Slashdot Mirror


Senate Panel Approves Website Shut-Down Bill

itwbennett writes "The Senate Judiciary Committee has voted 19-0 in favor of a bill that would allow the Department of Justice to seek court orders to shut down websites offering materials believed to infringe copyright. 'Rogue websites are essentially digital stores selling illegal and sometimes dangerous products,' Senator Patrick Leahy, the main sponsor of the bill, said in a statement. '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. The Internet needs to be free — not lawless.' However, the internet will likely remain 'lawless' for a while longer, as there are only a few working days left in the congressional session and the bill is unlikely to pass through the House of Representatives in that short amount of time."

390 comments

  1. 19-0? by mistiry · · Score: 5, Insightful

    The majority of the population does NOT want to see this pass, yet it made it through the Senate with NO opposition?

    I thought the government was for the people by the people. What a fucking joke.

    1. Re:19-0? by Fluffeh · · Score: 4, Insightful

      I thought the government was for the people by the people. What a fucking joke.

      Don't be silly. Where there is "big money" there is a way.

      --
      Moved to http://soylentnews.org/. You are invited to join us too!
    2. Re:19-0? by RapmasterT · · Score: 1

      the majority of the population doesn't want court orders to be required before websites are shutdown?

    3. Re:19-0? by mlts · · Score: 1

      It made it through a committee.

      Now, will it get scheduled to be heard on the House Floor? Probably not. Will it get voted on? Likely not.

      Will it fly through the House? There is a lot of bad blood, and the guys who wrote the bill have (D) tags, and the House has flipped control -- it will be a hard sell there.

      I wouldn't be 100% sure that it wouldn't pass, but I'm confident it will end up like the Son-of-DMCA act, INDUCE act, or the the many other bills that wind up on the committee table, and don't make it past that.

    4. Re:19-0? by mistiry · · Score: 4, Insightful

      No, the majority do not want to give the government the power to censor or restrict our freedoms without due process of law.

    5. Re:19-0? by mistiry · · Score: 4, Informative

      To further clarify that...

      Getting a court order is not due process.

    6. Re:19-0? by catbutt · · Score: 2, Insightful

      I may not agree with this decision, but I think there is a reason we don't directly vote on every issue. We instead delegate that to people who have the time to understand the issues and then vote on them appropriately. Also our system accounts for the fact that while the majority may favor this or that, it also matters how MUCH each person cares about each issue....that is how they prioritize such things in electing a representative. Maybe the majority favors something, but the minority that doesn't, cares much more strongly about it.

      Our system is flawed in many, many ways (corruption comes to mind), but the fact that something can win without majority support of the electorate is not one of them, in my opinion.

    7. Re:19-0? by mistiry · · Score: 5, Insightful

      My beef is that it made it through a government committee with no opposition, when the majority of citizens do not or would not wish to give these powers to the government, who is supposed to act in the best interests of the majority.

      I don't know that it will make it through the H.O.R. (haha "whore") but it's shocking to see not a single 'nay' vote on something in such dispute in the real world.

    8. Re:19-0? by catbutt · · Score: 3, Insightful

      Depending on how you ask the question, I'm sure you could get "the majority" to say pretty much whatever you want. There are many freedoms that can be restricted without due process, assuming you define "freedom" to include "ability to do whatever you please, legal or not".

    9. Re:19-0? by MozeeToby · · Score: 4, Insightful

      Yeah, but it made it through the Senate Judiciary Committee; you know, the committee that is charged with upholding the constitution. The idea that something that should be a very contentious topic makes it through a committee who's primary responsibility is supposed to be safeguarding our constitutional rights without a single vote against it is, at the very least, concerning.

    10. Re:19-0? by Anonymous Coward · · Score: 0

      Atleast till someone says Think of the Children/Terrorist.

    11. Re:19-0? by mistiry · · Score: 2, Insightful

      I have to disagree here.

      The majority are the working class, who's time is taken up by things like work, school, and children and who's thoughts tend to focus on things like what bills are due, if their kids are healthy, etc.

      The minority, in this case politicians, don't "care" more about the issue. They just don't have the day-to-day issues that the majority has to worry about. Why should what they, being in the minority, want hold more weight than what we, the majority, want? They must forget, we may be in a lower "class", but we are the blood that flows through the veins and keeps this country running, pay the bills of these politicians, and our voices should be heard louder than theirs.

    12. Re:19-0? by master0ne · · Score: 2, Insightful

      im in opposition of the bill as well, but im just curious as to your logic here.... if "Getting a court order is not due process." , than what constitutes "due process"? If this gets signed into law, i say there should be a proceedure that requires due diligance to prove the offence before the court order is issued, however i prefer that this bill not pass at all. Just wondering what your logic is, because if you are correlating this to the real world, all they need to raid your house, or shut down your buisness is a court order, and this seems to serve as "due process" just fine.

      --
      Noone writes jokes in base 13!
    13. Re:19-0? by XxtraLarGe · · Score: 1

      Will it fly through the House? There is a lot of bad blood, and the guys who wrote the bill have (D) tags, and the House has flipped control -- it will be a hard sell there.

      This is the lame duck session. All those Republicans won't be seated until next year...

      --
      Taking guns away from the 99% gives the 1% 100% of the power.
    14. Re:19-0? by Amouth · · Score: 5, Insightful

      if this is the burden of proof "materials believed to infringe copyright" then it isn't proof.

      you can believe anything you want .. doesn't mean its right..

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    15. Re:19-0? by mistiry · · Score: 5, Insightful

      In order to obtain a warrant to perform a raid on my house, law enforcement is required to show evidence that justifies their action.

      All that is required in this instance is someone saying "hey, whatever.com could potentially infringe my copyright!" and the court can order it shut down.

      There is no evidence required. There is no panel to vote whether or not whatever.com is actually performing infringing activities or just offering a service that SOME people have abused for the purposes of infringement.

      If some kid posts a clip of a TV show on You Tube, under this 'law', the courts could block access for every single citizen, even though YouTube is not directly responsible for that kids' actions.

    16. Re:19-0? by cmburns69 · · Score: 1

      Technically speaking, getting a court order would be due process because the law would explicitly stipulate a court order as a legal way to require the website to be taken down.

      However, many laypeople interpret "due process" as to allow the defendant the opportunity to provide a defense before the punishment is meted out.

      --
      Online Starcraft RPG? At
      Dietary fiber is like asynchronous IO-- Non-blocking!
    17. Re:19-0? by youngone · · Score: 1

      You're right about everything except who pays the politicians. The corporates in whose interest laws like these are passed are the ones paying the politicians, not the working class. (or any other class).

    18. Re:19-0? by Anonymous Coward · · Score: 1, Insightful

      Then failure to observe due process lies with the low-to-nonexistent evidential standard, not with the fact that a court order is involved. Thus the GP is correct about your previous post; the statement "a court order is not due process" is inaccurate.

