Mar 11, 2007
The war against piracy has literally "gone to the dogs."Meet Flo and Lucky, two black labradors, who are 'specially trained' to sniff out pirated dvds in London. This was the brain-child of allies The Federation Against Copyright Theft (FACT), express delivery company FedEx and HM Revenue & Customs to combat the problem of dvd piracy, according to a press release last year from the MPAA (Motion Picture Association of America).
Supposedly they are trained to find large shipments of optical discs that may be located in boxes, envelopes or other packaging, as well as discs concealed amongst other goods which could be sold illegally. They've been put to work in the Stansted Airport in the United Kingdom.
Of course, its physically impossible for them to distinguish between pirated DVDs, perfectly legal original ones and even legally copied ones. (Details they've overlooked)
Of course, it is already accepted practice that dogs be deployed to sniff out contraband like drugs, chemicals, bombs etc. in airports. That's understandable. The Supreme Court has ruled that airport searches are permissible. The search is made pursuant to routine airport security procedure, which is allowed under Section 9 of Republic Act No. 6235 reading as follows:
Supposedly they are trained to find large shipments of optical discs that may be located in boxes, envelopes or other packaging, as well as discs concealed amongst other goods which could be sold illegally. They've been put to work in the Stansted Airport in the United Kingdom.
Of course, its physically impossible for them to distinguish between pirated DVDs, perfectly legal original ones and even legally copied ones. (Details they've overlooked)
Of course, it is already accepted practice that dogs be deployed to sniff out contraband like drugs, chemicals, bombs etc. in airports. That's understandable. The Supreme Court has ruled that airport searches are permissible. The search is made pursuant to routine airport security procedure, which is allowed under Section 9 of Republic Act No. 6235 reading as follows:
SEC. 9. Every ticket issued to a passenger by the airline or air carrier concerned shall contain among others the following condition printed thereon: "Holder hereof and his hand-carried luggage(s) are subject to search for , and seizure of, prohibited materials or substances. Holder refusing to be searched shall not be allowed to board the aircraft," which shall constitute a part of the contract between the passenger and the air carrier.
That's understandable since the contraband have a unique smell. In this case, the dogs sniff out the optical discs. It is impossible to sniff out the DATA. Simply because of its nature... it's incorporeal. It would be reasonable if the discs look physically/extrinsically like pirated dvds. Then it would be no different than a regular airport/customs security procedure. But what about personal dvds, of pictures, home movies... those with no apparent labeling. Or maybe personal labeling. Once the dogs find them, will they check each and every disc's content? Time consuming not to mention ineffective.
Wouldn't that constitute a fishing expedition under the guise of 'stop and frisk' and 'customs' exceptions? So the dogs just find any package, box, luggage carrying any optical disc and only after do they check the content? Or maybe there is a presumption that one automatically consents to a search whenever one ships a box...
From what I can recall, searches and seizures without warrants are permissible in cases where the objective is reasonable. I am having trouble finding the "reasonable" in this dog-deal. Permissible presumes that they are in fact effective. A useless search can never be reasonable. I can only imagine the time consumed in checking each and every file in an optical disc found, and classify it under legal original, legal copy or illegal copy... A function only a human can perform.
Anyhow it can be argued either way. On the other hand, at least the dogs can't be bribed. Can't say the same for some customs/airport officials... *shakes head*
whatever... the dogs are still adorable.
Wouldn't that constitute a fishing expedition under the guise of 'stop and frisk' and 'customs' exceptions? So the dogs just find any package, box, luggage carrying any optical disc and only after do they check the content? Or maybe there is a presumption that one automatically consents to a search whenever one ships a box...
From what I can recall, searches and seizures without warrants are permissible in cases where the objective is reasonable. I am having trouble finding the "reasonable" in this dog-deal. Permissible presumes that they are in fact effective. A useless search can never be reasonable. I can only imagine the time consumed in checking each and every file in an optical disc found, and classify it under legal original, legal copy or illegal copy... A function only a human can perform.
Anyhow it can be argued either way. On the other hand, at least the dogs can't be bribed. Can't say the same for some customs/airport officials... *shakes head*
whatever... the dogs are still adorable.
