http://www.eff.org/IP/induce_letter.php

July 6, 2004

The Honorable Orrin G. Hatch
Chairman
United States Senate Committee on the Judiciary
224 Dirksen Senate Office Building
Washington, DC 20510

RE: S. 2560, the "Inducing Infringement of Copyrights Act of 2004"

Dear Chairman Hatch:

The undersigned organizations and companies respectfully request that you hold hearings on S. 2560, the "Inducing Infringement of Copyrights Act of 2004" before your Committee takes any action, in order to fully explore the critical issues raised by this legislation.

We understand your concerns for protecting children and addressing activity that infringes copyright. We share these concerns. As currently conceived, however, S. 2560 would undermine the 20-year old Supreme Court decision in Sony v. Universal City Studios, 464 U.S. 417 (1984) ("Betamax"). InBetamax, the Supreme Court held that the manufacturer of a product could not be held secondarily liable for infringing uses of the product by others so long as the product was capable of substantial noninfringing uses. In other words, technology, in and of itself, could rarely be considered unlawful in the copyright context.

This clear standard has given venture capitalists, engineers, and manufacturers the confidence and certainty that they could invest their resources in developing a wide range of consumer products without facing copyright liability. These products include personal computers, scanners, CD burners, modems, instant messaging products, and the software that enables them to operate.

S. 2560 would eliminate this confidence and certainty. It would provide plaintiffs with a new cause of action to sue a manufacturer based on the technology if the product is merely capable of being used to engage in copyright infringement. The legislation would provide copyright owners with a new legal avenue to attack every new technology about which a copyright owner is concerned. Even a product review that discusses how a product works could be implicated by the bill.

This new threat would chill innovation and drive investment in technology (and accompanying jobs) overseas. By combining (1) a new and separate cause of action for "intentional inducement," (2) a lower civil, rather than higher criminal, standard of liability, and (3) a circumstantially "reasonable" test, S. 2650 would seem to ensure that massive and intrusive discovery proceedings, and a jury trial, would await any innovator or investor who introduces to the market a product that some copyright owner, someplace, believes will "induce" infringement. (There are many, many more copyright owners than there are patent owners, and the burden of proof to establish at least a prima facie case of copyright infringement is minimal rather than significant and specific as in patent cases.)

While we agree with the need to penalize those who intentionally cause copyright infringement, we are concerned that S. 2560 would have the unintended consequence of punishing individuals and companies that create and distribute consumer, business, and professional products that might be used by others for unlawful purposes. For these reasons, we hope you will hold hearings to assure that any unintended consequence can be fully explored and avoided. Congress should not rush to revise fundamentally a well-established Supreme Court doctrine without a process in which the implications for the individuals and the industries that have relied on it for the last two decades are fully and publicly aired and discussed.

Sincerely,

AeA (American Electronics Association)
Alpine Electronics of America, Inc.
American Association of Law Libraries
American Library Association
Association of Research Libraries
California ISP Association
CNET Networks, Inc.
Computer & Communications Industry Association
Consumer Electronics Association
Consumer Electronics Retailers Coalition
DigitalConsumer.org
Digital Future Coalition
eBay, Inc.
Electronic Frontier Foundation
Electronic Industries Alliance
FatCow Hosting, L.L.C.
Google
Home Recording Rights Coalition
Intel Corporation
Matsushita Electric Corporation of America
MCI
Monster Cable Products, Inc.
NetCoalition
NetStrategies, Inc.
North American Retail Dealers Association
Novell
Open Source and Industry Alliance
Public Knowledge
Sharp Electronics Corporation
SilverLynx, Inc.
Sun Microsystems, Inc.
Telecommunications Industry Association
The River
The Technology Network (TechNet)
TiVo Inc.
Uniden America Corporation
Verizon
Virginia ISP Association
Washington ISP Association
WJR Consulting, Inc.
Wyoming ISP Association
Yahoo! Inc.

Quite a list there

ebay, google, yahoo, verizon sun microsystems, intel, eff, mci.... I would say there's a problem with your law, Senator.

my message to senator hatch:
I hope your life comes to a sudden end in the next few days, and once it is over you will spent ther rest of eturnity in the firey pits of hell.

yeah he is over the edge in stupidity. Uuuuuh uuuuh uuuuuh i want to sign it.

they were sure a lot nicer in that letter than any of us would've been

ofcourse, we'd through a few f bombs in there with some 'ignorant ass hole' s and on and on. we'd give the asshole hell

I want to know why there was not a single alternative offered as of yet in these letters.

