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Showing posts with label Combating Online Infringement and Counterfeits Act. Show all posts
Showing posts with label Combating Online Infringement and Counterfeits Act. Show all posts
Tuesday, April 5, 2011
Saturday, November 27, 2010
U.S. Shuts Down Web Sites in Piracy Crackdown
Ben Sisario
NY Times
In what appears to be the latest phase of a far-reaching federal crackdown on online piracy of music and movies, the Web addresses of a number of sites that facilitate illegal file-sharing were seized this week by Immigration and Customs Enforcement, a division of the Department of Homeland Security.
By Friday morning, visiting the addresses of a handful of sites that either hosted unauthorized copies of films and music or allowed users to search for them elsewhere on the Internet produced a notice that said, in part: “This domain name has been seized by ICE — Homeland Security Investigations, pursuant to a seizure warrant issued by a United States District Court.”
In taking over the sites’ domain names, or Web addresses, the government effectively redirected any visitors to its own takedown notice.
“ICE office of Homeland Security Investigations executed court-ordered seizure warrants against a number of domain names,” said Cori W. Bassett, a spokeswoman for ICE, in a statement. “As this is an ongoing investigation, there are no additional details available at this time.”
Read Full Article
RELATED ARTICLES:
Endgame Legislation: Lame Duck Session Ushers in Tyranny
End of Free Internet: Senate Approves Internet "Blacklist" Bill
Fresh food that lasts from eFoods Direct (Ad)
Live Superfoods
It is time to Wake Up! You too, can join the "Global Political Awakening"!
Print this page
NY Times
In what appears to be the latest phase of a far-reaching federal crackdown on online piracy of music and movies, the Web addresses of a number of sites that facilitate illegal file-sharing were seized this week by Immigration and Customs Enforcement, a division of the Department of Homeland Security.
By Friday morning, visiting the addresses of a handful of sites that either hosted unauthorized copies of films and music or allowed users to search for them elsewhere on the Internet produced a notice that said, in part: “This domain name has been seized by ICE — Homeland Security Investigations, pursuant to a seizure warrant issued by a United States District Court.”
In taking over the sites’ domain names, or Web addresses, the government effectively redirected any visitors to its own takedown notice.
“ICE office of Homeland Security Investigations executed court-ordered seizure warrants against a number of domain names,” said Cori W. Bassett, a spokeswoman for ICE, in a statement. “As this is an ongoing investigation, there are no additional details available at this time.”
Read Full Article
RELATED ARTICLES:
Endgame Legislation: Lame Duck Session Ushers in Tyranny
End of Free Internet: Senate Approves Internet "Blacklist" Bill
Fresh food that lasts from eFoods Direct (Ad)
Live Superfoods
Print this page
Thursday, November 25, 2010
$335,906 Is The Price Of The Constitution
Daniel Greenfield
Eurasia Review
When Senators give speeches, they will say that you can't put a price on freedom. But as it turns out you can. You can actually put an exact dollar amount on the Constitution. And that amount is $335,906.
That's the amount that Hollywood gave Senator Patrick Leahy. And in return, Leahy gave them COICA. That's not the same of some new disease, it's the abbreviation for Combating Online Infringement and Counterfeits Act, the biggest and more comprehensive internet censorship proposal in the history of this country. It would give Attorney General Eric Holder the power to create a blacklist of websites and force all companies that do business in the United States to comply with that blacklist.
Ever since the Clinton Administration's Communications Decency Act, Democrats have been obsessed with censoring the internet. And that drive has kicked into high gear again. COICA is the most ambitious plan to enact government control over freedom of expression on the internet since the days of the CDA.
While this bill was crafted on behalf of the entertainment industry, the applications go far beyond that. Websites that feature collections of articles, such as FreeRepublic or DemocraticUnderground could easily be targeted under the terms of COICA. And so could many blogs, which list entire articles or cite extensively from them. Any site or blog that embeds videos or images which are not authorized by the copyright holder could be similarly targeted. And with the Attorney General of a highly politicized administration wielding the power to preemptively shutter and blacklist entire websites, it would be all too easy for COICA to be used as a club for suppressing dissent.
While on paper COICA is only supposed to apply to 0.01 percent of the internet, in its broadest interpretation it could apply to anywhere between 30/40 percent of the internet. And the damage can go even beyond that. COICA gives the AG's office a billy club that can destroy any company's business overnight. And will that billy club be used strictly for copyright oversight alone? When the Attorney General's office has the power to shut down any webhost, costing its owners millions in revenues, what will the owners do when they're asked to shut down a site that does not actually fall under COICA? Will they call the AG's bluff and prepare for a legal battle to restore the site and hope their business survives, or will they do the practical thing and comply?
We already know the answer to that. Some larger companies with deep pockets will put up a fight. Maybe. Smaller companies will just go along. And this is not what free speech was supposed to look like in America.
COICA is just the beginning. It's the first step in transforming the internet into an environment completely controlled by the government. If the Senate can move along a law that creates a copyright blacklist, the next step is to create a blacklist for political extremism. Once we've established the principle that you can just pull a switch and blacklist sites that the government doesn't like, where does it end?
Liberals screeched for years about the Patriot Act, but very little attention is being paid to COICA, which is primarily co-sponsored by Democratic senators. The endless Hollywood movies bemoaning the oppression of the Patriot Act, won't give way to movies bemoaning COICA. But that's because COICA was written for Hollywood's benefit. And the forms of oppression that are practiced by the people who make movies about oppression, naturally don't make it into movies.
Some conservatives are defending COICA as a means of protecting private property, but it's not. It creates a privileged status for specific industries through government action, which those specific industries paid for. This is classic 'Rent Seeking Behavior' which uses government force to protect a bad business model. Hollywood is suffering from the plague of piracy because of its own convoluted structure and its need to negotiate every iota of every action with its own unions. Rather than adapt and evolve, it uses lawyers and lobbyists to protect its defective business practices. And having a 'red phone' to the AG's office in order to protect defective business practices does the entertainment industry no favors in the long term.
COICA is a unconstitutional bailout of our freedoms and internet civil rights for a specific industry that has troubling implications for everyone. And it's a demonstration of just how dangerous the intersection of corporate lobbyists and politicians can be. Some conservatives believe that supporting capitalism means blindly endorsing any corporate action. It does not. When corporations subvert public representation and harness government force for their own benefit, then they act like a part of the government.