    19. Re:19-0? by mistiry · · Score: 1

      If you look at it that way...

      The working class pays their salaries.
      The corporations pay their bonuses.

      They still get their cut from our tax dollars, so yes, we DO pay the politicians.

    20. Re:19-0? by Anonymous Coward · · Score: 0

      He means a behind closed doors, no chance to defend your self (and your site) court order. As opposed to having a trial and getting to make your case. I assume that is what he was going for at least.

    21. Re:19-0? by Anonymous Coward · · Score: 0

      I thought the government was for the people by the people. What a fucking joke.

      That is the way it was supposed to be, now the government is by big money, of big money, for big money.

    22. Re:19-0? by suutar · · Score: 1

      The part I dislike is the one where the AG can put a site on a list, with no court order or other judicial involvement, and while the ISPs et al aren't _required_ to shut it down, if they do they're immune from prosecution/lawsuit. No prior notice to the site owner required. There's supposed to be a process for getting a site back off the list, but I don't recall anything about making it affordable.

    23. Re:19-0? by eepok · · Score: 1

      Luckily, there is hope in judicial review and that's that EXACT kind of wording that the courts love to smack down. The prosecution will show great potential for loss of revenue (requiring only a "rational basis" for skirting due process), but since a website is very easily argued to be a free speech, strict scrutiny of the legislation will be required and the prosecution will have to show:

      1) a compelling gov't interest (nat'l security, many lives, etc.)
      2) the law is narrowly tailored to achieve a stated goal (in this case, preventing IP-infringement)
      3) the law is applied in the least restrictive means possible to achieve the compelling gov't interest.

      The downside to this *elementary* understanding of constitutional law is that someone's (or many "ones"?) life and reputation have to be dragged through the mud by the application of this law and his/her legal representation has to have the moral fortitude to fight the law.

    24. Re:19-0? by catbutt · · Score: 1

      Wait....what? The minority is the politicians? Our voices should be heard louder than the people who represent us?

      I don't even know where to start with that. Seriously bizarre way of looking at representative democracy.

      Anyway, if they did the opposite, they'd be accused of pandering to the voters.

    25. Re:19-0? by SuricouRaven · · Score: 1

      It won't get voted on this session, probably, due to a lack of time. But I anticipate little opposition. The Rs and Ds have things of higher profile to bicker over.

    26. Re:19-0? by gmuslera · · Score: 2, Insightful

      The majority of the population does NOT have a clue, if a politician (or a hired actor, or whatever) tells them that this is right, they will believe so. Don't worry, happens the same in the election of presidents, most vote what media tells them.

    27. Re:19-0? by Peristaltic · · Score: 2, Interesting

      I thought the government was for the people by the people. What a fucking joke.

      No offense, but that's taking naivety awfully far.

      The fourth branch of government, corporations and banks, swing as much power as any two of the other branches. Our government has faded from a bright, hopeful experiment to one bunch of people lording it over another bunch of people- Pretty much how most "governments" have always worked throughout history. The primary difference nowadays is that the dominant group has a historically unheard of technological advantage with which to distract the peons from that reality.

    28. Re:19-0? by icannotthinkofaname · · Score: 1

      Think of the Children/Terrorist.

      Huh. I've never heard anyone say, "Think of the Terrorist" before.

      --
      Let q be a radix > 1. I am in ur base-q, killing 10 d00ds.
    29. Re:19-0? by Anonymous Coward · · Score: 0

      If some kid posts a clip of a TV show on You Tube, under this 'law', the courts could block access for every single citizen, even though YouTube is not directly responsible for that kids' actions.

      Yeah... except for when Viacom tried that tactic against YouTube, and failed utterly because YouTube fell under safe harbor.

    30. Re:19-0? by Anonymous Coward · · Score: 0

      I would love to see your metrics on this one. The majority of the population can't be bothered to care, one way or the other!

    31. Re:19-0? by modmans2ndcoming · · Score: 1

      WTF do you think a court order is? due process!

    32. Re:19-0? by Anonymous Coward · · Score: 0

      I thought the government was for the people by the people. What a fucking joke.

      When has this ever been true? You don't halt the slaughtering of cows because they cry for pain, and you most certainly don't listen to the objections of the populous because of their perfectly legitimate free rights concerns.

    33. Re:19-0? by Tanktalus · · Score: 1

      I'm just curious. I'm not a fan of Democrats or Obama. I'm starting to be disillusioned by the Repubs, and, though I'm not American, the Tea Party intrigues me. But I have to ask: why do you think the (R) tags would vote any differently?

      If it's just to "oppose the Dems", which apparently seems to be a valiant effort made by corrupt politicians (oh, there I go, being redundant... again) the world over as a way of pretending to be different than those in power to encourage others who are disillusioned by those in power to vote for the other party next time, I would actually expect most (R)'s to vote in favour of this, too. Not that I think it's a good law, but I just don't expect politicians of any stripe to look past their list of campaign donors.

    34. Re:19-0? by sed+quid+in+infernos · · Score: 1

      However, many laypeople interpret "due process" as to allow the defendant the opportunity to provide a defense before the punishment is meted out.

      Then many laypeople should like this aspect of the bill requiring the AG to:

      ‘‘(i) sends a notice of the alleged violation and intent to proceed under this subsection to the registrant of the domain name at the postal and e-mail address provided by the registrant to the registrar, if available; and ‘‘(ii) publishes notice of the action as the court may direct promptly after filing the action.

      Moreover, the equitable relief outlined in the bill (temporary restraining order, a preliminary injunction, or an injunction) is subject to a number of rules of civil procedure dedicated to giving the defendant an opportunity to respond.

      There are standards well beyond mere belief for granting a preliminary injunction. And for an injunction to be granted, all the facts necessary to support it must be proved by a preponderance of the evidence.

    35. Re:19-0? by mistiry · · Score: 4, Funny

      Ok..."A court order ALONE is not due process."

      Fucking /.

    36. Re:19-0? by pitchpipe · · Score: 1

      I thought the government was for the people by the people.

      It is a fucking joke, but only the rich are laughing. It is government for the people by the super-rich. The top 1 percent of Americans owns 34 percent of America's private net worth[...] The bottom 90 percent owns just 29 percent. Yep, that's right : in the U.S. out of a random 100 people on average there will be one person who owns more than ninety of the other people combined.

      --
      Look where all this talking got us, baby.
    37. Re:19-0? by westlake · · Score: 2, Interesting

      The prosecution will show great potential for loss of revenue (requiring only a "rational basis" for skirting due process...

      The "prosecution" doesn't have to show "loss of revenue." It doesn't have to show that the infringer has a profit motive. NET [No Electronic Theft] Act

      It only has to show that is acting to protect a federally granted property right.

    38. Re:19-0? by Daniel+Dvorkin · · Score: 1

      The majority of the population almost certainly have no idea that this bill exists, and therefore can't really care one way or the other if it passes. And I have to say it, but I strongly suspect that if they were aware of it, most people would probably think it was fine and dandy, at least on first hearing about it. Slashdotters are, to say the least, not a representative sample of the population on issues like this.