"CNET Networks, Inc."

Those guys kick ass.

Alternative to what?

like he will listen to them
they are gonna have to oust him like sadaam hussein in order for him to listedn
ive said it once ill say it again
these greedy bastards wont listen to even them
but hopefully those greedy senators will listen
after they realzed theyve felonized 2/3rds of the population

Honorable ......... phhhttff

ok...why does peer guardian do this
Checking: 66.45.25.164
Checking: 216.113.188.65
Checking: 66.45.25.165
Checking: 12.130.12.31
Checking: 64.200.214.171
Connection Rejected: 64.200.214.171 - ads.peel.comATBP ATBP (07-07-2004 @ 17:06:57)
Checking: 64.200.214.172
Connection Rejected: 64.200.214.172 - ads.peel.comATBP ATBP (07-07-2004 @ 17:06:57)
Checking: 64.200.214.173
Connection Rejected: 64.200.214.173 - ads.peel.comATBP ATBP (07-07-2004 @ 17:06:57)
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Connection Rejected: 64.200.214.174 - ads.peel.comATBP ATBP (07-07-2004 @ 17:06:57)
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Connection Rejected: 64.200.214.176 - ads.peel.comATBP ATBP (07-07-2004 @ 17:06:57)
Checking: 64.200.214.177
Connection Rejected: 64.200.214.177 - atbp (07-07-2004 @ 17:06:57)
Checking: 64.200.214.171
Connection Rejected: 64.200.214.171 - ads.peel.comATBP ATBP (07-07-2004 @ 17:06:57)
Checking: 64.200.214.172
Connection Rejected: 64.200.214.172 - ads.peel.comATBP ATBP (07-07-2004 @ 17:06:57)
Checking: 64.200.214.173
Connection Rejected: 64.200.214.173 - ads.peel.comATBP ATBP (07-07-2004 @ 17:06:57)
Checking: 64.200.214.174
Connection Rejected: 64.200.214.174 - ads.peel.comATBP ATBP (07-07-2004 @ 17:06:57)
when i open the web page for Boycott-RIAA.com ?

Accipter - It's because of the ad they have on the front page now. You won't see the ad, though, if you have PG open.

smoreop - No kidding. I always thought the proper way to address your senator was "Hey idiot.." It's quite fitting when you consider the fact that almost all Congressmen are, in fact, idiots.

"Hey, idiot:

The undersigned organizations..."

Hatch is for Hatch. I learned that almost 20 yrs. ago when I dealt with him and his office on a bill I was opposing (btw, we defeated both the House and Senate bill these ne'er do wells were pushing...I founded the organization that really, singlehandedly, kicked the butt of the old timer House and Senate guys like Ted Kennedy and Hatch that were supporting it).

Hatch, like many people, is just a "tool", meaning, he is USED by other people to accomplish a task or to facilitate getting something done.

Why should a Mormon who sees himself as a music person on an amateur basis...push SOOOOO hard for the RIAA? Because, there is something in it for him...

And, something that I don't know was brought out on a story a while back...

Remember the deal about sci fi writer, Harlan Ellison suing AOL/Time Warner?
Did you know Ellison got financial support from the RIAA? In an interview in the latest WIRED magazine, he talks about getting support from the RIAA in his lawsuit...he alleges they were the only group that would help him.

Makes you wonder how LOW a person feels when only the RIAA wants to support what they are doing. It oughta tell you , you're doing the wrong thing if the REAL IGNORANT ARSEHOLES of AMERIKA wanna give ya money to go forward.

