If you run a CD or DVD duplication company and you're based in California, you may soon be subject to warrantless searches in order to "fight piracy." California Senate Bill 550, introduced by Sen. Alex Padilla (D-Pacoima), has slowly begun making its way through the state legislature as a way to cut down on counterfeit discs, but critics worry that it may open the door to Fourth Amendment violations.

Currently, commercial disc manufacturers in California must stamp unique identifiers onto their products as a way to separate commercial products from counterfeits. Discs without these identifiers are considered illegal, and those who mass produce knockoff discs for the black market can already be pursued as criminals under existing law.

The mere possession of equipment that can press discs without these identifiers, however, is not illegal—yet. SB 550 would make it illegal for someone who owns a commercial manufacturing plant to own or operate any equipment that does not stamp the appropriate mark on the discs in question, or any equipment that would make it easy to forge the mark.

That's not the most controversial part of the bill, though. SB550 also has provisions that would allow law enforcement to begin inspecting disc replication plants without a warrant in order to verify that they're complying with the law. These inspections must take place during regular business hours, but if officers find equipment that they suspect is being used for non-legit purposes, it can be seized.

"The crime of illegal mass reproduction of music and movies is a serious problem. Last year alone, more than 820,000 illegal discs were seized by law enforcement authorities in California," Padilla said in a statement when SB550 was approved California's Senate Public Safety Committee earlier this month. "Fraudulent CDs and DVDs undermine our economy and California’s role as a global leader in music and film. They steal revenue from artists, retailers, and our entertainment sector."

The RIAA has thrown its support behind the bill, claiming that nine out of 10 pirated music discs come out of replicator plants that also produce legal discs, and that some 70 plants based in California are responsible for up to 85 percent of the counterfeit discs found in the US. The RIAA's Marcus Cohen told the L.A. Times that warrantless searches have already been given the green light when it comes to "closely regulated" industries like gun shops, massage parlors, and nursing homes, and this would be no different.

Critics, however, point out that searches of those types of "closely regulated" businesses tend to be in place in order to protect consumers, not to protect the economic interests of the industry. As noted by the Times, one California senator voted against the bill due to Fourth Amendment concerns, while the ACLU has expressed doubts about its constitutionality. "If I were in the Legislature, I would say I want some kind of reasonable suspicion," said University of San Diego's Center for Public Interest Law director Robert Fellmeth. "I would not want simply to leave an open door for the police."