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S. 3804 sucks

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mr_zoot

PostPosted: Sun Oct 17, 2010 7:24 pm


S. 3804, titled The combating online infringement and counterfeits act is currently in committee.

text here

For those of you who can't read legalese, publicknowledge.org summarizes the bill thusly

publicknowledge.org

It proposes to target websites that distribute infringing materials by having the Attorney General shut down their domain names (if their registrars or registries are US-based), or by telling US-based ISPs and other online providers not to connect users to accused websites that have foreign-based domain names.

full text of this article can be found here.

I for one think this bill sucks. My biggest problem with this bill gives the AG too much power with too broad a mandate to use it.

A. the definition of what sites that can be completely blocked includes the very vague phrase "enable or facilitate infringement." The bill specifically mentions providing a link as constituting facilitation. This is total baloney. A site should not be blocked for providing a link to another site that has infringing content.

B. Blocking a whole fricken domain name due to the discovery of infringing material on a site is too broad and imprecise a measure to counter infringement. You end up blocking perfectly legitimate, first amendment-protected content as well as the infringing content. Take, for example, the BT tracker, Demonoid. While some users certainly upload torrents that enable the sharing of infringing files, many artists distribute samples of their work for free using this site.
PostPosted: Mon Oct 18, 2010 5:40 pm


Petition
Here's a petition about this bill

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PostPosted: Thu Mar 17, 2011 11:13 pm


mr_zoot
S. 3804, titled The combating online infringement and counterfeits act is currently in committee.

text here

For those of you who can't read legalese, publicknowledge.org summarizes the bill thusly

publicknowledge.org

It proposes to target websites that distribute infringing materials by having the Attorney General shut down their domain names (if their registrars or registries are US-based), or by telling US-based ISPs and other online providers not to connect users to accused websites that have foreign-based domain names.

full text of this article can be found here.

I for one think this bill sucks. My biggest problem with this bill gives the AG too much power with too broad a mandate to use it.

A. the definition of what sites that can be completely blocked includes the very vague phrase "enable or facilitate infringement." The bill specifically mentions providing a link as constituting facilitation. This is total baloney. A site should not be blocked for providing a link to another site that has infringing content.

B. Blocking a whole fricken domain name due to the discovery of infringing material on a site is too broad and imprecise a measure to counter infringement. You end up blocking perfectly legitimate, first amendment-protected content as well as the infringing content. Take, for example, the BT tracker, Demonoid. While some users certainly upload torrents that enable the sharing of infringing files, many artists distribute samples of their work for free using this site.

"Do you remember the letter that granny wrote me?
You do? You remember how I ended it?...



In response to A:
That's Congress' job. To create and enact laws that have a broad usage of terms that are then decided by private bureaucracies. It's part of the Iron Triangle. Congress knows it won't be able to agree of the nuances of each bill, so they leave it vague and let the private bureaucracies fill in the blanks, sometimes government agencies (like the Environmental Protection Agency), to further the development of the law. Congress once made a law that, loosely, stated "and it may do anything that enables the general welfare of our society". Go into the dictionary and search for the rest of your life for words more vague and nondescript than "general" and "welfare". You won't ever find them. It was the Commerce clause that enabled the US Government to handle matters of interstate commerce.

However, not all bad comes from the Iron Triangle. From the Commerce clause came the Interstate Highway System - America's Autobahn. The government created the highway system so it could mediate the transportation of interstate goods and services, and look where it is now. It serves as one of the most highly used casual transportation arteries in the entire world. (Fun fact: for something like every 3 miles of interstate, there is at least 1 mile of straight interstate. For, in cases of national emergency, planes can use the interstate as a runway.)


... 'I cherish the memories of a question my grandson asked me the other day:
'Grandpa were you a hero in the war?' Grandpa said
'No. But I served in a company of heroes.'"
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