Read Full Article
RELATED ARTICLE:
Endgame Legislation: Lame Duck Session Ushers in Tyranny
End of Free Internet: US Senate Committee Approves Internet "Blacklist" Bill
Fresh food that lasts from eFoods Direct (Ad)
Live Superfoods
It is time to Wake Up! You too, can join the "Global Political Awakening"! Print this page
Eurasia Review
When Senators give speeches, they will say that you can't put a price on freedom. But as it turns out you can. You can actually put an exact dollar amount on the Constitution. And that amount is $335,906.
That's the amount that Hollywood gave Senator Patrick Leahy. And in return, Leahy gave them COICA. That's not the same of some new disease, it's the abbreviation for Combating Online Infringement and Counterfeits Act, the biggest and more comprehensive internet censorship proposal in the history of this country. It would give Attorney General Eric Holder the power to create a blacklist of websites and force all companies that do business in the United States to comply with that blacklist.
Ever since the Clinton Administration's Communications Decency Act, Democrats have been obsessed with censoring the internet. And that drive has kicked into high gear again. COICA is the most ambitious plan to enact government control over freedom of expression on the internet since the days of the CDA.
While this bill was crafted on behalf of the entertainment industry, the applications go far beyond that. Websites that feature collections of articles, such as FreeRepublic or DemocraticUnderground could easily be targeted under the terms of COICA. And so could many blogs, which list entire articles or cite extensively from them. Any site or blog that embeds videos or images which are not authorized by the copyright holder could be similarly targeted. And with the Attorney General of a highly politicized administration wielding the power to preemptively shutter and blacklist entire websites, it would be all too easy for COICA to be used as a club for suppressing dissent.
While on paper COICA is only supposed to apply to 0.01 percent of the internet, in its broadest interpretation it could apply to anywhere between 30/40 percent of the internet. And the damage can go even beyond that. COICA gives the AG's office a billy club that can destroy any company's business overnight. And will that billy club be used strictly for copyright oversight alone? When the Attorney General's office has the power to shut down any webhost, costing its owners millions in revenues, what will the owners do when they're asked to shut down a site that does not actually fall under COICA? Will they call the AG's bluff and prepare for a legal battle to restore the site and hope their business survives, or will they do the practical thing and comply?
We already know the answer to that. Some larger companies with deep pockets will put up a fight. Maybe. Smaller companies will just go along. And this is not what free speech was supposed to look like in America.
COICA is just the beginning. It's the first step in transforming the internet into an environment completely controlled by the government. If the Senate can move along a law that creates a copyright blacklist, the next step is to create a blacklist for political extremism. Once we've established the principle that you can just pull a switch and blacklist sites that the government doesn't like, where does it end?
Liberals screeched for years about the Patriot Act, but very little attention is being paid to COICA, which is primarily co-sponsored by Democratic senators. The endless Hollywood movies bemoaning the oppression of the Patriot Act, won't give way to movies bemoaning COICA. But that's because COICA was written for Hollywood's benefit. And the forms of oppression that are practiced by the people who make movies about oppression, naturally don't make it into movies.
Some conservatives are defending COICA as a means of protecting private property, but it's not. It creates a privileged status for specific industries through government action, which those specific industries paid for. This is classic 'Rent Seeking Behavior' which uses government force to protect a bad business model. Hollywood is suffering from the plague of piracy because of its own convoluted structure and its need to negotiate every iota of every action with its own unions. Rather than adapt and evolve, it uses lawyers and lobbyists to protect its defective business practices. And having a 'red phone' to the AG's office in order to protect defective business practices does the entertainment industry no favors in the long term.
COICA is a unconstitutional bailout of our freedoms and internet civil rights for a specific industry that has troubling implications for everyone. And it's a demonstration of just how dangerous the intersection of corporate lobbyists and politicians can be. Some conservatives believe that supporting capitalism means blindly endorsing any corporate action. It does not. When corporations subvert public representation and harness government force for their own benefit, then they act like a part of the government.
Read Full Article
RELATED ARTICLE:
Endgame Legislation: Lame Duck Session Ushers in Tyranny
End of Free Internet: US Senate Committee Approves Internet "Blacklist" Bill
Fresh food that lasts from eFoods Direct (Ad)
Live Superfoods
Endgame Legislation: Lame Duck Session Ushers in Tyranny
Eric Blair
Activist Post
When most of us think about "lame duck" Congressional sessions we think of a "do-nothing" government. However, this so-called lame duck session appears to be a time where legislation that has the most restrictions to individual rights is being rammed through.
It seems the members of government who have been recently voted out of office are vying for corporate jobs by pushing such legislation as the Food Safety Modernization Actand the Combating Online Infringement and Counterfeits Act which are now on the fast track to becoming law. Both of these laws reek of tyranny for the citizens and a means of corporate consolidation for the big boys.
It seems whenever a piece of legislation has the word "safety" in it we can expect to lose our right to make our own decisions. For example, consumer protection groups pushed hard for the Consumer Product Safety Improvement Act in 2008 after large numbers of Chinese-made toys and other products proved to have dangerously unhealthy toxins.
Consequently, the bill was passed with 407 Ayes, 0 Nays in the House. Only later did the public find out that the bill did more to regulate, tax, and impose fines on neighborhood garage sales than it did to stop dangerous Chinese imports. Clearly, the bill is used to clamp down on an individual's right to sell their used items without governmental oversight. In other words, the corporate-government will not allow any form of black market to threaten their cartel control of consumerism.
The Food Safety Modernization Act has the backing of establishment liberals who think more big government regulation will protect us from food-borne diseases derived from factory farming. Their heart seems to be in the right place, but placing trust in this horribly corrupt government to "protect" us makes them utterly gullible. The vote of 74-25 in the Senate proves the bill was more broadly supported than just with progressives, indicating strong corporate support from the Big-Agri lobby that wrote the bill. According to Darrell Castle of the Constitution Party, the bill purports to:
We should know by now that nearly all legislation is not written or read by our elected officials, but rather by heavy-handed corporate interests who seek nothing less than total domination over their industries. Yet, the public is still easily swayed.