      We can only hope that (a) it doesn't pass the House before the recess, and (b) in the interim, groups like the EFF can do a good enough job raising public awareness of what a terrible bill it really is that it faces significant opposition if and when it's re-introduced. But don't count on it.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    39. Re:19-0? by Anonymous Coward · · Score: 0

      Not for a long time. The government is for big business, and money. Fuck the people. Anyone who thinks that there are any politicians looking out for our interest anymore, are mistaken. Actually, there may be a few, but they can't go up against the Elitist Powers that run our Government.

      Get ready for MUCH MUCH more than a censored Internet. This will be the least of our worries as they ship us off to the FEMA camps for "re-education". America will be just like China in a few years. Don't believe me?? Just watch, and open your eyes and do a little research into what is really going on around us.

      I am not anti-goverment, I am anti-this-fuck-us-over-for-money-government.

    40. Re:19-0? by Anonymous Coward · · Score: 0

      In order to obtain a warrant to perform a raid on my house, law enforcement is required to show evidence that justifies their action.

      I may be wrong, but I think good ol' Georgie B took this out with his Patriot Act. I believe they can do pretty much anything they want in the name of "National Security". If I am wrong, then I know there will be plenty of people kind enough to call me a fucking idiot and tell me how wrong I am ..... that's why I love /.

    41. Re:19-0? by cheekyjohnson · · Score: 1

      "In order to obtain a warrant to perform a raid on my house, law enforcement is required to show evidence that justifies their action."

      I don't care if they do show evidence. This is the government here, and they will likely shut down any website that they (the MPAA/RIAA) are opposed to.

      --
      Filthy, filthy copyrapists!
    42. Re:19-0? by Anonymous Coward · · Score: 0

      Well, it's either that, or more likely, most /.ers don't have a clue what's constitutional, unconstitutional, or controversial across the country. Just look, for example, at the disparity between /. "general wisdom" regarding marijuana legalization and the actual vote totals from California. Posters here typically don't know law, politics, or common sense worth a damn.

      Social and political issues are not binary. Understanding the nuances and reasoning behind real-life issues is a skill that doesn't show up often in the server room.

    43. Re:19-0? by cheekyjohnson · · Score: 1

      "It only has to show that is acting to protect a federally granted property right."

      The property that is in an infinite supply and consists of mere data?

      --
      Filthy, filthy copyrapists!
    44. Re:19-0? by sortadan · · Score: 3, Interesting

      Not to mention that all classified documents will now have a copyright clause in the footer, so they can justify pulling the plug on wiki-leaks and others that speak out of turn.

    45. Re:19-0? by Grishnakh · · Score: 1

      I thought the government was for the people by the people. What a fucking joke.

      Where'd you ever hear that?

      The government is for the corporations, not the people, and the corporations (namely the MAFIAA) definitely want this legislation.

    46. Re:19-0? by Grishnakh · · Score: 3, Insightful

      Maybe I'm missing something, but how exactly do they propose to "pull the plug" on WikiLeaks, or any foreign-hosted website? Unless they put in a government-operated Great Firewall (a la China) on all links coming into the USA, it's technically impossible to block foreign websites.

    47. Re:19-0? by cheekyjohnson · · Score: 1

      "I may not agree with this decision, but I think there is a reason we don't directly vote on every issue."

      It's because the current system is broken. Relying on corrupt candidates to do what isn't even the bidding of the people is, needless to say, a terrible idea. The majority shouldn't get whatever they want (as in, there still should be checks and balances by the government to ensure that the majority doesn't take away rights from the minority, etc), but they should have far more power than they do now, and the government definitely shouldn't be able to pass things such as this without their consent.

      --
      Filthy, filthy copyrapists!
    48. Re:19-0? by hort_wort · · Score: 1

      The majority of the population does NOT want to see this pass

      Do you have a linkie for a poll or something? My worldwide telepathy is on the fritz.

    49. Re:19-0? by Anonymous Coward · · Score: 0

      You fucking idiot. You're wrong.

      Here's why.

    50. Re:19-0? by blueg3 · · Score: 1

      There's only 19 people in the Senate?

    51. Re:19-0? by Anonymous Coward · · Score: 0

      "It only has to show that is acting to protect a federally granted property right."

      The property that is in an infinite supply and consists of mere data?

      The property that is being protected is not the "mere data". The property that's being protected is the right to control distribution of creative works.

      It's law, whether you (or I) like it or not.

    52. Re:19-0? by cheekyjohnson · · Score: 1

      "Our voices should be heard louder than the people who represent us?"

      The problem here is that they don't represent us. They rarely ever have, and they very rarely ever will.

      "I don't even know where to start with that. Seriously bizarre way of looking at representative democracy."

      Not really. This just isn't working.

      --
      Filthy, filthy copyrapists!
    53. Re:19-0? by Anonymous Coward · · Score: 0

      I'm starting to be disillusioned by the Repubs

      Hey, welcome to the 1960's.

    54. Re:19-0? by kelarius · · Score: 1

      It is illegal for government works to be copyrighted, including their documents.

      --
      Personally I'd rather have my idiots at home glued to the TV than out doing idiotic things
    55. Re:19-0? by Anonymous Coward · · Score: 0

      People to easily toss around this "..the majority..." phrase without any citation or proof. That may or may not be true but you are obligation to backup such a sweeping claim, otherwise it is just your subjective opinion.

    56. Re:19-0? by blair1q · · Score: 1

      Um, your argument is inept.

      All that is needed to obtain a warrant to arrest you and search your house is for a cop under oath to state his evidence to judge. And the evidence can include merely the cop's observations. If the judge finds probable cause, the warrant is issued.*

      Your door will then be broken off its hinges, your house will be trashed, your arms will be chicken-winged up to your ears, and you will be incarcerated, potentially for years, before you are given a trial.

      * - and if the cop perceives probable cause that you are committing or are about to commit a crime, he can act without getting a warrant. Your house is usually not involved in this because he can't see you committing a crime when the door is closed and the blinds are drawn, but if he saw you throwing bottles at people from your window your door is going to be splintered, you are going to be trussed up and frisked, and by the time the CSIs get there a warrant will be in someone's hands.

      And your youtube example is inept. The language of the law states that it applies if the only purpose of the site is the commission of counterfeit theft.

      Of course, the problem with all this is that investigators will get these warrants by pointing out the infringing material without also ensuring that the rest of the site is offensive. I doubt that will happen to Youtube, but lesser known file-sharers that don't aggressively prevent posting of copyright materials are going to find their domain name no longer resolves (or they lose US web traffic, can't collect credit-card charges from the US, and can't get US-based adserver content, if they're outside the US). They'll be offline until they can prove to the court that they didn't do anything wrong.

