IN THE SPOTLIGHT

A couple of quick items from the morning news. This from EFF about a Pepsi ad scheduled to premiere on the Superbowl. It appears some of those teenagers fined by the RIAA are not only to recoup their money but will also get their fifteen minutes of fame.

Some 20 teens sued by the Recording Industry Association of America, which accuses them of unauthorized downloads, will appear in a Pepsi-Cola (PEP) ad that kicks off a two-month offer of up to 100 million free — and legal — downloads from Apple's iTunes, the leading online music seller. The sassy ad, to be seen by Super Bowl's 88 million viewers on Feb 1, is a wink at the download hot button. Pepsi hopes the promotion will connect its flagship cola, as well as Sierra Mist and Diet Pepsi, with teens who've shown more affinity for bottled water, energy drinks and the Internet.

My guess is that it will prove more effective in its marketing goal than the ONDCP ads for which the taxpayer will foot the bill again.

And more news from the 9th Circuit US Court of Appeals. As part of a two day conference, the 15 feisty judges of that court have issued an en banc objection to a new law limiting their discretion in sentencing people convicted of crimes, saying Congress should have consulted them before acting.

Judge John Coughenour of Seattle said the group had "virtual unanimity" in its disdain for the law, which compels judges to strictly follow sentencing guidelines and orders that reports be sent to Congress on anyone who deviates from them.

A sentiment being voiced from the bench all across the country.

The change, which was supported by Attorney General John Ashcroft, was part of an anti-crime bill signed by President Bush last year.

Another tough on crime measure that is just plain dumb.