Fred McClure (Courtesy ADP)

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The Digital Piracy Debate
Guest: Fred McClure, Alliance for Digital Progress

Thursday, Jan. 30, 2003, 1 p.m. ET

As head of the recently formed Alliance for Digital Progress, Fred McClure has assumed a leading role in the high-tech industry's crusade against laws that would force computer and electronics makers to install copyright protection measures in their products. A former deputy U.S. Attorney General, McClure served as a legislative adviser to Presidents Ronald Reagan and George H. W. Bush.

Submit Your Questions and Comments: McClure will be online on Thursday, Jan. 30 at 1 p.m. to discuss why the alliance was formed and his plans for taking the group's message to the new Congress. washingtonpost.com tech policy reporter David McGuire will moderate the discussion.

Editor's Note: Washingtonpost.com moderators retain editorial control over Live Online discussions and choose the most relevant questions for guests and hosts; guests and hosts can decline to answer questions.

To read the most recent responses, click "Get New Text" or select "Automatically Update Page."

David McGuire: Hi Fred, thanks for joining us. Could you tell our readers a little bit about the mission of the Alliance for Digital Progress, and what you hope to accomplish during this Congress?

Fred McClure: Thanks for inviting me, David. The mission of the Alliance for Digital Progress is twofold: to support the protection of digital content from piracy, and to oppose efforts to get the government to design anti-copying technology and mandate its use. We believe this is an extremely important issue for consumers who want to enjoy all the benefits of digital content. Putting the government in the role of designing and mandating this technology is going to lead to devices that cost more and do less -- everything from CD players to DVD players to personal computers. We believe the solution to the piracy problem lies in encouraging continued collaboration among all interested parties in the private sector, keeping the consumer "top of mind." What we hope to accomplish during this Congress is simple: inform Members about the issue and help ensure that technology mandates are not viewed as an option to deal with piracy.

David McGuire: Check out the Alliance's Web site: alliancefordigitalprogress.org.

Baltimore: A fact sheet on ADP's Web site says your group "believes the proper role of Government is to enforce existing laws against illegal copying." Sounds a lot like the NRA saying the gov't should focus on enforcing gun laws. I guess my question is: With the technology proliferation that's occurring out there, how on earth can gov't enforce these laws? Also, who's gonna pay for it? And if gov't should enforce existing anti-piracy laws, does that mean you support raiding private homes to bust teens who burn CDs of their favorite bands and give those CDs to friends?

Fred McClure: ADP believes that both the private sector and the government have a role to play in fighting digital piracy. The proper role of the government is to help educate consumers about copyright laws and the consequences of piracy, and to enforce the laws Congress has already enacted to protect digital content. The specifics of how to enforce those laws has always been a prerogative exercised by law enforcement officials, and by individual content owners pursuing civil actions. We believe that's where those decisions should be made, and that's not what ADP is about.

Fairfax, VA: I'm already finding copy-protected CDs on the market. How successful can your efforts be without support from the software/music/film industries?

Fred McClure: Two weeks ago, the Recording Industry Association of America (RIAA) reached an agreement of principles with two high-tech industry groups, the Business Software Alliance and the Computer Systems Policy Project. Among those principles was a pledge to oppose government technology mandates. So it's clear that the position of the ADP is shared today by the music industry and the software industry. There is also considerable cooperation ongoing between the movie studios and technology and consumer electronics companies; they have held something like 60 high-level meetings in the past seven years to work on technical solutions to piracy in many areas. We support those efforts and want to see them continue. We think government efforts to create and mandate technology interferes with the success of those efforts.

Phoenix, AZ: Fred, the bill proposed by Senator Hollings seemed to suggest that the solution to piracy lies in technology. Do you believe that technology can provide a perfect solution to piracy?

Fred McClure: Technology is only one part of the solution to protecting digital content. Solutions to the piracy problem must combine technology solutions that work in the marketplace; consumer education efforts by government and business; strong enforcement of existing copyright laws; and the creation of new ways to deliver high-quality digital content that meet consumer expectations.

David McGuire: The high tech industry has often been accused of being overly laissez-faire in its political dealings. Does the formation of this organization represent a political mobilization of sorts by the nation's techies?

Fred McClure: David, it's important to look at the members of the alliance. We are a broad-based group that includes consumer groups, taxpayer organizations, public interest groups, and technology companies and organizations. We all agree on one thing: government-designed mandates are a bad idea. This isn't any one group or company speaking: it's an alliance of many, many groups that share the same basic principle.

McLean, Va.: This alliance is a battering ram that's trying to knock a hole in a spider's web. What real threat is out there right now that a broadcast flag or somesuch bill will really get past the Republican leadership in Congress? What, has Hollings suddenly become more powerful? I don't think so.