    57. Re:19-0? by ArundelCastle · · Score: 1

      You do realize there *are* real criminals on the internet, right? It's not all grandma's shared MP3 collection. The joke is criminals won't keep their servers within the geographic reach of this bill. So in order to flex their legal muscle some grandmas are going to get slammed.

    58. Re:19-0? by eepok · · Score: 1

      That's a law that gives justification for seeking prosecution, but not one that gives the rights of skirting the requirements of due process, which comes earlier in the order of legal operations.

      If you can prove that due process was ignored without sufficient reason, then you can nullify an attempt at prosecution or even a law altogether if the law oversteps legislative bounds (as the Website Shudown Bill does).

    59. Re:19-0? by cheekyjohnson · · Score: 1

      "The property that's being protected"

      Protected from what?

      "right to control distribution of creative works."

      I don't see how someone copying data harms anyone, and I certainly don't see how this is a 'right'.

      "It's law, whether you (or I) like it or not."

      That's liable to change if more indoctrinated drones who can't differentiate between stealing physical objects (thereby depriving someone of something) and copying data (which deprives no one of anything, unless you believe that potential profit exists, but basic logic disagrees with that notion) realize the truth.

      --
      Filthy, filthy copyrapists!
    60. Re:19-0? by melikamp · · Score: 4, Insightful

      I know nothing about the actual work or purpose of the Senate Judiciary Committee, but I do know the fundamentals. You Yanks have separated your government into 3 major branches with the intention for them to work against each other and check each other's power. It would seem to me entirely reasonable that the Senate Judiciary Committee exists for the sole purpose of subverting the work done by the Supreme Court: these are the people who, akin to John Yoo, work hard to establish just how much trash they can drive through the Constitutional checkpoint. I don't even believe that it is necessarily a bad thing (the law must evolve), I just would not expect them to be the guardians of the Constitution, since it is clearly not their job.

    61. Re:19-0? by Anonymous Coward · · Score: 0

      I'm assuming they mean 'root domain server blocking' so the domain name itself won't resolve where it's supposed to.

      Additionally they might have an IP blacklist posted at all incoming and outgoing routers in the country.

      Both would be technically trivial, the latter potentially high overhead (unless they just block/redirect whole ip ranges), but certainly within the realm of absurdity our government is spiralling into.

    62. Re:19-0? by Anonymous Coward · · Score: 0

      We instead delegate that to people who have the time to understand the issues and then vote on them appropriately.

      Which constantly leaves us feeling vaguely screwed and clueless. C'mon, "daddy knows best?" What are you, 12?

    63. Re:19-0? by Anonymous Coward · · Score: 0

      As far as I understand it, the bill will block a domain, wikileaks, for example, from the master nameservers (.com, .edu, .org, ect), which I am pretty sure (someone correct me if I am wrong) are hosted in the US. That means anyone typing "wikileaks.org" will get a 404 not found. The site will still exist, but that domain name will be blocked.

    64. Re:19-0? by NeutronCowboy · · Score: 3, Insightful

      Do you really think Senators and Representatives have any problem creating things like the Great American Firewall? Remember, these are the people who brought you TSA and the 1-quart freedom pouch.

      --
      Those who can, do. Those who can't, sue.
    65. Re:19-0? by whoever57 · · Score: 1

      Maybe I'm missing something, but how exactly do they propose to "pull the plug" on WikiLeaks, or any foreign-hosted website? Unless they put in a government-operated Great Firewall (a la China) on all links coming into the USA, it's technically impossible to block foreign websites.

      Simple: Comcast and AT&T and other major ISPs set their nameservers to resolve these domains to an alternative page. After all, everyone uses their ISP's nameservers don't they? Do you expect the MPAA, RIAA or our Senators to know that it is possible to run your own nameserver, or that there are alternative nameservers out there?

      EIther that, or they block by IP address. What's that you say: collateral damage? ... I can't hear you!

      --
      The real "Libtards" are the Libertarians!
    66. Re:19-0? by spazdor · · Score: 1

      404 is an HTTP error, and you'll get it when you reach a server, but request from it a document it doesn't have.
      If the DNS doesn't resolve, you won't even get that far :(

      --
      DRM: Terminator crops for your mind!
    67. Re:19-0? by westlake · · Score: 1

      The majority of the population does NOT want to see this pass, yet it made it through the Senate with NO opposition?

      I'm curious what makes you so certain you know what the majority wants.

      The next Congress will likely prove as conservative and Republican as any we have seen since the fifties.

    68. Re:19-0? by lgw · · Score: 0, Troll

      If there is any hope for the (R)s, it's in the Tea Party. We'll see in the coming year whether there is any hope.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    69. Re:19-0? by Jeian · · Score: 1

      The majority of the population does NOT want to see this pass, yet it made it through the Senate with NO opposition?

      I thought the government was for the people by the people. What a fucking joke.

      No, it made it through the Judiciary Committee.

      Then again, I don't have a lot of hope that the remainder of the Senate will do much better.

    70. Re:19-0? by Anonymous Coward · · Score: 0

      This isn't due process. The bill gives extra-territorial authority to DOJ. Foreign websites hosted and operated on foreign territory are not and should not be subject to the US law. China could claim the same "due process" by deeming a US website to be in violation of Chinese law; and then thereby justify shutting down a US website (through, for example, a denial of service attack). Would we see such a move by China as legally justified?

    71. Re:19-0? by fireslack · · Score: 1

      The majority of the population does NOT want to see this pass, yet it made it through the Senate with NO opposition?

      No. It passed the Senate Judiciary Committee. The first four words of the summary are what gave it away. All bills have to pass committee before going to the full Senate or House.

      --
      This sig only exists because you are observing it.
    72. Re:19-0? by Anonymous Coward · · Score: 0

      The majority of the population does NOT want to see this pass, yet it made it through the Senate with NO opposition?

      Last I knew, there were a total of 100 senators, not 19. This is a committee, it did not "make it through the Senate".

    73. Re:19-0? by Eskarel · · Score: 1

      The majority of the population does NOT want to see this pass

      Citation needed.

    74. Re:19-0? by LordLimecat · · Score: 1

      The majority of the population does NOT want to see this pass,

      While I too oppose this, I nowhere in the article saw a mention of how the population feels on this. Can you provide source for that claim?

    75. Re:19-0? by Grishnakh · · Score: 1

      Sounds just like China's Great Firewall. So much for freedom...

      Being blocked from accessing foreign websites (for any reason) is tantamount to censorship in my view. Of course, the way things are going in this country, I don't see any reason for it not to happen.

    76. Re:19-0? by Grishnakh · · Score: 2, Insightful

      What are they going to do when everyone starts using offshore DNS servers? Using a different DNS server is trivial.

    77. Re:19-0? by LordLimecat · · Score: 1

      it's technically impossible to block foreign websites.

      No, its not, and they state the way in the article-- the ISP would redirect traffic. Presumably they can blackhole the site's IP, or, if the site relies on a hostname in the header, simply removing the DNS entry and filtering http traffic with that name in it.