The second piece of legislation that was flushed out of the Judiciary Committee last week with a 19-0 vote is the Combating Online Infringement and Counterfeits Act (COICA). This bill is pure tyranny against Internet freedom. In other words, they're not even using the guise of protecting the people to hammer this one home. This bill seeks to arbitrarily create an Internet "Blacklist" of domains, much like the arbitrary "Terror Watch List." The government is seeking the power to shut access to sites it flags . . . no judge, no evidence, no jury. The law will also apply to websites hosted outside the U.S. where the corporate-government will claim global control over information on the Internet. The government plans to enforce the blocking of these Blacklisted websites by using major Internet service providers (ISPs).
To demonstrate how draconian this bill is, Copyright Laws are already very clear where if a media corporation can demonstrate that a given website used their material against Fair Use rights, they can be sued individually for damages. This new law will bypass the current legal system of innocent until proven guilty with no warnings, presentation of evidence of wrong-doing, or determination of fault by a jury of peers. Although the legislation is said to be focused on sharing movies, music, and television shows; the copyright violations are defined very broadly and will surely extend to any usage of Associated Press or Reuters stories (or the like) and/or images.
This broad definition will essentially put all alternative news websites in violation despite their Fair Use rights. In fact, nearly every article or commentary about world events that is covered by independent news organizations that quote or link to mainstream media stories as a reference may be in violation (including this article you're reading). The COICA will effectively crush any opposition to the mainstream media's domination on the currently free and open world wide web. If properly debated and dissected there is no way this bill would be passed, hence the rushing to pass it under a quiet Congressional session.
Both of these bills will likely become laws given their overwhelming support in Congress. When enacted, the corporate-government tyranny will begin to work stealthily to regulate their competition out of the marketplace. By the time the vast majority of people realize this tyranny, it will be too late to complain as the independent voices will assuredly be Blacklisted from any debate.
RECENTLY by Eric Blair:
Eurozone Debt Crisis 2.0: Dollar Sucks Less than Euro, Again
Highly Enriched Uranium has a Spot Price on the Black Market?
Baby Boomers: Get Out of the Stock Market Now
Fresh food that lasts from eFoods Direct (Ad)
Live Superfoods
It is time to Wake Up! You too, can join the "Global Political Awakening"!
Print this page
Activist Post
When most of us think about "lame duck" Congressional sessions we think of a "do-nothing" government. However, this so-called lame duck session appears to be a time where legislation that has the most restrictions to individual rights is being rammed through.
It seems the members of government who have been recently voted out of office are vying for corporate jobs by pushing such legislation as the Food Safety Modernization Actand the Combating Online Infringement and Counterfeits Act which are now on the fast track to becoming law. Both of these laws reek of tyranny for the citizens and a means of corporate consolidation for the big boys.
It seems whenever a piece of legislation has the word "safety" in it we can expect to lose our right to make our own decisions. For example, consumer protection groups pushed hard for the Consumer Product Safety Improvement Act in 2008 after large numbers of Chinese-made toys and other products proved to have dangerously unhealthy toxins.
Consequently, the bill was passed with 407 Ayes, 0 Nays in the House. Only later did the public find out that the bill did more to regulate, tax, and impose fines on neighborhood garage sales than it did to stop dangerous Chinese imports. Clearly, the bill is used to clamp down on an individual's right to sell their used items without governmental oversight. In other words, the corporate-government will not allow any form of black market to threaten their cartel control of consumerism.
The Food Safety Modernization Act has the backing of establishment liberals who think more big government regulation will protect us from food-borne diseases derived from factory farming. Their heart seems to be in the right place, but placing trust in this horribly corrupt government to "protect" us makes them utterly gullible. The vote of 74-25 in the Senate proves the bill was more broadly supported than just with progressives, indicating strong corporate support from the Big-Agri lobby that wrote the bill. According to Darrell Castle of the Constitution Party, the bill purports to:
- Preclude the public’s right to grow, own, trade, transport, share, feed and eat each and every food that nature makes.
- It will more than likely make Michael Taylor (former Monsanto executive) the Food Czar.
- End U.S. sovereignty over its own food supply by forcing compliance with WTO guidelines.
- Even direct sales of food between individuals could be defined as smuggling under the language of the bill.
- Codex Alimentarius, a global system of control over food and food supplements, would control all U.S. food and supplements. Access to natural food supplements would be removed under Codex rules.
- Control of all seeds would transfer to Monsanto and other global multinationals.
- The National Animal Identification System ( NAIS ) would be enacted, forcing bio-chipping and other identification and tracking methods for all animals, whether food or pets.
- What is left of the American food system would be transferred into total control of Multinational Corporations under the guise of global governance.
We should know by now that nearly all legislation is not written or read by our elected officials, but rather by heavy-handed corporate interests who seek nothing less than total domination over their industries. Yet, the public is still easily swayed.
The second piece of legislation that was flushed out of the Judiciary Committee last week with a 19-0 vote is the Combating Online Infringement and Counterfeits Act (COICA). This bill is pure tyranny against Internet freedom. In other words, they're not even using the guise of protecting the people to hammer this one home. This bill seeks to arbitrarily create an Internet "Blacklist" of domains, much like the arbitrary "Terror Watch List." The government is seeking the power to shut access to sites it flags . . . no judge, no evidence, no jury. The law will also apply to websites hosted outside the U.S. where the corporate-government will claim global control over information on the Internet. The government plans to enforce the blocking of these Blacklisted websites by using major Internet service providers (ISPs).
To demonstrate how draconian this bill is, Copyright Laws are already very clear where if a media corporation can demonstrate that a given website used their material against Fair Use rights, they can be sued individually for damages. This new law will bypass the current legal system of innocent until proven guilty with no warnings, presentation of evidence of wrong-doing, or determination of fault by a jury of peers. Although the legislation is said to be focused on sharing movies, music, and television shows; the copyright violations are defined very broadly and will surely extend to any usage of Associated Press or Reuters stories (or the like) and/or images.
This broad definition will essentially put all alternative news websites in violation despite their Fair Use rights. In fact, nearly every article or commentary about world events that is covered by independent news organizations that quote or link to mainstream media stories as a reference may be in violation (including this article you're reading). The COICA will effectively crush any opposition to the mainstream media's domination on the currently free and open world wide web. If properly debated and dissected there is no way this bill would be passed, hence the rushing to pass it under a quiet Congressional session.
