FC: The "hidden" privacy issue in Internet radio fees

[Declan McCullagh <declan@well.com>]

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Date: Sun, 31 Mar 2002 14:00:21 -0500
To: declan@well.com
From: Stephen Cobb <scobb@cobb.com>
Subject: The "hidden" issue in Internet radio fees
In-Reply-To: <5.1.0.14.0.20020322012539.00aa46f0@mail.well.com>

Declan

There is a very interesting privacy issue hidden in the Copyright 
Arbitration Royalty Panel ("CARP") decision that Internet radio Webcasters 
should pay "performance rights."

The Copyright Office, Library of Congress, has an NPRM "Notice and 
Recordkeeping for Use of Sound Recordings Under Statutory License" which 
seems to be directly aligned with the request of the Recording Industry 
Association of America (RIAA) 
(http://www.loc.gov/copyright/fedreg/2002/67fr5761.html)

The NPRM proposes that Internet radio stations (and possibly fledgling 
satellite radio stations) be required to keep and submit for inspection a 
"Listener's Log" (their term) which will:

"identify the name of the Service, the channel or program accessed, 
information on the user, such as date and time the user logged in and out, 
the time zone of the place at which the user received the transmission 
(latitude and longitude via IP address), the user identifier (MAC 
address?), and the country in which the user received the transmission."

Here is what our Copyright Office thinks about this detailed tracking of 
listeners:

"On its face, the request for the Intended Playlists, Listener's Log, and 
Ephemeral Phonorecord Log seems reasonably based on the premise that the 
copyright owners need certain specific information to monitor compliance 
and use by the Services. In support of its request for the detailed 
information, RIAA argues that the information it seeks from the Services is 
"easily provided, not burdensome, and in fact, is currently provided by a 
number of licensees who have obtained licenses through negotiations with 
the RIAA and/or Sound Exchange."

I am sure some people will find this rather breathtaking. It certianly 
suggests that bigger Internet radio stations are already supplying the 
industry with records of what people listen to, along with when and where.

Since I happen to enjoy listening to a local Internet radio station (Radio 
IO) I talked with the person who runs it (one person, Mike, in his spare 
time). He says he currently logs only what is necessary to report (and pay) 
the currently required "performance" fees. But that information is never 
provided to anyone in a way that makes it personally identifiable information.

What really strikes me as strange about this position on the part of the 
Copyright office is that one can currently acquire access to digital music 
(or digital text) with no tracking (buy a CD or e-book with cash). And one 
can listen to FM without the FM station knowing who one is. Can one assume 
from this NPRM that people will soon have to register e-books and music CDs 
before opening them? Frankly, I could care less who knows what music I 
listen to, but I'm not sure I want everyone in the world to know that I 
listen to Bill Hicks, or that I read Harry Potter!

Stephen

p.s. Mike conservatively estimates that if the current proposals are upheld 
he will owe $500,000 in back-dated fees, and his station will rapidly move 
off-shore. He urges people to check out http://saveinternetradio.com




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