      I suppose the natural response will be "encrypt and onion route", but lets keep in mind that if the ISP controls the connection, and they have the backing of trusted root authorities, there is a great deal they can do to prevent workarounds.

    78. Re:19-0? by LordLimecat · · Score: 1

      So warrants and writs are not due process then?

    79. Re:19-0? by Grishnakh · · Score: 1

      Removing the DNS entry won't do anything; you can easily use a 3rd-party DNS. Blocking the IP is a pain, but you can still use an offshore proxy.

    80. Re:19-0? by LordLimecat · · Score: 1

      historically unheard of technological advantage

      No offense, but thats taking historical innacuracy awfully far. The USA has a lowly 99% literacy rate (according to http://en.wikipedia.org/wiki/List_of_countries_by_literacy_rate), and a majority of citizens can access a store of knowledge (via the internet) unheard of a mere 50 years ago. Compare that to earlier times with far lower literacy rates and no such access to that kind of information, and THEN rethink that statement that the dominant group has a "historically unheard of technological advantage".

      Nevermind the fact that incredibly advanced technology is available for the download (linux, truecrypt, ipsec vpns, etc etc etc); Im not sure quite what advantage you were referring to.

    81. Re:19-0? by X0563511 · · Score: 1

      Er, what strange definition of "property" is that?

      How do you own a right? That's even more nebulous than "IP!"

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    82. Re:19-0? by X0563511 · · Score: 1

      Warrant: (Noun)
              * S: (n) warrant (a writ from a court commanding police to perform specified acts)
              * S: (n) warrant, stock warrant, stock-purchase warrant (a type of security issued by a corporation (usually together with a bond or preferred stock) that gives the holder the right to purchase a certain amount of common stock at a stated price) "as a sweetener they offered warrants along with the fixed-income securities"
              * S: (n) sanction, countenance, endorsement, indorsement, warrant, imprimatur (formal and explicit approval) "a Democrat usually gets the union's endorsement"
              * S: (n) guarantee, warrant, warrantee, warranty (a written assurance that some product or service will be provided or will meet certain specifications)

      Due Process: (Noun)
              * S: (n) due process, due process of law ((law) the administration of justice according to established rules and principles; based on the principle that a person cannot be deprived of life or liberty or property without appropriate legal procedures and safeguards)

      Please explain how this single warrant constitutes due process. A warrant is a single part of a larger system. You're trying to state that the part is the whole.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    83. Re:19-0? by freesword · · Score: 1

      The majority of the population does NOT want to see this pass, yet it made it through the Senate with NO opposition?

      You're surprised?

      Senator Patrick Leahy, "the main sponsor of the bill" is the Chairman of the Senate Judiciary Committee.

      All but 4 members of that committee are co-sponsors of the bill.

      One of those 4 is Al Franken who has close ties to the entertainment industry.

      That leaves 3 others who might have voted against it but knew going in that it didn't matter either way so they probably offered to trade their rubber stamp vote for a vote on something they wanted.

      This thing should have died in committee. But with the deck stacked like it was I can't say the results surprise me.

    84. Re:19-0? by Y0tsuya · · Score: 1

      The pols know which side of their bread is buttered.

    85. Re:19-0? by Codarl · · Score: 1

      The majority of the population does NOT want to see this pass, yet it made it through the Senate with NO opposition?

      I thought the government was for the people by the people. What a fucking joke.

      People also want drugs, crime, and prostitutes but its illegal and immoral. The government is also their to protect from wrongdoing, don't be ignorant and assume government does what it wants for no reason.

    86. Re:19-0? by m85476585 · · Score: 1

      The majority of the population isn't educated enough to make decisions on issues like this (or most issues for that matter), which is why we have elected representatives. Unfortunately the system doesn't work very well, and our representatives are not much better than us, especially on very technical issues. They can't be experts on everything, which is why they have staff and advisers.

    87. Re:19-0? by budgenator · · Score: 1

      My bookmark is by IP number for wikileaks from the last time they tried to block it via DNS anyways.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    88. Re:19-0? by ScrewMaster · · Score: 1

      Being blocked from accessing foreign websites (for any reason) is tantamount to censorship in my view.

      Being blocked from accessing websites by government action is censorship, so far as First Amendment protections are concerned. That's what irritates the fuck out of me about all of this: if you couldn't block it from being published on traditional media, why do you think you have some special right to do so on the Internet. The Constitution doesn't specify what communications media are or are not deserving of protection, there's no clause saying, "Okay, anything that comes from a printing press is untouchable, but anything else is fair game." Listen up, Congress, time to start paying attention to the Founders. They were a hell of a lot smarter than all of you put together, and actually did have the best interests of the Union at heart. Keep that in mind, and meanwhile keep your mitts off our speech.

      --
      The higher the technology, the sharper that two-edged sword.
    89. Re:19-0? by Grishnakh · · Score: 2, Insightful

      Don't worry, they'll give you a special "free speech zone" that you can exercise your free speech in.

    90. Re:19-0? by budgenator · · Score: 1

      If some kid posts a clip of a TV show on You Tube, under this 'law', the courts could block access for every single citizen, even though YouTube is not directly responsible for that kids' actions.

      Not really,

      `(a) Definition- For purposes of this section, an Internet site is `dedicated to infringing activities' if such site--
                                          `(A) primarily designed, has no demonstrable, commercially significant purpose or use other than, or is marketed by its operator, or by a person acting in concert with the operator, to offer--

                                                      `(i) goods or services in violation of title 17, United States Code, or enable or facilitate a violation of title 17, United States Code, including by offering or providing access to, without the authorization of the copyright owner or otherwise by operation of law, copies of, or public performance or display of, works protected by title 17, in complete or substantially complete form, by any means, including by means of download, transmission, or otherwise, including the provision of a link or aggregated links to other sites or Internet resources for obtaining such copies for accessing such performance or displays; or

                                                      `(ii) to sell or distribute goods, services, or materials bearing a counterfeit mark, as that term is defined in section 34(d) of the Act entitled `An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes', approved July 5, 1946 (commonly referred to as the `Trademark Act of 1946' or the `Lanham Act'; 15 U.S.C. 1116(d)); and
      `(B) engaged in the activities described in subparagraph (A), and when taken together, such activities are central to the activity of the Internet site or sites accessed through a specific domain name.
      Combating Online Infringement and Counterfeits Act

      I would think that Youtube would have a demonstrable, commercially significant purpose. The part that worries me is that this bill would task the USG with going after these "Internet Bad Guys", yet shielding the complaintants.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    91. Re:19-0? by Peristaltic · · Score: 4, Interesting
      I know that you aren't quite sure what advantage I'm referring to. That is why I continue to use the term "naive".