Both of these bills will likely become laws given their overwhelming support in Congress. When enacted, the corporate-government tyranny will begin to work stealthily to regulate their competition out of the marketplace. By the time the vast majority of people realize this tyranny, it will be too late to complain as the independent voices will assuredly be Blacklisted from any debate.
RECENTLY by Eric Blair:
Eurozone Debt Crisis 2.0: Dollar Sucks Less than Euro, Again
Highly Enriched Uranium has a Spot Price on the Black Market?
Baby Boomers: Get Out of the Stock Market Now
Fresh food that lasts from eFoods Direct (Ad)
Live Superfoods
Print this page
Friday, November 19, 2010
End of Free Internet: US Senate Committee Approves Internet "Blacklist" Bill
Activist Post
It seems the lame duck Congressional session is becoming anything but unproductive. Yesterday, we saw the cloture of the Food Safety Modernization Act (S. 510), and today the Combating Online Infringement and Counterfeits Act was unanimously approved by the US Senate Judiciary Committee Thursday with a 19-0 vote. The COICA has been overwhelmingly viewed by bloggers as a corporate hijacking of the Internet by mega-media cartels. Indeed, its eventual passage will be the end of the free Internet as we now it.
The Associated Press reported on the COICA vote:
RELATED ARTICLE:
Age of Censorship and Internet Trade Wars
Fresh food that lasts from eFoods Direct (Ad)
Live Superfoods
It is time to Wake Up! You too, can join the "Global Political Awakening"!
Print this page
It seems the lame duck Congressional session is becoming anything but unproductive. Yesterday, we saw the cloture of the Food Safety Modernization Act (S. 510), and today the Combating Online Infringement and Counterfeits Act was unanimously approved by the US Senate Judiciary Committee Thursday with a 19-0 vote. The COICA has been overwhelmingly viewed by bloggers as a corporate hijacking of the Internet by mega-media cartels. Indeed, its eventual passage will be the end of the free Internet as we now it.
The Associated Press reported on the COICA vote:
The Combating Online Infringement and Counterfeits Act, which has the support of the entertainment industry but has been strongly criticized by digital rights and other groups, was approved by a vote of 19-0.
"Few things are more important to the future of the American economy and job creation than protecting our intellectual property," said Senator Patrick Leahy, a Democrat from Vermont who co-sponsored the bill.
"That is why the legislation is supported by both labor and industry, and Democrats and Republicans are standing together," Leahy said.
The bill gives the Justice Department an expedited process for cracking down on websites engaged in piracy or the sale of counterfeit goods including having courts issue shutdown orders against domains based outside the United States.
"Rogue websites are essentially digital stores selling illegal and sometimes dangerous products," Leahy said. "If they existed in the physical world, the store would be shuttered immediately and the proprietors would be arrested."
"We cannot excuse the behavior because it happens online and the owners operate overseas," he said. "The Internet needs to be free -- not lawless."
This legislation may be the most dangerous weapon against free speech in modern history. The infringing activity that may land a website on the "Blacklist" is defined very broadly. It appears that the blacklist can be enforced without a court order via ISPs. This is total information tyranny and all independent voices need to stand up and protest or surely we'll face the arbitrary blacklist. David Segal reported on the blacklist regulations:
COICA creates two blacklists of Internet domain names. Courts could add sites to the first list; the Attorney General would have control over the second. Internet service providers and others (everyone from Comcast to PayPal to Google AdSense) would be required to block any domains on the first list. They would also receive immunity (and presumably the good favor of the government) if they block domains on the second list.
The lists are for sites "dedicated to infringing activity," but that's defined very broadly -- any domain name where counterfeit goods or copyrighted material are "central to the activity of the Internet site" could be blocked.Segal has also established a petition against this hijacking of the free internet which can be signed here. However, given that this bill passed out of committee unanimously proves that our corporate-owned public officials will surely jam this legislation down our throats. It will likely change the Internet as we know it, essentially redirecting the flow of free information to media conglomerates. The bill is proposed as a piracy protection bill where according to AP:
The US Senate Judiciary Committee approved a bill on Thursday that would give US law enforcement more tools to crack down on websites abroad engaged in piracy of movies, television shows and music.Clearly this was funded by media cartels, but this has a lot more to do with Internet censorship as it does about copyright infringement. Further, this law gives the Department of Justice power to block access to websites located outside the United States. This self-appointed global power grab isexplained by activist Francis Anthony Govia:
The Justice Department will be granted power to serve court orders upon the registry where the domain name registrar is not located in the United States, and upon receipt of such an order, the domain registry must suspend operations of, and lock, the domain name of the infringing site.
During the action intended to “lock the domain name," a court may determine, at a minimum threshold, that an Internet site is not conducting business to residents in the United States if the Internet site “states that it is not intended, and has measures to prevent, infringing materials from being accessed in or delivered to the United States,” including other provisions in subsection (d)(2)(B). The owner or operator of the “infringing site” shall also have recourse to petition the Justice Department to remove his domain name from an offending list, or petition the court to modify, suspend, or vacate the order in accordance with subsection (h)(1)(B).This is very bad news for alternative voices and news aggregators. Although it may be futile, we encourage everyone to call the Senate switchboard and voice their strong objection to this legislation, or we and many other "truth" sites may be essentially finished. The U.S. Capitol Hill Switchboard number is (202) 224-3121.
RELATED ARTICLE:
Age of Censorship and Internet Trade Wars
Fresh food that lasts from eFoods Direct (Ad)
Live Superfoods
Print this page
Saturday, October 30, 2010
COICA kills free speech: Write to Sen. Leahy
Chris Pratt
COTO Report
Blacklisted domains and terminated websites are both possibilities if bill S.3804 becomes law. It is called “Combating Online Infringement and Counterfeits Act” (COICA) and it was introduced by Senator Patrick Leahy on September 20, 2010.
