and pirates of the digital age, H.B.03-1303 could also stifle legal activity by entities all along the high tech spectrum, from manufacturers of communication parts to sellers of communication services. I respectfully urge the legislature to revisit this issue in the next session and to be more careful in drafting a bill that adds protections that are rightfully needed, but does not paint with a broad brush stroke where only a tight line is needed.”
The veto has much more external political value to opponents than slowing a similar bill in Tex. or bottling up counterparts in Ga. or Mass., lobbyists said. In latter cases, “you don’t know if it has to do with process or the substance,” said one, whereas veto “indicates someone very important thinks there’s something very wrong with the bill. It gives credibility to the opponents. It focuses attention on the substance rather than the politics.”
MPAA Senior Vp Vans Stevenson said veto “provides some additional ammunition, but it’s not slowing anything down as far as I'm concerned.” He said work was already under way with sponsor Rep. Bill Crane (R-Arvada) to take up Owens’ invitation to submit a new measure next year, and Stevenson promised it would be enacted.
Opponents were quick to exploit opportunity. “The technology community joins retailers and consumer groups in urging lawmakers in [other] states to follow the lead of Governor Owens and reject this ill-considered legislation,” said CEA Pres. Gary Shapiro. Public Knowledge Pres. Gigi Sohn issued a similar statement.
But Fla. Gov. Jeb Bush (R), awaiting similar HR-79 after unanimous legislative passage, probably won’t be influenced by activity elsewhere, spokeswoman Alia Faraj said. “The governor makes his decisions based on public-policy considerations here in the state of Florida.” Tex. Gov. Rick Perry (R) could take into account activity in other states if SB-1116 reaches his desk, but “in the end the governor is going to do what is best for Texas,” said spokesman Dean Acuna.
Critical editorial in Denver’s Rocky Mountain News “had some impact [but] I'm sure there’s more to it than that,” a bill supporter said. One of the D.C. sources cited hostile lobbying from a range of companies with technology interests. Owens, who has long had a strong interest in technology, followed legislation closely and had concerns even while it made its way through legislature, spokesman said.