      You refer to technology such as "(linux, truecrypt, ipsec vpns, etc etc etc)", implying that this is the technology that levels the field??? The vast, and I mean the overwhelmingly vast majority of Americans don't know what these things are, let alone how to use them. Let alone how to use them effectively. So, the peons are more literate than ever before, and have access to vast "stores of knowledge" via the internet? Internet access wasn't the level of technology to which I was referring. The dominant, powerful people in this nation, people who control the majority of wealth and power, have exclusive access to technology that goes a bit beyond this.

      Several examples come to mind, but one with which I have direct experience is easiest to talk about- Last year I ended a contract completing enhancements for a high-frequency trading package for a mid-sized trading house. The use of this technology, which incidentally makes use of your great equalizer, Linux, has been pulling in an incredible, I mean a whole shit load, of cash for the firm... and this is a mid-sized firm, and the software probably isn't as good as what I've heard the bigger guys use. I talk to the traders now and then- You simply would not believe how much money is being siphoned off for the benefit of a -very- small group of people. I made decent coin on this contract, but not what they make using the system. No regrets- My point is that this is just one type of very profitable manipulation made possible by -technology-, technology to which you and I do not have, and will never have, access. I know the principles and could write my own system, but would never make it out of the legal system before I was too old to use it. This type of technology alone effects an unprecedented transfer of wealth. There are many other examples, examples that are more directly malevolent that involve data gathering and surveillance on a large scale, among others.

      You "rethink" it.

    92. Re:19-0? by ScrewMaster · · Score: 4, Insightful

      What are they going to do when everyone starts using offshore DNS servers? Using a different DNS server is trivial.

      Besides, the Domain Name System is a convenience, a layer on top of the underlying packet-switched network. It's a lot tougher to globally block specific IP addresses. But in the end, the network works as well as it does, because DNS can be depended upon to work the same way, everywhere. I hate to say it, as an American (and because I really didn't want to believe that our leaders are, frankly, so fucking stupid) but I will accept that this kind of irrational "we run the Internet" mindset just makes us into a liability. DNS is a service that the United States (under the dubious auspices of Network Solutions and Verisign) have provided the world for free, and which has offered incalculable political and economic benefits for everyone. Why our leaders can't understand that, and realize that the trillions of dollars of raw economic value alone that the Internet has provided to date, far outweigh the needs of a couple of criminal cartels.

      And, as you point out, switching to a different server is trivial (so long as your ISP hasn't been ordered to block such access) but the benefits of a centralized, coherent Domain Name System will be lost if everyone in the world begins setting up their own DNS clones.

      These assholes are playing with fire. I hope they realize that.

      --
      The higher the technology, the sharper that two-edged sword.
    93. Re:19-0? by ScrewMaster · · Score: 1

      They'll be offline until they can prove to the court that they didn't do anything wrong.

      That's not even the point. If you have a site that truly is criminal in nature (for example, a site that sells malware toolkits) and the court blocks access ... well, maybe. Personally I don't the Feds should be blocking anything, period. But it gets worse, as others have pointed out. When you have a site that may host some infringing content but also has non-infringing content that qualifies as protected speech, now what do you do? Throw the baby out with the bathwater? I'm sure will begin to hear the "you can't make an omelet without breaking a few eggs" argument rear its ugly head in Washington, but this goes very much against our most cherished legal principles. And in any event I don't particularly care for omelets.

      --
      The higher the technology, the sharper that two-edged sword.
    94. Re:19-0? by shadowofwind · · Score: 1

      I just would not expect them to be the guardians of the Constitution, since it is clearly not their job.

      All US congressmen and senators take an oath of office, which begins "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States..."

      It is definitely their job. Same for the president.

    95. Re:19-0? by ikkonoishi · · Score: 1

      The ISPs will be required to not resolve the domain name, and the registars will be required to redirect the domain name to the government's control. Yes this means if you type in the IP address this does nothing. The *IAA are idiots as are the representatives.

    96. Re:19-0? by slashqwerty · · Score: 1

      I don't know that it will make it through the H.O.R. (haha "whore") but it's shocking to see not a single 'nay' vote on something in such dispute in the real world.

      The Copyright Term Extension Act (CTEA) made it through congress in one day without any opposition. That was one week before the 1998 election. In case you don't recall, the CTEA retroactively extended copyright by 20 years.

      In case you haven't noticed congress always favors the media. It is the media that controls their public image and chances of getting (re)elected. It is also the media that pushes for draconian copyright laws.

    97. Re:19-0? by DJ+Particle · · Score: 1

      Not sure....the Tea Party, as far as I've seen, is where the most extreme of the right is. The likes of Sarah Palin and Michelle Bachmann pretty much define them.

      The main movers and shakers in the GOP think they are too extreme, and want them, especially Palin, to disappear.

      The Tea Party will end up splitting the GOP into 2 distinct parties if they're not careful. If that happens, neither of them will ever have a congressional majority again.

    98. Re:19-0? by evanism · · Score: 2, Interesting

      Way back in 1995 /6 I remember using altdns .... Wonderful. I see the days of a private dns springing up quite soon.

      --
      Just bought a new quantum computer, but I'm uncertain how it works.
    99. Re:19-0? by daath93 · · Score: 1

      It made it through Committee. Lets pretend for a fucking moment that everyone watched schoolhouse rock and understand how the Senate works and realize that once a bill goes through committee, it gets to go to the senate floor, where the whole senate votes on it, then it goes to conference committee and THEN it goes to the president to sign.

    100. Re:19-0? by Fieryphoenix · · Score: 1

      No, it did not make it through the Senate. It made it through a Senate committee. That means it was approved to be put before the Senate for consideration.

    101. Re:19-0? by daath93 · · Score: 1

      The committee passed it, not the senate, it simply passed in committee which allows it to be brought to the floor of the senate for discussion, where most bills flounder in the mud before dying a quite death. While disturbing, i would expect this from a committee that is led by hardliner lib democrats and a number of liberal republicans.

    102. Re:19-0? by daath93 · · Score: 1

      The committee is mostly hardliner liberal democrats with a few liberal republicans for variety. its hardly surprising.

    103. Re:19-0? by daath93 · · Score: 1

      Actually all federal employees all the way down to lowly people at the window in the social security office take the oath when hired.

    104. Re:19-0? by Jeremy+Erwin · · Score: 1

      Wikileaks and cryptome need to become commercially significant, pronto. Maybe they can sell t-shirts or something.

    105. Re:19-0? by Jeremy+Erwin · · Score: 1

      This is why government outsourcing is a golden opportunity.

    106. Re:19-0? by daath93 · · Score: 1

      Actually, your only partly right, yes there are lobbyists who are paid to present cases to...well...the lobby...Corporations cannot pay a politician, they can contribute a very very small amount to an individual politician (like $5k) in his campaign fund, or they can donate to Political Action Committees who separately campaign for someone they like, but are not in any way supposed to be affiliated with the candidate. The type of payola you refer to is strictly illegal and is generally fairly easily exposed whenever it happens by the opposing political party.