Hard to imagine that the same man who could say:
“I commend Secretary of State Clinton for reaffirming our nation’s deep commitment to openness and freedom of expression on the Internet. The Internet has become a vital tool to protect and ensure the rights and basic freedoms of Americans and the human rights of people everywhere.” Released by Leahy’s Office in January 2010
–or–
“Why did 9/11 happen on George Bush’s watch when he had clear warnings that it was going to happen?…. Had there been an independent congress, one that could ask questions, these questions would have been asked years ago. We’d be much better off…..” U.S. Senator Patrick Leahy — interview with Amy Goodman, 9/29/2006
is now proposing legislation that will allow the government to blacklist and close down websites engaged in “infringing activities.”
Although “infringing activities” are ill defined by this legislation, it appears that websites engaged primarily in copyright infringement are targets. Websites like mine and thousands of bloggers and documentarians who use the copyrighted material of others to develop their work could well be in Leahy’s cross hairs.
As a Citizen Journalist and a Citizen Filmmaker, I was so appalled by what I saw first under Republican rule and now under Democratic leadership that I produced a film, deceptions, with zero background and for less than $1,000. I then made this film available to the public on a website I created called DeceptionsUSA.com. Rady Ananda reviewed deceptions as a “brilliant clarion to save the Internet.”
Read Full Article
RELATED ARTICLE:
Age of Censorship and Internet Trade Wars
Fresh food that lasts from eFoods Direct (Ad)
Live Superfoods
It is time to Wake Up! You too, can join the "Global Political Awakening"!
Print this page
COTO Report
Blacklisted domains and terminated websites are both possibilities if bill S.3804 becomes law. It is called “Combating Online Infringement and Counterfeits Act” (COICA) and it was introduced by Senator Patrick Leahy on September 20, 2010.
Hard to imagine that the same man who could say:
“I commend Secretary of State Clinton for reaffirming our nation’s deep commitment to openness and freedom of expression on the Internet. The Internet has become a vital tool to protect and ensure the rights and basic freedoms of Americans and the human rights of people everywhere.” Released by Leahy’s Office in January 2010
–or–
“Why did 9/11 happen on George Bush’s watch when he had clear warnings that it was going to happen?…. Had there been an independent congress, one that could ask questions, these questions would have been asked years ago. We’d be much better off…..” U.S. Senator Patrick Leahy — interview with Amy Goodman, 9/29/2006
is now proposing legislation that will allow the government to blacklist and close down websites engaged in “infringing activities.”
Although “infringing activities” are ill defined by this legislation, it appears that websites engaged primarily in copyright infringement are targets. Websites like mine and thousands of bloggers and documentarians who use the copyrighted material of others to develop their work could well be in Leahy’s cross hairs.
As a Citizen Journalist and a Citizen Filmmaker, I was so appalled by what I saw first under Republican rule and now under Democratic leadership that I produced a film, deceptions, with zero background and for less than $1,000. I then made this film available to the public on a website I created called DeceptionsUSA.com. Rady Ananda reviewed deceptions as a “brilliant clarion to save the Internet.”
Read Full Article
RELATED ARTICLE:
Age of Censorship and Internet Trade Wars
Fresh food that lasts from eFoods Direct (Ad)
Live Superfoods
Print this page
Monday, October 11, 2010
Age of Censorship and Internet Trade Wars
Activist Post
New U.S. legislation will impact every user of the Internet. The “Combating Online Infringement and Counterfeits Act” would empower the U.S. Department of Justice to shut down, or block access to, websites found to be dedicated to infringing activities. The bill also contains provisions to block sites with domain names and Top-Level Domains (TLDs) that are maintained by overseas companies, which exist outside the U.S. legal jurisdiction and enforcement mechanism. The Justice Department would obtain court orders directing United States-based Internet Service Providers to stop resolving the IP addresses that allow customers in the United States to access the infringing websites. As a result, the sites will be inaccessible to U.S.-based Web users who do not use some sort of proxy service. The bill was read twice and referred to the Committee on the Judiciary last Monday; it is sponsored by Senators Hatch, Leahy, Klobuchar, Whitehouse, Schumer, Kohl, Specter, Durbin, Bayh, Voinovich, and Feinstein.
The legislation is expected to have strong support in Hollywood, labor unions and manufacturers, but in some circles -- namely grassroots political organizations, alternative press, and Internet start-ups -- the response has been lukewarm, and even questioning. They are concerned that the “other purposes” of the legislation include censorship and, if made law, will employ the Justice Department to police the Internet, eventually resulting in the disruption of the free flow of information and trade globally.
To some extent, their concerns are formed by experience. There have been examples of business censorship, and government legislation to curtail what is viewed on the Internet. Infowars reported recently that “London’s St. Pancras International, one of the biggest transport hubs in the West," implemented “stringent filters that block users of their Wi-Fi service from accessing even mildly political websites." Sites like prisonplanet.com and thinkprogress.org were not available to customers in some areas. There are plans in Australia to promulgate legislation to institute a “mandatory, countrywide filtering system," which supporters say is “designed to keep out child abuse content, but which blocks a much wider variety of content and topics." And recently when media reported about an Iranian website with cartoons denying the Holocaust, some viewers in the U.S. discovered that access to the site was blocked.
Granted, there is recognition in Washington that the Internet is the new frontier for global enterprise, but some perceive that Washington still views the world through the lens of a bygone era. A critic of the bill told me that many nations, including the United States, legislate for businesses founded in a brick-and-mortar world; and attempts to regulate the Internet would be like turning back the clock.
“Nations will act independently and this will be detrimental to customers that use the Internet near and far,” advised the critic.
A similar sentiment was echoed by former Italian Prime Minister, Romano Prodi, in a speech at the Foreign Ministry Faculty of International Relations in Tehran. Mr. Prodi suggested that Italy within Europe must play a greater role in matters of global importance, and that may entail Europe’s acting with greater independence of the United States. The message, though given on a different topic, is not one that instills confidence to those who see governments encroaching on their privacy, and would prefer unrestricted use, or less regulation, of the services for which they pay.
The U.S. legislation for infringement is written to tackle many concerns, and is certainly not archaic in regard to lawmakers’ ambition to affect what goes on well beyond the scope of U.S. jurisdiction.
For infringing sites outside the United States, it provides for in rem action in the District of Columbia to prevent the importation into the United States of goods and services directed to U.S. residents. The effect of this “importation” must be that the owner or operator of the infringing site must harm intellectual property rights holders that are residents of the United States.
