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Franken, Klobuchar Vote For Misguided Censorship Bill
Despite the First Amendment issues raised...
by Karl Bode Thursday 18-Nov-2010 tags: legal · Fileswapping · business · legislation · Politics · content · consumers
Tipped by Killa200 See Profile
The entertainment industry this week is again trying to pass their controversial COICA website censorship bill during a lame duck session of Congress. The bill would create a website blacklist and give the (entertainment industry lawyer stocked) Department of Justice the ability to censor or shut down certain websites deemed "dedicated to infringing activities" without Judicial review. It has been criticized by legal scholars and consumer advocates alike for clear violations of the First Amendment.

Despite a myriad of problems with the bill, the Senate Judiciary Committee this week unanimously voted to push the bill forward. Mike Masnick at Techdirt has posted a list of the Senators who voted for this bill, and many of them have been very vocal about censorship in other countries. Notes Masnick:

We already have laws in place to deal with infringing content, so don't buy the excuse that this law is about stopping infringement. This law takes down entire websites based on the government's say-so. First Amendment protections make clear that if you are going to stop any specific speech, it has to be extremely specific speech. This law has no such restrictions. It's really quite unfortunate that these 19 US Senators are the first American politicians to publicly vote in favor of censoring speech in America.

It's interesting to note that the bill includes politicians like Al Franken (who opposes the Comcast merger but somehow thinks this is a good idea) and Amy Klobuchar (who has been pro-consumer on wireless billing issues but somehow thinks this bill is a good idea).

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N3OGH
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This is why former comedians don't belong in the Senate

Al Franken should be plying his trade in front of a brick wall with a microphone in NYC, and not in the Senate.

TOTAL FACEPALM.....
--
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morbo
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Re: This is why former comedians don't belong in the Senate

Franken is usually pro-consumer, but he got lost on this issue.

S_engineer
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Re: This is why former comedians don't belong in the Senate

Stuart Smally lost, surely you gest! Maybe we could get Billy Ray Cyrus, Flava Flav, and Rob Schneider in congress to complete this circus
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said by morbo:

Franken is usually pro-consumer, but he got lost on this issue.

I agree, and I really liked how he made the healthcare lady look like an idiot a while back. "I don't have the answer but I can get back to you if you like." His response: "The answer is zero!"

After doing that 2x to her everyone started laughing in the background.

My back end thought was "lady you should just shut your mouth because it isn't getting any better no matter how many times you try to respond."
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footballdude
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Franken was a script writer. Not surprising he'd side with Hollywood, on this or any other matter.

BBBanditRuR
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What are the other eighteen's excuses then?

BF69
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said by N3OGH:

Al Franken should be plying his trade in front of a brick wall with a microphone in NYC, and not in the Senate.

TOTAL FACEPALM.....
So what the excuse for the other 18 idiots then Einstien?

N3OGH
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Re: This is why former comedians don't belong in the Senate

And when did I portray myself as an "Einstein"? I'm just another asshole on the Internet with an opinion. Never said I was anything more, anything less.

But you sure did a good job of making yourself look like a douche nozzle.

Have a nice day, Mr. Nozzle.....
--
Petty people are disproportionally corrupted by petty power

pnh102
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Al Franken was funny?

N3OGH
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Re: This is why former comedians don't belong in the Senate

Congratulations, sir. You just made me sick to my stomach.

And just how does a man who portrayed himself in such a fashion, in jest or otherwise, become a member of the upper house of the Representative branch of our Federal government?

Again, FACEPALM...

As a history buff, I have to say it's pretty GD interesting to be living through modern day version of the fall of the Roman Empire.

Glad I'm armed to the teeth, as a condition of my employment.
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BabyBear
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Re: This is why former comedians don't belong in the Senate

FYI: It's photoshopped.

pnh102
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Re: This is why former comedians don't belong in the Senate

said by BabyBear:

FYI: It's photoshopped.

Quick let's censor it!
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said by N3OGH:

And just how does a man who portrayed himself in such a fashion, in jest or otherwise, become a member of the upper house of the Representative branch of our Federal government?

There's precedent.

Big Dawg 23

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I reside in the state with these two monkeys. I can not wait for them to go. Franken never should have gotten in. Magically he pulled ballots out of his arss.

jmn1207
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#%@&!!

I hate F#@&*! censorship.

Linklist
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Re: #%@&!!

said by jmn1207:

I hate F#@&*! censorship.
An opposing viewpoint:

»lawandpoliticsofbroadband.com/2010/11/423/
PDXPLT

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said by jmn1207:

I hate F#@&*! censorship.
Yea right. Shutting down a website that a court has determined exists for the purpose of breaking the law is censorship.