I feel like that kid in SHANE who runs after Shane hollering COME BACK SHANE, COME BACK...except, I am chasing the America I thought I used to know lamenting...
COME BACK AMERICA, COME BACK

"so it goes" Vonnegut

It's worth a try.
From the Kucinich campaign:

Act now to help influence the direction of the Democratic Party. We already have hundreds of supporters drafting letters urging the inclusion of the values that we are passionate about in the Democratic platform. In the next 24 hours, we'd like to double those numbers. Please direct
your letters by email or fax to Congresswoman Stephanie Tubbs Jones. She is co-chair of the Platform Committee and represents the district in
Cleveland next to Dennis. Her contact information is as follows:

Congresswoman Stephanie Tubbs Jones
Fax: 216-751-8241
Email: stjcampaign@aol.com

As you know from our petition drive, the issues we want the Democratic
Party to take a stand on are: setting an end date for the occupation of Iraq, creating a Department of Peace, switching to a universal single-payer
health care system, canceling NAFTA and withdrawing from the WTO, recognizing
LGBT equal marriage rights, and protecting civil liberties (repeal of PATRIOT Act). Please include any issues that you feel passionately about in your
letters, but we ask you to specifically mention 'U.N. in, U.S. out' because
we believe that a concerted lobbying effort on this issue could be of great
consequence.

If you live in the state of Utah make sure you take a close look at Hatch's positions on the various issues as well as his actual voting record and really think about whether you want this person representing your state again when his term expires in 2006.

UPDATE: Senator Hatch and his compatriot Senator Leahy must have been inundated with criticism about trying to link their RIAA fight to child pornography. They dropped the acronym for INDUCE (Inducement Devolves into Unlawful Child Exploitation Act) and changed the name of the bill to simply IICA (Inducing Infringement of Copyrights Act). Regardless of the bill's name the wording is still too broad and overreaching even if you agree with the intended goal of holding P2P networks liable for the illegal actions of their users.

Another side note is that this seems to be yet another area where there is already legislation on the books that makes the action of inducing copyright infringement illegal (Patent Law Statute 35 U.S.C. s. 271(b)), but whether to provide a more targeted tool for the RIAA and MPAA to use against P2P networks or simply to get their names on the front page and appear productive these distinguished gentleman have chosen to create a separate bill proposing a new law stating essentially the same thing.

Full 4-page story here ...

http://netsecurity.about.com/od/securitylegislation/a/aa062904.htm

So Senator Hatch was going to try to pass a bill to protect the children from exploitation and then decided against it? What a sick bitch.

Code,

Hatch, like many people, is just a "tool", meaning, he is USED by other people to accomplish a task or to facilitate getting something done.

Why should a Mormon who sees himself as a music person on an amateur basis...push SOOOOO hard for the RIAA? Because, there is something in it for him...

I agree Code. And I add that Mormons typically believe that you should always be honest in your dealings. Hatch being Mormon, is obviously not following the Mormon teachings because if he were, he wouldn't be passing legislation "on the sly" as he did with the PIRATE act. Nor would he be trying to "hide" the real intentions of his legislation. Therefore....this guy is very DISHONEST and cannot be trusted. This guy is NOT honest in his dealings, and that is obvious.

the only thing i can say that hasent been said flat out here is, I HATE HATCH!!! hes a fucking asshole. thats all there is to it. HES A DICK HEAD!!! but all that aside i do have to say that 2006 can not come soon enough.

"ebay, google, yahoo, verizon sun microsystems, intel, eff, mci.... I would say there's a problem with your law, Senator." wow if thats not true i dont know what is. they have all the LEADERS in the internet and tech fields (most anyhow) fighting him. i dont know but i have to say that he has no chance of beating them. google by its self makes the almost same amount of revinue as the the music industry. i mean. these are just a FEW companys and they kick the living crap outta the riaa. all i can say is i outta start a company and join the group. that way i can be like cheney, and say "FUCK OFF!!!" to the riaa.

lol @ limefan913 hell yeah go get'em....

Read through the list of rebellious pirate companies again, Senator. You're an idiot.

Just be glad you don't live here and have to put up with him every day. Sadly NO ONE in Utah will vote him out the REpublicans in theis state are loyal to thier guy if nothing else.

TOTAL republican state run controled and ruined. They are ALL (or most there are some smart ones left like me) SHEEP!!!

I agree boggieman. I've had several friends in the LDS (Latter Day Saints) Church and all were very friendly, kind, honest, and helpful.

Orrin must be like an anti-Mormon.

If Superman was freedom, Hatch would be kryptonite.

If Code's last post were music, Hatch would put me in jail for reading it.

CARLA: an alternative to waging war on technology and its users.

perhapse.. anything that would accomodate both sides properly?

Let's Bury the Hatchet in Orrin's skull.