The Justice Department will be granted power to serve court orders upon the registry where the domain name registrar is not located in the United States, and upon receipt of such an order, the domain registry must suspend operations of, and lock, the domain name of the infringing site.
During the action intended to “lock the domain name," a court may determine, at a minimum threshold, that an Internet site is not conducting business to residents in the United States if the Internet site “states that it is not intended, and has measures to prevent, infringing materials from being accessed in or delivered to the United States,” including other provisions in subsection (d)(2)(B). The owner or operator of the “infringing site” shall also have recourse to petition the Justice Department to remove his domain name from an offending list, or petition the court to modify, suspend, or vacate the order in accordance with subsection (h)(1)(B).
The bill has an immunity clause which protects any entity from a cause of action in U.S. courts or administration agency for any action reasonably calculated to comply with an action intended to prevent the infringing site from continuing to do business with U.S.-based customers, receive financial transactions, and other matters under subsection (e)(3).
The U.S. legislation does not appear to put the onus on any businesses, such as Internet Service Providers, to stop known infringement from occurring. This is an interesting stance. In February, an Australian ISP won a precedent-setting copyright infringement lawsuit (Down Under) against the Motion Picture Industry. The bill sponsors may be cognizant of this ruling.
Softpedia reported that 34 U.S. movie studios and broadcasters filed a lawsuit in Australia against iiNet after the ISP refused to send warning letters to its customers who illegally downloaded movies using BitTorrent. The Australian Justice, Dennis Cowdroy, ruled that while iiNet had knowledge of infringements occurring, and did not act to stop them, such findings do not necessitate a finding that the ISP authorized the infringing activities. Possibly, Hollywood supporters of the U.S. infringement legislation now agree with Cowdroy’s ruling that to ask ISPs to police the Internet would “open them any number of legal claims for anything that might happen over their pipes,” and that would engender strong opposition to the legislation among ISPs in the United States. However, to take on the responsibility of policing the Internet may not seem a burden to Obama’s Justice Department.
Certainly, Hollywood will welcome any new infringement legislation aimed at stemming the loss of royalties through piracy and copyright violation in the digital age. Infringers often meet efforts to protect intellectual property with resilient and thought-out action to thwart the law. As a law intern in Thailand I learned, for example, that illegal duplication facilities for CDs and DVDs existed in mobile transportation. Persons engaged in copyright violations avoided the ability of local enforcement to easily locate them and shut them down. It is a sure bet that those engaged in infringing activities overseas will find ways and new technology to evade laws promulgated by a foreign government (like the U.S.) that will have no jurisdiction over them.
The Obama Justice Department, which tapped Hollywood lawyers, may be charged to police Intellectual Property -- an assignment to which attorneys for President George W. Bush were “strongly opposed.” The Republican President threatened to veto a previous version of the bill sponsored by the same Sens. Patrick Leahy and Arlen Specter.
In correspondence to the Senators, attorneys for President Bush wrote that they "strongly opposed" expanding the powers of the Justice Department. Doing so, they said, could undermine the Department’s prosecution of criminal cases and transform it into an office "serving as pro bono lawyers for private copyright holders."
It is obvious during this era when citizens’ rights are curtailed and infringed upon, with the bipartisan sponsorship of the bill and the composition of the current administration, that the infringement legislation has a better chance of becoming law. But will it open a Pandora’s Box? Will it do exactly what critics suspect it is intended to do: censor more of the Internet, create bottlenecks that will allow governments to intrude on the flow of information and services around the world, and do possible damage to a wider spectrum of businesses (other than those it is intended to protect)?
Many of the dynamic economies that U.S. businesses now compete against were born out of things other than a free market; and other economies are driven, or manipulated by State controls, as is the case of China. Foreign nations may follow the U.S. lead in writing laws to regulate the Internet and address their concerns, but not with the results U.S. legislators necessarily hope to engender.
Through retaliation, or even pretext, governments may decide to regulate, or shut down legitimate Internet traffic and services to violate human rights, hinder trade, and to engage in industry espionage. We already have examples of these developments with China’s efforts to regulate Google, and the recent firestorm when India and other nations, acting within their security concerns, decided to take action to regulate Blackberry and gain access to users’ encrypted corporate e-mails and messages. The offices of Sen. Byron L Dorgan and Rep. Sander M. Levin of the Congressional-Executive Commission on China undertook a hearing in March to investigate if China’s efforts to regulate the Internet contravene free trade and human rights. Delegates to the hearing cited that:
Perhaps U.S. lawmakers have forgotten a cause it often champions: that respect for human rights, deregulation, and open trade are important to a dynamic and properly functioning global community. As ownership of patents, trademarks, and copyrights becomes a contested grey area, nations may block business occurring over the Internet through the guise of infringement. Only the rich and powerful will have the resources to go through the legal hurdles at home and/or abroad to clear their domains of actions to lock them, and resume operations. Damage would be done to a business during the course of a legal action brought against it; its customers may simply believe that the domain ceases to exist, with transactions lost forever.
Small businesses could be shut out of that presumptuous dream of going global and becoming rich, while the elite, big businesses and powerful governments can dominate cyberspace. Many micro-states and individuals could be harmed, and educational pursuits stifled through this world of more legislation, regulation, and censorship.
Why should we be concerned about this future for the Internet?
Well, because the Internet is now everyone’s classroom; and perhaps more-so it has become individuals’ business personality. A properly set up website for a Mom-and-Pop enterprise can look as good as that of a billion dollar company’s front-store. The ramifications of more regulation will result in the free and booming frontier of cyberspace, now functioning as the gold rush for enterprise, ceasing to exist.
The U.S. may find it useful to confer with trading partners in the North and the South, and come to an understanding that perhaps unilateral action is not the way to address concerns in regard to a frontier in which everyone has an interest. President George W. Bush may have gotten it right when his attorneys writing on his behalf to Sens. Leahy and Specter implied, when taken altogether, that U.S. law already provides owners of Intellectual Property with effective legal tools to protect their rights. It need not go in the direction proposed by the Senators.