EUS
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Re: #%@&!!

Guess you missed this: "...without Judicial review."

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1 edit

Re: #%@&!!

said by EUS:

Guess you missed this: "...without Judicial review."
That isn't in the law. It is an OPINION on how some think the law will be abused.

EUS
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Re: #%@&!!

I believe the originating opinion comes from here: »www.eff.org/deeplinks/2010/09/ce···e-online

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3 edits

Re: #%@&!!

said by EUS:

I believe the originating opinion comes from here: »www.eff.org/deeplinks/2010/09/ce···e-online
The actual law says that the domain registrar has to be issued a court order to shut down a domain:
»www.govtrack.us/congress/billtex···111-3804
See section 2324, subsection e
e) Service of Court Order-

‘(1) DOMESTIC DOMAINS- In an in rem action to which subsection (d)(1) applies, the Attorney General shall serve any court order issued pursuant to this section on the domain name registrar or, if the domain name registrar is not located within the United States, upon the registry. Upon receipt of such order, the domain name registrar or domain name registry shall suspend operation of, and lock, the domain name.
PDXPLT

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said by EUS:

Guess you missed this: "...without Judicial review."
I didn't miss it. It's a lie. An injunction issued by a court is required to enforce this (go read the bill for yourself).

Courts have judges, and thus the "judicial" part. They review things; thus the "review" part.

jmn1207
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I suppose the irony in my comment was missed due to the lack of an emoticon?

KrK
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What Court? Sounds like some RIAA stooge making his quota numbers can just add your site to the blacklist.
Kearnstd
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its crap like this that lets the government get its foot in the door though. First its protecting the owners of our government(the corporations) next it will be preventing people say congress sucks..

Fighting file sharing should be a civil issue, it is bad enough they abuse our court system by flooding it with lawsuits for people not even in the same district as they are. the MAFIAA does not deserve a Censor Button for the internet.
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4 edits

The Summary of what the bill says

»www.govtrack.us/congress/bill.xp···=summary
Combating Online Infringement and Counterfeits Act - Amends the federal criminal code to authorize the Attorney General (AG) to commence an action for injunctive relief against a domain name used by an Internet site that is "dedicated to infringing activities," even where such a domain name is not located in the United States. Defines an Internet site that "dedicated to infringing activities" as a site that is: (1) subject to civil forfeiture; (2) designed primarily to offer goods or services in violation of federal copyright law; or (3) selling counterfeit goods. Requires the AG to maintain a public listing of domain names that the Department of Justice (DOJ) determines are dedicated to infringing activities but for which the AG has not filed an action. Allows parties to petition the AG to remove such a domain name from the list and obtain judicial review of the final determination in a civil action.
The full bill can be read here:
»www.govtrack.us/congress/billtex···111-3804

And what is copyright infringement?:
»www.law.cornell.edu/uscode/17/us···00-.html

Since the vote was unanimous, all 19 members of the committee listed here voted for it:
»www.govtrack.us/congress/committ···?id=SSJU

Groups supporting bill:
Property Rights Alliance
Motion Picture Association of America
Coalition Against Domain Name Abuse
US Chamber of Commerce
Screen Actors Guild
Viacom
International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States

Groups opposing legislation:
Center for Democracy & Technology
Electronic Frontier Foundation
Distributed Computing Industry Association

Where the lobbying money came from to the US Senators, shows both for & against:
For bill: $5,348,392 Against bill: $167,750
»maplight.org/us-congress/bill/11···ibutions
gorehound

join:2009-06-19
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Re: The Summary of what the bill says

I am an artist and I do not support censorship.This bill is bullshit and I intend to do something about it.

1.boycott mafiaa
2.buy only used products
3.never buy theater tickets
4.never support any artists or labels involved with mafiaa
5.already wrote to my senators
6.not voting democrat or republican again

maybe bills like these will get us all moving in the right direction.away from a 2 party bs system many of us hate

Linklist
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Re: The Summary of what the bill says

said by gorehound:

I am an artist and I do not support censorship.
Seems some of your fellow artists don't agree:

Supporters of bill:

Screen Actors Guild

International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States
Skippy25

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Re: The Summary of what the bill says

His statement was without question not all inclusive to every artist and thus did not need your 2 cents.