Now THAT would most definitely, unequivocally be illegal. We can't condone that kind of behavior here.

Outrageous!!

Why did people bother wasting their vote on him if he is such a crook?

That's the problem with America today... nobody cares about anything... They just let it slide on by acting like nobody noticed it.

If this law would pass, would that not give the rest of the world a headstart in new technologie.?

If those people in the US Senate are so stupid,i dont blame the riaa for trying is

Something to remember about Hatch:

1999-2004 Total Receipts: $5,616,419
1999-2004 Total Spent: $5,757,571
Cash on Hand: $584,532
Debts: $261,428
Date of last report: March 31, 2004
First elected 1976
Next election 2006

He's easily bought and paid for by the RIAA until 2006. All that money and yet he really wants to go after $10 dollar songs... tsk tsk tsk

I liken what's happening with the INDUCE act to owning a car, parking it in a bad neighborhood, and having someone steal it, destroy property, and kill someone while escaping the police, and YOU as the owner of the car get punished for MURDER. Hatch is an idiot.

Hatch also thought that anyone that downloads music illegally ought to have their computer's destroyed. I liken that to speeding, and the cop takes a baseball bat to your car instead of just giving you a ticket. Our society wouldn't put up with bull like that, so why should our society put up with it electronically?

This is getting to look similar to the movie I watched the other night, Elliot Ness against Prohibition.

Government corruption, such as the payoffs to Hatch.

Guess you can consider the RIAA as the mob. But of course, now they call it lobbying.

Senator Orrin Hatch (R-UT)