No one wants Washington’s efforts to backfire and force us to return to a world where we have to resort domestically to find the goods and services that we need, such as cheap medicine. Or, to have to wait on someone in a dusty library to find a book or paper we once could have accessed readily over the Internet. Or, in some far corner of the world men will cower in fear of infringing before they cite links as sources of information. A Big Brother that will censor access to the latest celebrity sex videos, or certain religious texts or even Osama bin Laden’s latest rant (however misguided they may be). The result of this could be that owners of presumed “infringing sites” must raise ungodly sums of money to hire attorneys to clear their domain names, while good sites like WikiLeaks (which make governments accountable for their actions) are shut down or blocked here and abroad through a pretext; and Mom-and-Pop operating a start-up Internet business within the cornfields of America are locked out through action suggested by a smooth operator with deep pockets who knows how to play the system and use it against his competitor, blocking sites because somebody with power did not like the owner's point of view.
Francis Anthony Govia received a Bachelor’s degree in International Relations at Boston University where he studied U.S. National Security and Foreign Policy with teachers who inspired him, such as General Fred F. Woerner (Ret.), Ambassador Stephen R. Lyne (Ret.), and Joseph Fewsmith. He received a law degree at the University of Wisconsin-Madison, and is a contributor to Activist Post.
Other Articles by Francis Anthony Govia:
Nations That Lose The High Ground
Fresh food that lasts from eFoods Direct (Ad)
Live Superfoods
It is time to Wake Up! You too, can join the "Global Political Awakening"!
Print this page
New U.S. legislation will impact every user of the Internet. The “Combating Online Infringement and Counterfeits Act” would empower the U.S. Department of Justice to shut down, or block access to, websites found to be dedicated to infringing activities. The bill also contains provisions to block sites with domain names and Top-Level Domains (TLDs) that are maintained by overseas companies, which exist outside the U.S. legal jurisdiction and enforcement mechanism. The Justice Department would obtain court orders directing United States-based Internet Service Providers to stop resolving the IP addresses that allow customers in the United States to access the infringing websites. As a result, the sites will be inaccessible to U.S.-based Web users who do not use some sort of proxy service. The bill was read twice and referred to the Committee on the Judiciary last Monday; it is sponsored by Senators Hatch, Leahy, Klobuchar, Whitehouse, Schumer, Kohl, Specter, Durbin, Bayh, Voinovich, and Feinstein.
The legislation is expected to have strong support in Hollywood, labor unions and manufacturers, but in some circles -- namely grassroots political organizations, alternative press, and Internet start-ups -- the response has been lukewarm, and even questioning. They are concerned that the “other purposes” of the legislation include censorship and, if made law, will employ the Justice Department to police the Internet, eventually resulting in the disruption of the free flow of information and trade globally.
To some extent, their concerns are formed by experience. There have been examples of business censorship, and government legislation to curtail what is viewed on the Internet. Infowars reported recently that “London’s St. Pancras International, one of the biggest transport hubs in the West," implemented “stringent filters that block users of their Wi-Fi service from accessing even mildly political websites." Sites like prisonplanet.com and thinkprogress.org were not available to customers in some areas. There are plans in Australia to promulgate legislation to institute a “mandatory, countrywide filtering system," which supporters say is “designed to keep out child abuse content, but which blocks a much wider variety of content and topics." And recently when media reported about an Iranian website with cartoons denying the Holocaust, some viewers in the U.S. discovered that access to the site was blocked.
Granted, there is recognition in Washington that the Internet is the new frontier for global enterprise, but some perceive that Washington still views the world through the lens of a bygone era. A critic of the bill told me that many nations, including the United States, legislate for businesses founded in a brick-and-mortar world; and attempts to regulate the Internet would be like turning back the clock.
“Nations will act independently and this will be detrimental to customers that use the Internet near and far,” advised the critic.
A similar sentiment was echoed by former Italian Prime Minister, Romano Prodi, in a speech at the Foreign Ministry Faculty of International Relations in Tehran. Mr. Prodi suggested that Italy within Europe must play a greater role in matters of global importance, and that may entail Europe’s acting with greater independence of the United States. The message, though given on a different topic, is not one that instills confidence to those who see governments encroaching on their privacy, and would prefer unrestricted use, or less regulation, of the services for which they pay.
The U.S. legislation for infringement is written to tackle many concerns, and is certainly not archaic in regard to lawmakers’ ambition to affect what goes on well beyond the scope of U.S. jurisdiction.
For infringing sites outside the United States, it provides for in rem action in the District of Columbia to prevent the importation into the United States of goods and services directed to U.S. residents. The effect of this “importation” must be that the owner or operator of the infringing site must harm intellectual property rights holders that are residents of the United States.
The Justice Department will be granted power to serve court orders upon the registry where the domain name registrar is not located in the United States, and upon receipt of such an order, the domain registry must suspend operations of, and lock, the domain name of the infringing site.
During the action intended to “lock the domain name," a court may determine, at a minimum threshold, that an Internet site is not conducting business to residents in the United States if the Internet site “states that it is not intended, and has measures to prevent, infringing materials from being accessed in or delivered to the United States,” including other provisions in subsection (d)(2)(B). The owner or operator of the “infringing site” shall also have recourse to petition the Justice Department to remove his domain name from an offending list, or petition the court to modify, suspend, or vacate the order in accordance with subsection (h)(1)(B).
The bill has an immunity clause which protects any entity from a cause of action in U.S. courts or administration agency for any action reasonably calculated to comply with an action intended to prevent the infringing site from continuing to do business with U.S.-based customers, receive financial transactions, and other matters under subsection (e)(3).
The U.S. legislation does not appear to put the onus on any businesses, such as Internet Service Providers, to stop known infringement from occurring. This is an interesting stance. In February, an Australian ISP won a precedent-setting copyright infringement lawsuit (Down Under) against the Motion Picture Industry. The bill sponsors may be cognizant of this ruling.
Softpedia reported that 34 U.S. movie studios and broadcasters filed a lawsuit in Australia against iiNet after the ISP refused to send warning letters to its customers who illegally downloaded movies using BitTorrent. The Australian Justice, Dennis Cowdroy, ruled that while iiNet had knowledge of infringements occurring, and did not act to stop them, such findings do not necessitate a finding that the ISP authorized the infringing activities. Possibly, Hollywood supporters of the U.S. infringement legislation now agree with Cowdroy’s ruling that to ask ISPs to police the Internet would “open them any number of legal claims for anything that might happen over their pipes,” and that would engender strong opposition to the legislation among ISPs in the United States. However, to take on the responsibility of policing the Internet may not seem a burden to Obama’s Justice Department.