    107. Re:19-0? by overtly_demure · · Score: 3, Informative

      All we need is to get it litigated. It is unlikely to survive. Somebody has to put up the money to do it, though.

    108. Re:19-0? by daath93 · · Score: 2, Interesting

      The system works fine, the problem is there is a disconnect in reality in the mind of the voter. For the last few decades we have been telling the voter that its okay to expect the government to take care of you. Its okay to be unemployed, we will pay you to sit on your butt. Its okay to have 10 kids and not work, we will pay for each of them and give you free food and medical. its okay to let criminally insane people walk the street because we should just understand that they are sick when they are beating our brains out. Let the government fix it. Let the government fix it.

      50 years ago if Katrina had happened the people of New Orleans would have banded together and rebuilt that place better than ever 2 days after the storm. Now they sit in filth for years and wait for the government to fix it.

      These same people have been told that they need to vote certain ways to keep their entitlements going. And you, sir, are frustrated that our perfectly working system is being subverted by people who are addicted to government spending, and have been very successfully educated on how to keep that entitlement coming. Vote for the person (D or R but more stereotypically the D) who sponsors this entitlement. It works fine, its the voter who is fucked up. But its okay, the government will soon fix that too i'm sure.

    109. Re:19-0? by cheekyjohnson · · Score: 1

      "The system works fine"

      No, it doesn't. It relies on the ability of the candidates to not lie, abuse their power, or accept bribes from the rich in exchange for their support.

      What you've listed are actual problems, but they are not the only problems. Corruption will always be present, and we should try to minimize it as much as possible by striking balance.

      Republicans, democrats... it really doesn't matter at this point. All of them are corporate tools or power hungry idiots. Yes, the people should do something about this. But unfortunately, due to the way our system works, the people don't have much power and have to rely on representatives to do everything for them (even though they don't). People are easily bribed, people lie, and people are selfish. Relying on a few people to do this is a terrible idea. It is much harder to bribe a majority of the population, even using deceit.

      Again, the people need more (but not absolute) power, and the government needs less (but not no) power.

      --
      Filthy, filthy copyrapists!
    110. Re:19-0? by vegiVamp · · Score: 1

      In other words: the experiment has failed, time to sterilise the equipment ?

      --
      What a depressingly stupid machine.
    111. Re:19-0? by Anonymous Coward · · Score: 0

      Umm, the same thing happened with the health care bill the majority did not want to see it passed and it got rammed through. So what's your point your just now figuring out big government is out to screw you?

    112. Re:19-0? by Sepodati · · Score: 0

      So you're okay with me stealing your shit if I can say you weren't going to use it anyhow, and hence weren't deprived of anything?

      It's a stupid argument. Doesn't matter if someone is deprived or not, or how easy/hard it is, you're not authorized to make a copy.

    113. Re:19-0? by syousef · · Score: 1

      The majority of the population does NOT want to see this pass, yet it made it through the Senate with NO opposition?

      I thought the government was for the people by the people. What a fucking joke.

      It is! 'The people' is short for 'The rich politician buying people'!

      --
      These posts express my own personal views, not those of my employer
    114. Re:19-0? by SeaFox · · Score: 1

      I thought works created by the government were public domain, and therefore could not be copyrighted. Even if they can as a citizen of the United States and of the people who elected the government and paid the tax bill that created the works I don't know how they could argue I wasn't the owner to begin with.

    115. Re:19-0? by tagno25 · · Score: 2, Insightful

      Sounds just like China's Great Firewall. So much for freedom...

      Except blocking it on the root DNS would block the site for almost the entire planet.

    116. Re:19-0? by cheekyjohnson · · Score: 4, Insightful

      "So you're okay with me stealing your shit if I can say you weren't going to use it anyhow, and hence weren't deprived of anything?"

      Well, no, I'm not okay with you stealing from me because then you have deprived me of something that I previously owned, which is something that pirates don't do. Pirates aren't stealing physical objects, they are making copies of data, and in the process, not a single person is deprived of anything. Don't compare it to stealing physical objects. Seriously.

      "Doesn't matter if someone is deprived or not"

      Yes, it does. If they're not being deprived of anything then how are they being hurt?

      "you're not authorized to make a copy."

      Right now, you mean. My entire point is that they should stop trying to restrict an action that hurts no one and actually fix the broken system that forces artists to try to utilize artificial scarcity.

      --
      Filthy, filthy copyrapists!
    117. Re:19-0? by sumdumass · · Score: 2, Informative

      This didn't pass the senate, it came out of a senate comity. It now needs to find itself a floor vote before it passes the senate. There are 5 times as many senators then those that voted for it.

      Also, everyone you know does not really mean the majority of the population. The vast majority of the population probably don't even know about it, or don't know the ramifications that could be associated with it. I'm betting that like most other things, the majority of the population is either ignorant of the subject/bill or agnostic to it.

    118. Re:19-0? by sumdumass · · Score: 1

      Existing law and existing court orders have shut down impending copyright and patent violations while the legalities are being sorted out. There will be a process in which someone can contest the removal- that's where the materials believed to infringe copyright will turn into actual materials that infringe copyright.

      This is nothing different then existing due process outside of the entire internet scheme.

    119. Re:19-0? by sumdumass · · Score: 0

      Evidently, you need to go back to law school (or finish high school).

      The law defines a property that isn't obvious. The law also defines the rights associated with that property. In this case, it's copyright protected material that the law gives the creator of owner exclusive control over the duplicating and distribution of said property.

    120. Re:19-0? by sumdumass · · Score: 2, Informative

      Actually, congress can define due process. They make the laws and constitute the courts. There is no controlling authority over due process that is above congress outside of anything in the constitution.

    121. Re:19-0? by rastos1 · · Score: 1

      We instead delegate that to people who have the time to understand the issues and then vote on them appropriately.

      Name three.

    122. Re:19-0? by Anonymous Coward · · Score: 0

      It says to me that the entire senate should be replaced. No severance pay, no retirement fund. Just lucky they aren't thrown in jail.

    123. Re:19-0? by realityimpaired · · Score: 1

      Yes, it is. But it's naive to think that they'd draft legislation allowing them to nuke websites that host copyrighted material, and not include a clause for nuking websites that host classified material, too. Thank you, Wikileaks. You're probably the reason that this passed 19-0.

      You can't put a copyright on government material, but there's already plenty of laws dealing with material that's been deemed secret in nature, for reasons of national security.

    124. Re:19-0? by lgw · · Score: 1

      Only the mainstream media (aka, the Democratic Party) paint the Tea Party as the extreme right. It's a sign the Tea Party has made the GOP much stronger - as if the biggest election victory since 1894 wasn't sign enough. Another election like that and the GOP could split into two parties and one of them would still have the majority.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    125. Re:19-0? by mcgrew · · Score: 1

      Well, the Senate hasn't passed it yet, just a committee. But Its defeat on the full Senate floor doesn't look promising.