Political Action Committee Contributions: 2003-2004 Campaign Cycle

Total 2003-2004 campaign contributions: $231,202

Sort by: Total Amount | Contributor

Contributor Total
Brotherhood Of Locomotive Engineers Pac Fund $-500
Political Action Committee Of Employees Of The Dow Chemical Company (Pace) $0
Austin Industries Companies Political Action Committee $500
Kirkland & Ellis Pac (Fka Wss Pac) $667
Energen Corporation Political Action Committee F/K/A Alagasco Inc Pac $1000
Competitive Telecommunications Association Pac (Comptel Pac) $1000
National Multi Housing Council Political Action Committee $1000
Biotechnology Industry Organization Political Action Committee (Bio Pac) $1000
Title Industry Political Action Committee $1000
International Franchise Association Franchising Political Action Committee Inc $1000
Hexcel Corporation Political Action Committee $1000
Re-Elect Packwood Committee (1992) $1000
Zurich Holding Co Of America Inc Committee For Good Government ("Zurich-Kemper Pac") $1000
American Speech-Language-Hearing Association Political Action Committee $1000
Drummond Company Inc Political Action Committee (Dpac) (Fka Alabama By-Products Pac) $1000
Intel Corporation Political Action Committee $1000
National Association Of Mutual Insurance Companies Congressional Action Program Namic Cap $1000
At&T Corp Political Action Committee (At&T Pac) $1000
Owens Corning Better Government Fund $1000
American Chemistry Council Political Action Committee-Also Dba As Chemical Manu Asso Pac $1000
Lehi Committee $1000
Nra Political Victory Fund $1000
American Hospital Association Political Action Committee (Ahapac) $1000
Medcath Incorporated Committee For The Improvement Of Cardiac Care $1000
Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P A Political Action Committee $1000
Independent Insurance Agents Of America Inc Political Action Committee (Insurpac) $1000
Bond Market Association Political Action Committee, The (Bondpac) $1000
Arnold & Porter Partners Political Action Committee $1000
General Agents And Managers Association Of The Mutual Of Omaha Companies Pac (Compac) $1000
Independent Community Bankers Of America Political Action Committee $1000
Metro-Goldwyn-Mayer Political Action Committee $1000
Southern Company - Southern Nuclear Operating Company Inc Pac $1000
Cbc/Pac Of Clark/Bardes Consulting $1000
Committee For Responsible Government-Dominion; The (Crg) $1000
Northwestern Mutual Life Insurance Company Federal Political Action Committee (Nml Fedpac) $1000
Regions Financial Corporation Political Action Committee $1000
Maynard, Cooper, & Gale, P.C. Federal Pac $1000
National Community Pharmacists Association Political Action Committee Aka Ncpapac $1000
Alliance Of American Insurers Political Action Committee $1000
Wellpoint Health Networks "Wellpac" $1000
Allergan Inc Political Action Comm For Employees (Apace) $1000
Consumer Healthcare Products Assoc Pac (Chpa/Pac) Fka Non-Prescription Drug Manuf Asso Pac $1000
Aegon Usa Inc Political Action Committee $1000
Citigroup Inc Political Action Committee-Federal (Citigroup Pac-Federal) $1000
American International Group Inc Employee Political Action Committee $1000
Level 3 Communications Inc Political Action Committee $1000
National Association Of Independent Insurers Political Action Committee $1000
Brooke Holdings Inc And Jackson National Life Insurance Company Separate Segregated Fund $1000
Esop Association Pac $1000
Dyncorp Federal Political Action Committee (Fka Dynalectron Corporation Fed Pac) $1000
Minnesota Mining & Manufacturing Company Political Action Committee (3m Pac) $1000
Fireman'S Fund Insurance Company Employees Committee For Responsible Government (Fundpac) $1000
United Services Automobile Association Group Political Action Committee (Usaa Group Pac) $1000
Association Of American Railroads Political Action Committee (Rail Pac) $1000
Recording Industry Assoc/America Inc Political Action Committee (Fka Recording Arts Pac) $1000
Equipment Leasing Association Leasepac Committee $1000
National Lumber And Building Material Dealers Assn Political Action Committee (Ludpac) $1000
O'Melveny & Myers Political Action Committee $1000
Genesis Health Ventures Inc Political Action Committee $1000
Federation Of American Hospitals Pac (Fedpac); (Fka American Health Systems Pac) $1885
Massachusetts Mutual Life Insurance Company Political Action Committee $2000
New York Life Insurance Company Political Action Committee $2000
Skadden Arps Pac $2000
Union Pacific Corp Fund For Effective Government $2000
Johnson & Johnson Employees' Good Government Fund $2000
Viacom International Inc Political Action Committee $2000
Pfizer Inc. Pac $2000
Civic Involvement Program/General Motors Corporation $2000
Sony Pictures Entertainment Inc Political Action Committee $2000
Boyd Political Action Committee Fka Boyd Gaming Pac $2000
Genentech Inc Political Action Committee (Genenpac) $2000
American Council Of Life Insurers $2000
Allstate Insurance Company Political Action Committee $2000
Bayer Corporation Political Action Committee $2000
Universal Studios Political Action Committee $2000
Province Healthcare Company Government Affairs Committee $2000
Principal Life Insurance Company Political Action Committee $2000
Ford Motor Company Civic Action Fund $2000
Cephalon Inc Employees' Political Action Committee Ceph-Pac $2000
Motion Picture Association Of America Inc Political Action Committee $2000
News America Holdings Inc-Fox Pol Action Committee (Aka News America-Fox Pol Action Cmte $2000
Mcdermott, Will & Emery Pac (Mw&E Pac) $2000
Mgm Mirage Pac $2150
Station Casinos Inc Political Action Committee $2500
Lifepoint Hospitals Inc Good Government Fund $2500
America Online Inc Political Action Committee ("Aol.Pac") $2500
Corning Incorporated Employees Political Action Committee $2500
Torchmark Corporation Political Action Committe (Torch-Pac) $2500
Occidental Petroleum Corporation Political Action Committee $2500
Bank One Corporation Pac $2500
Akin, Gump, Strauss, Hauer & Feld Llp Civic Action Committee $2500
Ashland Inc Political Action Committee For Employees (Pace) $2500
Aai Corporation Political Action Committee $2500
Vencor Inc Political Action Committee F/K/A Hillhaven-Pac $2500
Hca-The Healthcare Company. Good Government Fund $2500
Asea Brown Boveri (Abb) Employees' Fund For Effective Government $3000
Crown Cork & Seal Company Inc Political Action Committee $3000
Nationwide Political Participation Committee $3000
Halliburton Energy Services Inc Political Action Committee $4000
Us Chamber Of Commerce Pac (Ncap) $5000
Usinpac $5000
Ace Ina Holdings Inc Political Action Committee (Ace Ina Political Action Committee) $5000
Honeywell International Inc Fka Allied-Signal Political Action Committee $5000
Chubb Corporation Political Action Committee "Chubbpac" $5000
Liberty Mutual Insurance Company Political Action Committee $5000
Swidler Berlin Shereff Friedman Llp Pac $5000
General Electric Company Political Action Committee $6000
National Nutritional Foods Association Political Action Committee $6000
Travelers Property Casualty Corp. Political Action Committee (Tap Pac) $8000
Metropolitan Life Insurance Company (Metlife) Employees' Political Participation Fund A $9500
G-P Employees Fund Of Georgia-Pacific Corporation $10000
Hartford Financial Services Group Inc Advocates Fund Fka (Hartford Advocates Fund) $10000

NUFF Said.

