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Imagine that police arrest an individual for a simple traffic infraction, such as running a stop sign. Under the search incident to arrest doctrine, officers are entitled to search the body of the person they are arresting to ensure that he does not have any weapons or will not destroy any evidence. The search incident to an arrest is automatic and allows officers to open containers on the person, even if there is no probable cause to believe there is anything illegal inside of those containers. What happens, however, when the arrestee is carrying an iPhone in his pocket? May the police search the iPhone's call history, cell phone contacts, emails, pictures, movies, calendar entries and, perhaps most significantly, the browsing history from recent internet use? Under longstanding Supreme Court precedent decided well before handheld technology was even contemplated, the answer appears to be yes.
Well, ha ha. I won't pretend to be immune from a little shadenfreude at the expense of this particular blogospheric bête noir. But in a larger way, this incident validates the RIAA's existence. After all, it's not the RIAA's name that appears on lawsuits filed against P2P users: it's those of the record labels. The association serves a number of functions, but not least among them is its role as a consequence-free focal point for consumer backlash — backlash that most recently channeled itself into meaningless vandalism against a brochureware site that no one visits.
Of course, this displacement of blame works in both directions. It's considerably easier for copyfighting triumphalists to claim they're in the right when the enemy is a constituency-free trade group rather than a business that represents (however poorly) the artists whose work is being appropriated. For this reason, I wouldn't take too seriously the rumors of the RIAA's demise. So long as the labels choose to prosecute their war on filesharers, everyone concerned will have a use for a scapegoat.
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"The one charm of marriage is that it makes a life of deception a neccessity." - Oscar Wilde