Proposed California Senate Bill 96

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   SECTION 1.  Section 653.15 is added to the  Penal Code , to read:
   653.15.  (a) Any person or entity that sells, offers for sale,
advertises, distributes, disseminates, provides, or otherwise makes
available peer-to-peer file sharing software that enables its user to
electronically disseminate commercial recordings or audiovisual
works via the Internet or any other digital network, and who fails to
exercise reasonable care in preventing use of that software to
commit an unlawful act with respect to a commercial recording or
audiovisual work, or a violation of Section 311.1, subdivisions (b),
(c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11,
or 502 is punishable, in addition to any other penalty or fine
imposed, by a fine not exceeding two thousand five hundred dollars
($2,500), imprisonment in a county jail for a period not to exceed
one year, or by both that fine and imprisonment.(b) As used in this
section, "peer-to-peer file sharing software" means software that
once installed and launched, enables the user to connect his or her
computer to a network of other computers on which the users of these
computers have made available recording or audiovisual works for
electronic dissemination to other users who are connected to the
network. When a transaction is complete, the user has an identical
copy of the file on his or her computer and may also then disseminate
the file to other users connected to the network.
   (c) As used in this section "recording" means the electronic or
physical embodiment of any recorded images, sounds, or images and
sounds, but does not include audiovisual works or sounds accompanying
audiovisual works.
   (d) As used in this section "audiovisual work" means the
electronic or physical embodiment of motion pictures, television
programs, video or computer games, or other audiovisual presentations
that consist of related images that are intrinsically intended to be
shown by the use of machines or devices such as projectors, viewers,
or electronic equipment, or a computer program, software, or system,
as defined in Section 502, together with accompanying sounds, if
any.
   (e) As used in this section,"commercial recording or audiovisual
work" means a recording or audiovisual work whose copyright owner, or
assignee, authorized agent, or licensee, has made or intends to make
available for sale, rental, or for performance or exhibition to the
public under license, but does not include an excerpt consisting of
less than substantially all of a recording or audiovisual work. A
recording or audiovisual work may be commercial regardless of whether
the person who electronically disseminates it seeks commercial
advantage or private financial gain from that dissemination.
   (f) As used in this section,"electronic dissemination" means
initiating a transmission of, making available, or otherwise
offering, a commercial recording or audiovisual work for distribution
on the Internet or other digital network, regardless of whether
someone else had previously electronically disseminated the same
commercial recording or audiovisual work.
  SEC. 2.
  The provisions of this act are severable. If any provision of this
act or its application is held invalid, that invalidity shall not
affect other provisions or applications that can be given effect
without the invalid provision or application.
  SEC. 3.
  No reimbursement is required by this act pursuant to Section 6 of
Article XIII B of the California Constitution because the only costs
that may be incurred by a local agency or school district will be
incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.

Doesn't a basic web browser fit the definition of "software that once installed and launched, enables the user to connect his or her computer to a network of other computers on which the users of these computers have made available recording or audiovisual works for electronic dissemination to other users who are connected to the network."? Yeah! Let's criminalize file downloading! Way to fill up California's jail cells dude!

I'm sure this won't get anywhere once people get wind of it. But the politician who thought this was a good idea sure must be a dumb-ass.