At this rate, do you really think he cares about the "little people" ?

Geez, Boggieman. That's quite a variety of contributors, but heavy (about $ 50k) on the insurance industry. On what committees does the "Hatchman" lurk?

According to opensecrets, Hatch is on the following committees:
Finance
Indian Affairs
Joint Taxation
Judiciary
Select Intelligence
Special Aging
Funny, I don't see RIAA Lapdogs on there anywhere.

Yep, I was floored when I first looked at his list of contributors. Like Code said....this guy is all for himself. What ShadowMom says above are the committees. Hatch complete bio/infi is at http://www.congress.org/congressorg/bio/?id=586

Thanks to both of you.
I checked the link, boggieman. That man was born in Pittsburgh, PA.! And he got a degree from Pitt! Ugh.
Did you read the leader by Sandy from Utah (on that page)? Carla would enjoy it.
http://www.congress.org/congressorg/bio/userletter/?id=586&letter_id=99820611

Lachatte
That should bite Hatch in the ass real good.

Oh yeah....and did I mention that in his bio his previous experience was an attorney....Well, for someone that was practicing law, he sure comes up with some really stupid laws. You would think he would have a clue and know better.

Carla's not the only one who would like it. I like the letter myself. I support anyone who talks down to their elected officials. None of this "Honorable" bullshit. "Honorable" is a matter of opinion, and I'm not talking to Christ himself. My intention here isn't an immature rant. It's the way things should be. There's 300,000 million of us, and only one Orrin Hatch. Who made him think he can do whatever he wants? Probably being addressed too much as "Honorable Orrin Hatch." If there is any group of people in this country that shouldn't be put on a pedestal by anyone else, it's Congressmen.

I just read the letter - it's a great country that allows such letters to be published. God bless America. And 'f' you Orrin Hatch.

At Christmas dinner last year I casually said (I forget the context) "...if only someone would shoot Orrin Hatch." Really pissed off my father.

Hrm. Can't my computer be used for illegal means? Come to think of it, if I let my friends watch my TV, isn't that illegal since they didn't pay for my cable? Oh yeah, they didn't pay for my lights either. Seems my electricity is being illegally used. Guess that has to go as well. Hrm, and I keep buying pencils to do my homework with. Those can, of course, be used to write terrorist threats or to stab people with. Those better go too.

Well, back to the medieval ages for us all. Really, if you look hard enough, ANYTHING can be used for illegal purposes.

I just read thumbtack's angry comments on the "Kerry/Edwards spying" article.
Bill is upset about the political discussions that take place here. He believes that individuals have to contact their representatives and meet with them individually about these ill-conceived bills that are blatantly anti-consumer. Not really practical or possible for most people. And with laws and "Bush policies" that keep unwanted, unfavorable protestors from being seen or heard (because of security issues, of course), it's very difficult to get media attention in order to educate the consumer/voter/taxpayer. Until I found this site last September, I was totally unaware of the political influence that the RIAA and MPAA have in this country.

Bill (thumbtack) said "Sen. Hatch who last year earned $33,000 in songwriting royalties, ... is writing legislation like the INDUCE ACT." Where did you find that information, Bill?
Bills like the Pirate Act and the Induce Act would give more federal taxpayer money to help the poor, corrupt foreign music industry in its struggle against the American consumer.
It's very political. We need to discuss politicians and this upcoming election.

Did anyone watch Tommy Chong on Jay Leno last night? He's just out of jail for selling a bong across state lines (on the internet). Some law enforcement agency in PA, where they have some such law, ordered it. He cut a deal to go to jail so they wouldn't prosecute his wife and son. He said he was sentenced on 9/11.
*shaking head*