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2 edits
A more extensive list of this bill's supporters:
»www.slyck.com/forums/viewtopic.php?t=52810
1-800-PetMeds
Activision
Acushnet Golf
Association of American Publishers
Cable and Satellite Broadcasting Association of Asia (CASBAA)
Chanel
Church Music Publishers' Association
Copyright Alliance
Disney
EMI
Entertainment Software Association
Fashion Business Inc.
Fortune Brands
Guru Denim, Inc.
Imaging Supplies Coalition
Johnson and Johnson
LVMH Moet Hennessy Louis Vuitton
Major League Baseball
Merck
Motion Picture Association of America
NagraStar
Nagravision
National Music Publisher's Association
NBC Universal
Nervous Tattoo Inc., dba Ed Hardy
Newscorp
Nike
Oakley
OpSec Security
Premier League
Recording Industry Association of America
Sony Music Entertainment
Sports Rights Owners Coalition
STOP Streaming Group
Tiffany and Co.
Time Warner
True Religion Apparel, Inc.
Ultimate Fighting Championship
Underwriters Laboratory
Universal Music Group
U.S. Chamber of Commerce
Viacom
Warner Music Group
Xerox

BF69
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Re: The Summary of what the bill says

said by Linklist:

A more extensive list of this bill's supporters:
»www.slyck.com/forums/viewtopic.php?t=52810
1-800-PetMeds
Activision
Acushnet Golf
Association of American Publishers
Cable and Satellite Broadcasting Association of Asia (CASBAA)
Chanel
Church Music Publishers' Association
Copyright Alliance
Disney
EMI
Entertainment Software Association
Fashion Business Inc.
Fortune Brands
Guru Denim, Inc.
Imaging Supplies Coalition
Johnson and Johnson
LVMH Moet Hennessy Louis Vuitton
Major League Baseball
Merck
Motion Picture Association of America
NagraStar
Nagravision
National Music Publisher's Association
NBC Universal
Nervous Tattoo Inc., dba Ed Hardy
Newscorp
Nike
Oakley
OpSec Security
Premier League
Recording Industry Association of America
Sony Music Entertainment
Sports Rights Owners Coalition
STOP Streaming Group
Tiffany and Co.
Time Warner
True Religion Apparel, Inc.
Ultimate Fighting Championship
Underwriters Laboratory
Universal Music Group
U.S. Chamber of Commerce
Viacom
Warner Music Group
Xerox
What's ironic is that if the governemnt tried to ban certain music, video games, movies or books many of this group would oppose such laws on freedom of speech.

Kylemaul
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Re: The Summary of what the bill says

said by BF69:

What's ironic is that if the government tried to ban certain music, video games, movies or books many of this group would oppose such laws on freedom of speech.

Hmmm.
A) This is the government trying to ban something.
B) 'many of this group' part is negated by their participation. As far as I'm concerned, they just turned in their own (and those they represent's) 'freedom of speech' cards.
Desdinova
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"1-800-PetMeds
Activision
Acushnet Golf
Association of American Publishers
Cable and Satellite Broadcasting Association of Asia (CASBAA)
Chanel..."

And eugenics was supported by the American Medical association, Theodore Roosevelt, the National Academy of Sciences, and the National Research Council. The Supreme Court upheld the rights of states to involuntarily sterilize "undesirables" and by 1963, over 60,000 people had been sterilized, many for no other reason than homosexuality, feeble-mindedness or just social undesireablity.

"Eugenic breeders believed American society was not ready to implement an organized lethal solution. But many mental institutions and doctors practiced improvised medical lethality and passive euthanasia on their own. One institution in Lincoln, Illinois fed its incoming patients milk from tubercular cows believing a eugenically strong individual would be immune. Thirty to forty percent annual death rates resulted at Lincoln. Some doctors practiced passive eugenicide one newborn infant at a time. Others doctors at mental institutions engaged in lethal neglect.

Nonetheless, with eugenicide marginalized, the main solution for eugenicists was the rapid expansion of forced segregation and sterilization, as well as more marriage restrictions. California led the nation, performing nearly all sterilization procedures with little or no due process. In its first twenty-five years of eugenic legislation, California sterilized 9,782 individuals, mostly women. Many were classified as "bad girls," diagnosed as "passionate," "oversexed" or "sexually wayward." At Sonoma, some women were sterilized because of what was deemed an abnormally large clitoris or labia."

--quoted from »hnn.us/articles/1796.html

So just because a group of people attached to a cause support and like that cause, doesn't exclude the cause from being horrifically wrong and shortsighted.

KrK
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When money is involved ethics and principles go right out the window. I find it ironic that many of Hollywood support such a measure out of greed. Seems it really is true, those who do not study the past are doomed to repeat it.
--
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PDXPLT

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1 edit
quote:
The bill would create a website blacklist and give the (entertainment industry lawyer stocked) Department of Justice the ability to censor or shut down certain websites deemed "dedicated to infringing activities" without Judicial review.
That's not true, if the contents of the bill are accurately described above:
quote:
Amends the federal criminal code to authorize the Attorney General (AG) to commence an action for injunctive relief ...
'Injunctive relief' must be granted by a court. So much for the 'no judicial review' falsehood.