Fred McClure: Having been involved in policy debates for virtually all of my professional life, it has been my experience that complex issues continue to pop up in different places and different ways in the legislative and regulatory environment. If one takes a look at what the movie industry has said during the past couple of weeks, it is clear that they have not abandoned "the option of seeking technical protection measures via the Congress or appropriate regulatory agency...". Given the speed with which the digital marketplace is changing, we believe it is important for our organization to speak out in support of consumers who would be hurt the most should the government design and mandate anti-copying technology.

Annandale, Virginia: Are there any indications that Mr. Hollings will reintroduced his digital piracy bill?

Fred McClure: We have not become aware of any intentions on the part of Senator Hollings to reintroduce legislation as he did last year. However, let me reiterate, you never know when or where tech mandate language might appear in legislation. So, we believe it is important to be vigilant, and we will be.

St. Michael's, Md.: Good afternoon. People who oppose the idea of Congress mandating copyright protection technology often say the "marketplace" should be left to develop its own solutions. What ideas is the marketplace bandying about?

Fred McClure: ADP, as an organization, is not about promoting specific technology solutions to piracy. We believe that industry-to-industry collaboration -- collaboration that keeps the consumer "top of mind" -- is the vibrant force that creates solutions. For example, the most rapidly adopted consumer entertainment technology ever is the DVD. Private sector collaboration developed this technology that includes both terrific features and built-in copy protection. We need more of that. Not more government.

Alexandria, Va.: Mr. McClure. You've got strong ties to the Republican Party. Is it safe to say that your group seeking to punish Hollywood for its traditional support for Democrats?

Fred McClure: ADP is not against any industry, company, or individual. What we oppose is a policy -- one that puts the government in the business of designing technology that could well become obsolete almost as soon as it hits the marketplace. Our effort is aimed at encouraging everyone in the private sector to work together to meet consumer expectations. This has been going on for the past seven years, and we hope an environment can be created that nurtures a continuation of this collaborative effort.

Frederick, Md.: Now that Hilary Rosen is leaving RIAA, do you see the entertainment industry moderating its views on digital piracy?

Fred McClure: I'm not in a position to speak for RIAA. You'll have to ask them. However, if you review the principles announced in the RIAA/BSA/CSPP agreement of two weeks ago, ADP applauds the principles of no tech mandates, consumer education, industry collaboration, and protection of ditigal content. We share these views.

Arlington, VA: How is your alliance going to overpower the pushy and successful copyright owners from the movie and recording industries, who haven't been terribly friendly to the tech industry.

Fred McClure: On the contrary, dozens of high-level meetings have taken place between the movie studios, technology companies and consumer electronics companies. Those meetings continue, as they should. We believe that if everyone keeps the consumer "top of mind" and works together, then it will result in the kinds of products, services and business models that will survive in the marketplace.

Washington, D.C.: If your group is against forced regulation to tweak technology in an effort to stop digital piracy, what are some alternatives that can actually work -- both in placating the powerful copyright industry and meeting consumers' desire to download music and sample products before they buy them?

Fred McClure: If you take a close look at some of the proposals from last year, it is not a matter of "tweaking." Far from that, it is the government designing technology as a "one size fits all" quick fix. Technology expertise lies in the private sector. We believe that when legislative mandates replace marketplace solutions, innovation is stifled and collaboration that produces new technologies grinds to a halt. When industry is open to collaboration and market-based solutions, consumers get new distribution models, such as MovieLink and PressPlay. Those two are just the tip of the iceberg.

Washington, D.C. : How do you see the recent court ruling forcing broadband providers to disclose the identity of song-, movie-, and software-swappers affecting the push for tech mandates on Capitol Hill?

Fred McClure: These are two separate issues. ADP is not about the scope of copyright law. That policy debate is taking place in the courts and legislature as it should. ADP is about making certain that in the policy debate about protecting digital content, that government designed and mandated technology is not an acceptable solution.

Alexandria, VA: How much money does it take to get one of these associations off the ground? I wonder only because it seems like there are plenty of people out there who do what you do, notwithstanding your argument that there is no one group DEDICATED to this topic. The groups that handle this subject do it very well already.

Fred McClure: ADP is happy to add our voice to this important public policy debate. Our membership is very diverse, and includes the voices of consumers and taxpayers. We believe that the mere fact that these organizations are part of this alliance is an indication that our voice is needed. And, we intend to make our voice heard.

David McGuire: Who in Congress do you see as your biggest opponents? Obviously Sen. Fritz Hollings has voiced support for tech mandates, but are there any other members or congressional committees where you feel you need to focus your attention?

Fred McClure: David -- We oppose a policy that we believe is not good for consumers. There are 535 Members of Congress, and any one or more of them has the right to engage in this policy debate. ADP plans to closely monitor Congress and its participation in this important issue that affects the digital progress that has brought, and continues to bring, so many benefits to consumers and the economy. We will oppose tech mandates. We will support the protection of digital content. And, we will continue our efforts to foster private sector collaboration that meets consumer expections.

David McGuire: Unfortunately, we're out of time. I'd like to thank Fred McClure for taking the time to join us today and our audience for submitting so many thoughtful questions.

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