Certainly, Hollywood will welcome any new infringement legislation aimed at stemming the loss of royalties through piracy and copyright violation in the digital age. Infringers often meet efforts to protect intellectual property with resilient and thought-out action to thwart the law. As a law intern in Thailand I learned, for example, that illegal duplication facilities for CDs and DVDs existed in mobile transportation. Persons engaged in copyright violations avoided the ability of local enforcement to easily locate them and shut them down. It is a sure bet that those engaged in infringing activities overseas will find ways and new technology to evade laws promulgated by a foreign government (like the U.S.) that will have no jurisdiction over them.
The Obama Justice Department, which tapped Hollywood lawyers, may be charged to police Intellectual Property -- an assignment to which attorneys for President George W. Bush were “strongly opposed.” The Republican President threatened to veto a previous version of the bill sponsored by the same Sens. Patrick Leahy and Arlen Specter.
In correspondence to the Senators, attorneys for President Bush wrote that they "strongly opposed" expanding the powers of the Justice Department. Doing so, they said, could undermine the Department’s prosecution of criminal cases and transform it into an office "serving as pro bono lawyers for private copyright holders."
It is obvious during this era when citizens’ rights are curtailed and infringed upon, with the bipartisan sponsorship of the bill and the composition of the current administration, that the infringement legislation has a better chance of becoming law. But will it open a Pandora’s Box? Will it do exactly what critics suspect it is intended to do: censor more of the Internet, create bottlenecks that will allow governments to intrude on the flow of information and services around the world, and do possible damage to a wider spectrum of businesses (other than those it is intended to protect)?
Many of the dynamic economies that U.S. businesses now compete against were born out of things other than a free market; and other economies are driven, or manipulated by State controls, as is the case of China. Foreign nations may follow the U.S. lead in writing laws to regulate the Internet and address their concerns, but not with the results U.S. legislators necessarily hope to engender.
Through retaliation, or even pretext, governments may decide to regulate, or shut down legitimate Internet traffic and services to violate human rights, hinder trade, and to engage in industry espionage. We already have examples of these developments with China’s efforts to regulate Google, and the recent firestorm when India and other nations, acting within their security concerns, decided to take action to regulate Blackberry and gain access to users’ encrypted corporate e-mails and messages. The offices of Sen. Byron L Dorgan and Rep. Sander M. Levin of the Congressional-Executive Commission on China undertook a hearing in March to investigate if China’s efforts to regulate the Internet contravene free trade and human rights. Delegates to the hearing cited that:
China’s Internet users remain subject to the arbitrary dictates of state censorship. More than a dozen agencies are involved in implementing a host of laws, regulations, and other tools to try to keep information and ideas from the Chinese people . . .
China’s censorship practices and control of the Internet have had a terrible impact on human rights advocates. These include ordinary people who promote political freedoms or try to organize online . . . attempting to share information about ongoing government repression.
Internet censorship and regulation in China have serious economic implications for many U.S. companies . . . [and] often run against basic international trade principles of nondiscrimination and maintaining a level playing field.To these charges, China responded that it laws regarding the Internet are not much different than those of the West, and that critics are applying a double standard.
Perhaps U.S. lawmakers have forgotten a cause it often champions: that respect for human rights, deregulation, and open trade are important to a dynamic and properly functioning global community. As ownership of patents, trademarks, and copyrights becomes a contested grey area, nations may block business occurring over the Internet through the guise of infringement. Only the rich and powerful will have the resources to go through the legal hurdles at home and/or abroad to clear their domains of actions to lock them, and resume operations. Damage would be done to a business during the course of a legal action brought against it; its customers may simply believe that the domain ceases to exist, with transactions lost forever.
Small businesses could be shut out of that presumptuous dream of going global and becoming rich, while the elite, big businesses and powerful governments can dominate cyberspace. Many micro-states and individuals could be harmed, and educational pursuits stifled through this world of more legislation, regulation, and censorship.
Why should we be concerned about this future for the Internet?
Well, because the Internet is now everyone’s classroom; and perhaps more-so it has become individuals’ business personality. A properly set up website for a Mom-and-Pop enterprise can look as good as that of a billion dollar company’s front-store. The ramifications of more regulation will result in the free and booming frontier of cyberspace, now functioning as the gold rush for enterprise, ceasing to exist.
The U.S. may find it useful to confer with trading partners in the North and the South, and come to an understanding that perhaps unilateral action is not the way to address concerns in regard to a frontier in which everyone has an interest. President George W. Bush may have gotten it right when his attorneys writing on his behalf to Sens. Leahy and Specter implied, when taken altogether, that U.S. law already provides owners of Intellectual Property with effective legal tools to protect their rights. It need not go in the direction proposed by the Senators.
No one wants Washington’s efforts to backfire and force us to return to a world where we have to resort domestically to find the goods and services that we need, such as cheap medicine. Or, to have to wait on someone in a dusty library to find a book or paper we once could have accessed readily over the Internet. Or, in some far corner of the world men will cower in fear of infringing before they cite links as sources of information. A Big Brother that will censor access to the latest celebrity sex videos, or certain religious texts or even Osama bin Laden’s latest rant (however misguided they may be). The result of this could be that owners of presumed “infringing sites” must raise ungodly sums of money to hire attorneys to clear their domain names, while good sites like WikiLeaks (which make governments accountable for their actions) are shut down or blocked here and abroad through a pretext; and Mom-and-Pop operating a start-up Internet business within the cornfields of America are locked out through action suggested by a smooth operator with deep pockets who knows how to play the system and use it against his competitor, blocking sites because somebody with power did not like the owner's point of view.
Francis Anthony Govia received a Bachelor’s degree in International Relations at Boston University where he studied U.S. National Security and Foreign Policy with teachers who inspired him, such as General Fred F. Woerner (Ret.), Ambassador Stephen R. Lyne (Ret.), and Joseph Fewsmith. He received a law degree at the University of Wisconsin-Madison, and is a contributor to Activist Post.
Other Articles by Francis Anthony Govia:
Nations That Lose The High Ground
Fresh food that lasts from eFoods Direct (Ad)
Live Superfoods
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