It's no surprise to me that Franken would support this. He used to be an entertainer. He got paid for the copyrightable content he would create.

I had an entertainment industry insider recently sum up the industry to me in a few short sentences: first you have a bunch of creative types, that create stuff in order to be paid for doing so. That's one sde of the industry. They then hire the other side: an army of barracuda lawyers whose job is to negotiate deals, wring out every possible penny of revenue that can be obtained for that creative content, and to protect the value of said content as much as possible. Yea they have front groups like the RIAA/MPAA that take the public heat for being the 'evil empire', but make no mistake the objective for all involved is to make as much money from as many sources as possible. How else to pay for all that bling.

Yea it doesn't sit well with the internet population that thinks this should all be free, but what else is new.

EDIT: WIRED has a much more accurate and better-written article: »www.wired.com/threatlevel/2010/1···liceman/
Kearnstd
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SAG supporting a bill like this, now there is a shocker. their premier members just could not live with only one bentley this year.
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Lone Wolf
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Might As Well

have elected Jerry Lewis instead of Franken. Lewis is so much funnier and smarter. Franken is a total idiot who has lost touch with the common people.

»www.youtube.com/watch?v=2FYc94rI···=related

BF69
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Re: Might As Well

Before you blame just Democrats the following Senators that voted for this are REPUBLICAN. You know the party of LESS government intrusion?

•Jeff Sessions -- Alabama
•Orrin G. Hatch -- Utah
•Chuck Grassley -- Iowa
•Jon Kyl -- Arizona
•Lindsey Graham -- South Carolina
•John Cornyn -- Texas
•Tom Coburn -- Oklahoma

and of course Arlen Specter was a Republican for DECADES until he decided being a Democrat was an easier path to getting elected.

N3OGH
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Re: Might As Well

Arlen Specter is a self concerned piece of shit. Always was, always will be.

Some time in the near future people will move beyond this "Republican Vs. Democrat" bullshit and realize all of them are a bunch of snakes.

It should be the people (of all political stripes) Vs. the politicians.

As long as we continue to fight party line vs. party line, they've got us......
--
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LegoPower77
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said by BF69:

and of course Arlen Specter was a Republican for DECADES until he decided being a Democrat was an easier path to getting elected.

Not that it hurts your point, but specter started out his career as a democrat.
--
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Lone Wolf
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said by BF69:

Before you blame just Democrats

I didn't blame just DemoRats!

I said "Might As Well have elected Jerry Lewis instead of Franken. Lewis is so much funnier and smarter. Franken is a total idiot who has lost touch with the common people."

Reading comprehension.
grazed

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No way

I don't think there's a chance in hell this would get passed as law. There's just no way, Especially during the current presidency term. If it gets vetoed (if it even gets that far), I don't think 2/3 of the house/senate will vote for it. I would be shocked.

BF69
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Re: No way

said by grazed:

I don't think there's a chance in hell this would get passed as law. There's just no way, Especially during the current presidency term. If it gets vetoed (if it even gets that far), I don't think 2/3 of the house/senate will vote for it. I would be shocked.
Did you not see the list of the groups that are for this. How does DC say no to all that money? It will be interesting to see how many teabaggers vote yes on this because they should all be voting no.

elwoodblues
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Re: No way

said by BF69:

said by grazed:

I don't think there's a chance in hell this would get passed as law. There's just no way, Especially during the current presidency term. If it gets vetoed (if it even gets that far), I don't think 2/3 of the house/senate will vote for it. I would be shocked.
Did you not see the list of the groups that are for this. How does DC say no to all that money? It will be interesting to see how many teabaggers vote yes on this because they should all be voting no.
DING DING DING, give the man a cigar, they can't afford to give up all those "campaign contributions" .
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WhatNow
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Re: No way

These days if you play the game the crowd with money will run somebody that has no problem taking their money or spending their own millions.

newview
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My email to Senator Benjamin L. Cardin of Maryland

quote:
I just wanted to express how ashamed I am to be a Democrat and a resident from the State of Maryland to see that a Senator from our Great State would vote for S. 3804: Online Infringement and Counterfeits Act, a bill that effectively condones censorship and violations of the First Amendment.

