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"As a disclaimer, I am not a lawyer, I'm a sysadmin." Joel Send a noteboard - 18/01/2012 12:47:16 PM
Thank goodness for objective analysis. :P
I hope Americans get busy reading up on this very soon and take the according steps like call their congressman that they won't stand for support of this.

Off the bat, that the AG and/or copyright holders would need a court order to get a site to remove links to other sites guilty of copyright infringement kinda blows up the whole "no judicial review" argument. I am not a lawyer either, but believe court orders must be issued by a court. ;)

If the Attorney General served reddit with an order to remove links to a domain, we would be required to scrub every post and comment on the site containing the domain and censor the links out, even if the specific link contained no infringing content. We would also need to implement a system to automatically censor the domain from any future posts or comments. This places a measurable burden upon the site's technical infrastructure. It also damages one of the most important tenets of reddit, and the internet as a whole – free and open discussion about whatever the fuck you want.

I am really not seeing the problem here, apart from the "measurable burden" (I would be curious to know what metric they use) that is probably about equal to the burden of making sure no one links to kiddie porn. Beyond that the critical issue is free and open discussion of ANYTHING. That is not even a good ideal, but it has never existed on the internet anyway, so the point is moot. Setting aside things like how fast I would be sitebanned for linking to porn, it has only been a few months since the US blew up a guy in his car for using the internet to teach people to make and plant bombs, as well as to recruit and indoctrinate terrorists. FBI agents routinely pose as minors online to entrap chatroom pedophiles. It is ALREADY not possible to discuss anything and everything online, and insisting it should be ignores both that reality and the compelling reasons for it; it is NOT a winning argument.

Why this doesn't actually stop piracy

This legislation is aimed at requiring private U.S. entities to enforce restrictions against foreign sites but does nothing against the infringement itself. All of the enforcement actions can and will be worked around by sites focused on copyright infringement. U.S. citizens will still be able to use foreign DNS servers, new advertising and payment networks will pop up overseas, and "infringing sites" will still be linked to by other foreign sites and search engines. In fact, tools used to circumvent these forms of internet restrictions are being funded by the U.S. State department to offer citizens under "repressive regimes" uncensored access to the internet. When the dust settles, piracy will still exist, and the internet in the U.S. will have entered the realm of federal regulation and censorship.

Yeah, see, that is kinda the problem, and why Congress is considering legislation to impose criminal penalties (i.e. prison terms) on people who flip civil laws the bird and casually circumvent existing internet barriers to piracy. As to "the internet in the US will have entered the realm of federal regulation and censorship"... wow, and people say I am uninformed on the issue. Again, the US has been regulating internet content in the US literally since the internet was created by the Defense Department four decades ago, so I do not see what is so earth shatteringly shocking about that. But, yes, the US government is going to regulate the internet; that inevitability is what these bills are about. NOTHING on Earth will prevent that regulation, because it is increasingly needed; the responsible and constructive approach for netizens is to get out in front of that legislation and assume the role in designing it to which they (rightly) feel entitled. That is pretty much what the various industry interests are doing, and demanding NO new legislation be passed is a naïve and unrealistic approach that merely cedes those interests sole control over what the inevitable new law will dictate.

Why this is ripe for abuse

The vague and technology-ignorant language in this pending legislation opens a huge number of doors for different interpretations. When you take this broad language and use it to grant powers to both the Attorney General and plaintiffs like the MPAA and RIAA, you create a system that is begging to be abused. Given the history of abuse of laws like the DMCA, it has become obvious that institutions like the RIAA can and will stretch laws to the breaking point, often while suffering no repercussions.

To prevent a repeat in history of the abuse of internet copyright law, any new legislation must be drafted with the following:

1. Airtight, technically sound definitions.
2. Heavy input from the technology sector. Complex technology legislation should not be drafted by someone who barely has a working knowledge of the internet.
3. Checks and balances ensuring that due-process can be invoked before, during, and after any action is taken.
4. Clear repercussions for entities utilizing the legislation in an abusive manner.

