Senator Orrin Hatch (R-Utah), Chairman of the Senate Judiciary Committee, recently told members of the Utah Information and Technology Association that bolstering online copyright and privacy protections were top priorities on the committee’s agenda for the current legislative session.

Senator Hatch said he plans to further explore the issue of copyright and fair use as it applies to cyberspace, "where some of the assumptions underpinning traditional copyright law may not be relevant, or need to be applied by proper analogy."

Despite several recent court rulings against the controversial file-sharing company Napster, which have helped to define copyright protections in cyberspace, Hatch indicated his intention to continue to investigate how copyright should be applied to the Internet. "We need to look at how we can foster the continued convergence of information, entertainment and communication services on a variety of platforms and devices that will make life more enjoyable and convenient. And, we need to encourage an open and competitive environment in the production and distribution of content on the Internet," said Hatch. The senator has been a strong proponent of file-sharing services, such as Napster.

In addition, Senator Hatch restated to the Utah high tech leaders his concerns about online privacy. Last year, the senator co-sponsored a bill with Senator Charles Schumer (D-New York) that would have established sweeping new rules for companies that collect personal information about consumers over the Internet. The bill failed to pass last session, but similar efforts are sure to be considered by the Judiciary Committee this year.

While Chairman Hatch’s intentions are good, the committee should move cautiously against over-burdensome legislation to deal with online privacy concerns. The technology industry is making great progress toward the protection of consumer confidence in their personal and financial information over the Internet. Cookie cutter legislation could result in unintended consequences, putting severe restrictions on advancements in technology.

Moreover, the committee needs to protect what the courts have said with regards to copyright protections online. The widespread distribution of information over the web is a good thing, but it must be done in a way that copyright holders are protected against the theft of their intellectual property.

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