This bill would create a website blacklist and give the entertainment industry disguised as the Department of Justice the ability to censor or shut down certain websites deemed "dedicated to infringing activities" without Judicial review. It has been criticized by legal scholars and consumer advocates alike for clear violations of the First Amendment.

This bill should have been recognized for what it is, a blatant attempt to censor the Internet, and stopped in it's tracks by the Senate Judiciary Committee, but was instead given it's blessing . . . by the same senators who profess to abhor internet censorship in other countries.

I see that I made a mistake back in 2006, but I will not make the same mistake in 2012. I would rather vote Republican than vote for someone who is so easily duped by proponents of Censorship.

See 6 replies to this post

elwoodblues
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Low Hanging Fruit

The problem with this law is that it would shut down sites like NZBMatrix, or ISOHUNT. This site simply does what Google does, provide an index of what is available on Usenet. I'm not here to condem praise these sites but use them as an example.

I can understand that many organizations don't want links to their copyrighted products, so why not shut down Google and Bing and Yahoo, they provide the exact same links. Oh wait, that would be too expensive, cheaper to go after the low hanging fruit.
--
Jake: "Four fried chickens, and a coke" Elwood: "And some dry white toast, please"
TehZomB

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Re: Low Hanging Fruit

Let's just start using Google. Take screenshots as proof that google can be used in copyright infringement, send them anonymously to your lawmakers as proof that this law is BS.

hhawkman
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Judicial Oversight

Just like the MAFIAA used to get to sue people with little or no evidence other than circumstatial. All they needed was a "Rubber Stamp" judge, to issue the court orders. That's not Judicial Oversight. That's a mockery of the justice system and the constitution.
PDXPLT

join:2003-12-04
Banks, OR

Re: Judicial Oversight

No it's not the same thing. You don't need judicial approval to file a lawsuit - you just go ahead and file papers. This is something entirely different - the DoJ needs to convince a federal judge that that there's compelling evidence that a website is set up for the primary purpose of ripping off professional artists and other owners of intelletual property.

Don't let yourself be misled and lied to by erroneous and sloppy "journalism".

hhawkman
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Port Hueneme, CA

Re: Judicial Oversight

I was talking about the court orders to the ISP for discovery of our information. They would get those court orders on the most circumstatial of evidence. You are right about the actual lawsuit though, I miscommunicated my thought.
chronoss2009
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Ya know WHAT

take the domain name, just use the ip address ROFL
what a waste a cash

Darknet Any1

@verizon.net

No teeth?

This would be the 'hose AnyDVD' law, then. How does it prevent a direct connection by IP address? So is it more a 'make it harder' law i.e. relatively toothless?

TamaraB
Question The Current Paradigm
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Whack-A-Mole Legislation

The bottom line is this is stupid legislation simply because it won't work.

Firstly, The US does not have International jurisdiction over all DNS. Secondly, a simple workaround, like the distribution of a "blacklisted hosts file" nullifies the effect of the law.

This will only create another useless and expensive government bureaucracy.

I don't see this as bad however. The more corporate interests attempt to censor the Internet, the more technical solutions will be developed to counter the censorship, making the Internet more immune to censorship itself.

I am finding this childish battle between control and freedom rather amusing. In the end, freedom and openness will win, as the genie is already out of the bottle and any attempt to stuff it back in will fail.
--
Would you ever go over to Czechoslovakia, and marry me daughter for me?"

Flibbetigibb

@lmco.com

Well, of course they voted for it.

They're fully-funded members of the MPAA's de facto political party. What did you expect?

kingdome74
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Does anybody really...

... believe that censorship won't be the norm instead of the exception in the very near future? Then I have a bridge to sell you. It's particularly galling that something like this is trying to be back-doored during a lame-duck session.
--
Fascists like free speech as long as it's approved free speech. Et tu, Brute?
old_wiz_60

join:2005-06-03
Bedford, MA
Reviews:
·Verizon FiOS

It is amazing..

to see that the Department of Justice is becoming just a tool for the entertainment industry. Never mind such things as drug smugglers, terrorists, kidnappers, murders, or anything else; we have to save the entertainment industry model! Our government has become a plutocracy, with the politicians and agencies simply being paid under the table to do what the plutocrats want.

ArkhmAsylm
Evrythng I need isn't really what I want

join:2006-02-22
Saint Paul, MN

Franken & Klobuchar

I, for one, will be writing my senators (Al & Amy) to ask...WTF??
--
*Tap, Tap, Tap* Is this thing on?
Desim

join:2001-11-03
Portland, OR

oregon senator

»www.pcworld.com/businesscenter/a···ill.html

Senator Ron Wyden said he will block this bill. I hope he sticks to his guns and don't sellout.

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