THAT is the kind of constructive feedback Obama requested, and anyone who wants that is better served by copying and pasting it into an email to the White House and their Representative and Senators than by all caps rants insisting NO legislation be enacted. Because guess which approach will be dismissed out of hand? ;)
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English Wikipedia Anti-SOPA Blackout - 17/01/2012 08:31:46 AM 2050 Views
Yeah, man, because currently copyright holders have no recourse, am I right? - 17/01/2012 11:47:35 AM 877 Views
"altering the infrastructure of the Internet so as to render RAFO virtually inaccessible"? - 17/01/2012 08:12:27 PM 988 Views
I'll go ahead and ask before I get my panties in a bunch: do you understand these bills? - 17/01/2012 09:09:22 PM 1066 Views
I admit I have not looked into it much - 17/01/2012 11:42:30 PM 934 Views
And yet you're still arguing the matter. - 18/01/2012 02:34:04 AM 1041 Views
I love you. *NM* - 18/01/2012 03:41:03 AM 605 Views
heh, thanks. I usually find myself pushing minority opinions. Nice to be "appreciated" for once. *NM* - 18/01/2012 04:01:10 AM 586 Views
Can i second the adulation? - 18/01/2012 04:07:17 AM 772 Views
I too (three?) appreciate the common sense and reasonable explanations. *NM* - 18/01/2012 04:12:59 AM 595 Views
Thanks guys. - 18/01/2012 04:39:00 AM 929 Views
Right, because the argument is not just over THIS bill but, apparently, over ANY bill. - 18/01/2012 11:09:13 AM 933 Views
Alternatives to SOPA/PIPA have been proposed for months now. Please stop arguing this. - 18/01/2012 05:42:10 PM 891 Views
That is really all I ask. - 18/01/2012 06:26:37 PM 927 Views
"sensitive federal content"? Provide a source justifying this claim and it's relevance, please. - 18/01/2012 05:59:47 PM 946 Views
I would not have thought a source necessary. - 18/01/2012 06:24:44 PM 950 Views
Okay, I'm with Aemon now. - 18/01/2012 07:36:21 PM 966 Views
OK. - 18/01/2012 10:16:16 PM 987 Views
Surreal. It's like you're a spam-bot or something. *NM* - 19/01/2012 01:23:35 AM 721 Views
That was constructive. - 19/01/2012 03:29:53 PM 863 Views
Very nicely summarised. *NM* - 18/01/2012 02:06:02 AM 526 Views
should be interesting - 17/01/2012 12:41:47 PM 812 Views
Could be; depends on a lot of factors. - 17/01/2012 07:38:55 PM 874 Views
See, that's one of the biggest problems that people aren't understanding. - 17/01/2012 09:31:38 PM 890 Views
So tell them that. - 17/01/2012 11:54:19 PM 1029 Views
Could've done without the snide rejoinder, but, good. - 17/01/2012 02:20:08 PM 815 Views
I love the black banner, like some kind of internet Holocaust. - 17/01/2012 08:03:27 PM 954 Views
Are you aware that SOPA/PIPA has nothing to do with hackers and everything to do with copyright? - 18/01/2012 02:08:56 AM 796 Views
There seems to be some overlap. - 18/01/2012 01:08:22 PM 917 Views
Re: There seems to be some overlap. - 18/01/2012 08:13:15 PM 791 Views
Er, what Ghav said. - 18/01/2012 02:30:37 AM 818 Views
Sorry, protecting Pirate Bay and offshore gambling are not compelling counterarguments. - 18/01/2012 11:38:08 AM 866 Views
Okay, another analogy: - 18/01/2012 02:04:12 PM 843 Views
A technical examination of SOPA and PROTECT IP - 18/01/2012 08:32:44 AM 823 Views
"As a disclaimer, I am not a lawyer, I'm a sysadmin." - 18/01/2012 12:47:16 PM 1084 Views
wow, you are totally correct! - 18/01/2012 03:45:54 PM 856 Views
That is a separate issue. - 18/01/2012 04:01:24 PM 855 Views
Thank you for posting that. - 18/01/2012 03:09:07 PM 878 Views
Wikipedia has already convinced me - 18/01/2012 03:26:01 PM 703 Views
Trying to stop this legislation without proposing an alternative is trying to stop ANY legislation. - 18/01/2012 03:44:18 PM 930 Views
It isn't their job to propose legislation - 18/01/2012 04:12:53 PM 850 Views
No, but they have as much RIGHT to do so as anyone else. - 18/01/2012 05:31:55 PM 828 Views
Strike three. - 18/01/2012 05:37:55 PM 877 Views
That is fine; that is what people SHOULD be doing. - 18/01/2012 06:03:59 PM 702 Views
Things being better now than they would be under SOPA seems like a legitimate argument to me - 18/01/2012 09:04:18 PM 965 Views
Against SOPA, sure; against ANY new law, no. - 18/01/2012 10:46:48 PM 808 Views
Re: Against SOPA, sure; against ANY new law, no. - 19/01/2012 12:15:48 AM 885 Views
That is a poor approach to drafting legislation, at best. - 19/01/2012 04:37:22 PM 929 Views
About "proposing new legislation" - 18/01/2012 04:45:08 PM 963 Views
So true - 18/01/2012 05:08:45 PM 896 Views
Not to go off on a tangent about combatting piracy... - 18/01/2012 05:38:12 PM 803 Views
Entirely agree *NM* - 18/01/2012 06:13:13 PM 578 Views
That was an excellent post. *NM* - 19/01/2012 11:18:19 PM 558 Views
Re: About "proposing new legislation" - 18/01/2012 05:59:55 PM 1039 Views
For those who want a short, one page explanation... - 18/01/2012 05:41:49 PM 822 Views
Yeah, so I use Russian wikipedia for a day. Or German wikipedia, or French, or Italian... *NM* - 18/01/2012 06:23:36 PM 644 Views
We get it: You are a polyglot. - 18/01/2012 06:27:48 PM 831 Views
Or just hit stop right before the script runs. *NM* - 18/01/2012 06:52:40 PM 613 Views
Or just disable Java. *NM* - 19/01/2012 01:58:03 AM 492 Views
That's not as much fun though. *NM* - 19/01/2012 02:13:44 AM 609 Views
Exactly, this way its kind of a game. *NM* - 19/01/2012 02:20:37 AM 432 Views
Or Answers.com, or even the actual sources that are often copy/pasted into Wikipedia... - 19/01/2012 01:07:38 AM 951 Views
They all did it on twitter - 19/01/2012 01:26:19 AM 884 Views
I was asleep much of the day - 19/01/2012 02:40:11 AM 949 Views
Oh, no; now Congress will be inundated with complaints from lazy college students! - 19/01/2012 04:40:12 PM 977 Views
13 previously unopposed senators now do not support SOPA. - 19/01/2012 11:36:15 PM 930 Views
How does that "rebutt" what was a facetious post in the first place? - 20/01/2012 09:24:27 PM 1035 Views
a joke can, indeed, be rebutted... - 21/01/2012 09:07:32 PM 915 Views
Oh, draggie, I ALWAYS see what you do there. - 21/01/2012 10:01:58 PM 874 Views

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