infoJustice

California State Senator Alex Padilla has introduced legislation that would authorize law enforcement to search optical disk plants “without providing prior notice or obtaining a warrant.” The police may seize disks and any manufacturing equipment used to make illegal disks on a commercial scale.  The L.A. Times reports that the bill “has sailed through two state Senate committees, one unanimously and one by a 5-2 vote,” but that Sen. Ron Calderon voted against it, citing “constitutional concerns.”

Here is the summary from the Legislative Counsel’s Digest:

Existing law requires every person who manufactures an optical disc, as defined, for commercial purposes to permanently mark the manufactured optical disc with an identification mark or a unique identifying code, as specified. Existing law sets forth various definitions for purposes of these provisions. Existing law makes a manufacturer that violates these provisions guilty of a crime punishable by specified fines. Existing law also makes a person that engages in specified prohibited acts in violation of these provisions guilty of a crime punishable by specified fines or imprisonment.

This bill would recast the definitions applicable to these provisions. The bill would prohibit a person who manufactures optical discs for commercial purposes from possessing, owning, controlling, or operating manufacturing equipment or any optical disc mold unless it has been adapted to apply the appropriate identification mark or unique identifying code. The bill would prohibit a person who manufactures optical discs for commercial purposes from making, possessing, or adapting any optical disc mold for the purpose of applying a forged, false, or deceptive identification mark or identifying code. The bill would authorize law enforcement officers to perform inspections, as specified, at commercial optical disc manufacturing facilities during regular business hours without a warrant for the purpose of verifying compliance with these provisions
and would authorize law enforcement officers, in performing these investigations, to seize any optical disc or production part manufactured in violation of these provisions. The bill would require a person manufacturing optical discs for commercial purposes to maintain specified records. The bill would also increase the fines applicable to a manufacturer or person that violates the provisions regulating manufactured optical discs.

Because a violation of the bill’s provisions by a person who manufactures optical discs would be a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

Further information:

• Text of S.B. 550
• Marc Lifsher, Los Angeles Times. State lawmakers weigh anti-piracy bill to allow warrantless searches of CD and DVD makers. May 17, 2011.
• David Kravets for Wired. RIAA Legislation: No Warrant Required to Search, Seize Optical-Disc Plants. May 18, 2011.