• by Wendy Davis , Staff Writer @wendyndavis, June 2, 2011

Tennessee has just passed a law making it illegal for people to share subscriptions to Netflix, Rhapsody or other entertainment services.

The new measure, signed this week and slated to take effect on July 1, empowers state prosecutors to bring theft of services charges to anyone who accesses another's subscription service. First-time offenders who do so can be charged with misdemeanors if the total value of property accessed is less than $500; if the value is more, or if the person has a prior conviction, prosecutors can bring felony charges.

The bill's sponsor, Rep. Gerald McCormick, says the measure is aimed at people who share with others en masse, and not with roommates or family members. Regardless of his intention, the bill's language doesn't make that distinction.

Instead, the new bill seems likely to turn untold numbers Tennessee residents into scofflaws. Many might never be discovered, but if they are, whether they are prosecuted will be up to the discretion of the local law enforcement authorities -- who can target people for all sorts of reasons unrelated to the scope of the sharing.

What's more, there's no proof that this law will actually address any economic problem. Yes, people undoubtedly share accounts. But whether that hurts or helps the industry isn't clear. If two friends are sharing one Netflix password, it's certainly possible that neither one is willing (or able) to pay for a subscription separately.

The bill also includes the puzzling provision that individuals who are "directly or indirectly harmed" by password-sharing have "standing" to report the matter to the police and to testify in court. In general, however, anyone can report a crime for any reason. Possibly the lawmakers wanted to limit police involvement to situations where Netflix, Rhapsody or another similar service complained. If so, the bill doesn't seem to accomplish that because it doesn't appear to prohibit the police from acting if they learn of password-sharing on their own.