This Is How Internet Regulation Can Go Really Wrong

The recent history of misguided and heavily lobbied anti-piracy legislation shows how damaging poor regulation can be

Rik Ferguson
6 min readMay 14, 2018
Photo by Ben Hershey on Unsplash

Jammie Thomas-Rasset always claimed she hadn’t heard of Kazaa until her trial, and that it must have been her boyfriend or her kids who illegally shared songs on the file-sharing service, including Guns n’ Roses, Gloria Estefan, and Green Day.

In 2012, after a protracted lawsuit brought by the Record Industry Association of American (RIAA), she was found guilty and ordered to pay $222,000 in damages. Thomas-Rasset said she’d declare bankruptcy to avoid paying the fine; to this day, the RIAA has reportedly not received a penny.

Thomas-Rasset was just one of an estimated 18,000 file-sharers to be sued for copyright infringement by the RIAA in the first half of the 2000s. It was a questionable strategy — and an expensive one. From 2006 through 2008, the RIAA spent more than $64 million on legal fees and investigations to recoup just $1.4 million in settlements.

In late 2008, the RIAA changed tack, redoubling its lobbying efforts. By 2011, it had spent more than $90 million pushing for legislation that would help protect copyright and its legacy business models.

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Rik Ferguson

Vice President Security Research @ Trend Micro - I tweet as myself, expect some non security stuff too. https://rikferguson.com