      At least unlike the one we were talking about here yesterday, at least they have to get a warrant.

      I'm wondering what kind of illegal goods they're talking about? Fully automatic weapons? Drugs? Hookers?

    126. Re:19-0? by rwa2 · · Score: 2, Interesting

      Maybe I'm missing something, but how exactly do they propose to "pull the plug" on WikiLeaks, or any foreign-hosted website? Unless they put in a government-operated Great Firewall (a la China) on all links coming into the USA, it's technically impossible to block foreign websites.

      Well, the wording from TFA indicates that they would put a court order for all US ISPs to "redirect" traffic away from the affected sites. That's a lot of ISPs. Though after most ISPs get closed down for contempt of court for not filtering the internet, it won't be so many ISPs :-P

      This is just the first step. I don't think the technology is that important to the lawmakers. They're simply making it legal for them to attempt to shut down websites, via any technological means necessary. Hence, no one is really complaining much, because there's nothing really specific to attack in the wording of the law.

      The next logical step would be to make it illegal for citizens to circumvent whatever filter mechanism they use (via anonymizing international proxies, for example). Then the fun begins... it won't really matter if their pathetic technological means are ineffective.

    127. Re:19-0? by LordLimecat · · Score: 1

      THey dont have to remove the DNS entry, and regardless DNS is plaintext UDP-- it can be hijacked quite easily, or 3rd party DNS blocked. Intend to go by IP address? Those can be blocked. Routing through foreign countries? Pretty sure they could restrict proxies to be in the country, guarenteeing that SOME ISP has the ability to filter things.

      If they control the connection, and have the backing of the government, again, there is very little they cant do.

    128. Re:19-0? by LordLimecat · · Score: 1
      mistiry stated that

      Getting a court order is not due process.

      which implies that it is outside of it.

    129. Re:19-0? by LordLimecat · · Score: 1

      the overwhelmingly vast majority of Americans don't know what these things are, let alone how to use them.

      That is not technological advantage. Unlike many previous periods in history, the "overwhelmingly vast majority of Americans" have the tools at their disposal to learn these things in a few weeks of leisurely study on the internet. The fact that they choose not to does not mean the opponent has a TECHNOLOGICAL advantage.

      Further, if youve ever been in a high school with any kind of filtering, you learn that the sort of information necessary to circumvent "the man" becomes commonly known when there is an incentive to do so. I was setting up a proxy in internet explorer long before I knew what a proxy was-- simply because all the other kids knew how so they could browse unrestricted.

      I know the principles and could write my own system, but would never make it out of the legal system before I was too old to use it

      Again, you are not describing a technological advantage. You freely admit that there is no technological barrier to you creating your own solution, and that is the legal system that is the barrier (so you say).

      You "rethink" it.

      You havent adequately explained why Joe Schmoe cant study internet infrastructure and security principles on the internet in sort of a crash course over 5 weeks and then protect himself. This isnt to place blame on anyone who doesnt do so, but merely to point out that there is ZERO technological barrier to doing so for anyone sufficiently motivated. When you see truecrypt and the like being knocked off of download sites, torrents of linux actually taken offline, and articles on setting up a hardened OS installation and VPN solutions being censored, THEN we can talk about technological "advantage". As it is you seem to discount the HUGE amount of trivially accessible information and technology there actually is today.

    130. Re:19-0? by Anonymous Coward · · Score: 0

      is is not about benefits. it is about control.

    131. Re:19-0? by dwarfking · · Score: 1

      No, it made it through the Judiciary committee of the Senate without opposition. A full vote from the Senate would still be needed to pass it along.

    132. Re:19-0? by Anonymous Coward · · Score: 0

      I just would not expect them to be the guardians of the Constitution, since it is clearly not their job.

      Except for the part where it clearly is.

    133. Re:19-0? by 7-Vodka · · Score: 1

      The majority of the population does NOT want to see this pass, yet it made it through the Senate with NO opposition? I thought the government was for the people by the people. What a fucking joke.

      Yes, remember the 800 billion dollar wall street and foreign bank bail out that the government passed not too long ago? It was the bush executive, but with full support of Obama.
      More than 95% of the public was opposed to it as determined by the governments own estimates from things like the calls and mail coming in about the issue.
      It passed on the second try. Some say the congress was even threatened with martial law to get it to pass.

      --

      Liberty.

    134. Re:19-0? by eepok · · Score: 1

      http://en.wikipedia.org/wiki/Judicial_oversight

      The cornerstone of the American judicial system would like to disagree. The courts have the final say... and for good reason. Your average Supreme Court Judge has greater wisdom, experience, and understanding of law in America than the whole of Congress.

    135. Re:19-0? by Anonymous Coward · · Score: 0

      It made it through a senate panel. A senate panel could pass felon gun permits. It will never make it out of the actual senate.

    136. Re:19-0? by mcgrew · · Score: 1

      So you're okay with me stealing your shit if I can say you weren't going to use it anyhow, and hence weren't deprived of anything?

      It's a stupid argument

      Yes, your argument is stupid. I wasn't using my ladder when it was stolen last week, and I don't need it this week, but I'm still deprived of it. When I need it again I'll have to buy a new ladder.

      If the theif had merely made a copy of my ladder I wouldn't be deprived of its use.

      Yes, copyright infringement is illegal, but it's not theft, any more than copyright infringement is rape or murder.

      If you have to resort to disingenuous, loaded rhetoric to get your point across, your point can't be very valid.

    137. Re:19-0? by billyoc · · Score: 1

      That's just the committee that decides whether or not the Senate should vote on the bill.

    138. Re:19-0? by Sepodati · · Score: 1

      Yes, both arguments are stupid, as I said. The bill never mentions "theft" or "steal", so what's your point? I never called copyright violations theft, either, I said it's a violation whether someone is deprived or not.

    139. Re:19-0? by Peristaltic · · Score: 1

      I am not arguing whether or not Joe Schmoe can or cannot protect himself from "The Man". This is an entirely different argument, one in which you and I probably agree.

      Talk to me instead about your opinions regarding groups of people acquiring, through technology to which you and I do not have access, wealth and power. Small groups of people are siphoning billions of dollars each week because they have technology- Technology that you and I don't have. It does not matter if there's a copy of Linux & truecrypt in every home and office in America- This does not change what the groups I've mentioned can and are doing.

      By the way-

      (so you say)

      There was no way I could have worked on the contract in the first place w/o signing NDA's and Non-competes. This group has enough money to sue me out of existence, even if I hadn't signed my life away. If they felt that their source of wealth was threatened, don't doubt for a minute that they would not do whatever was necessary.

    140. Re:19-0? by AliasMarlowe · · Score: 1

      All US congressmen and senators take an oath of office, which begins "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States..."
      It is definitely their job. Same for the president.

      Well, taking the oath is part of their job. Once they're in, they can forget about it and focus on the next revenue/re-election stunt.

      --
      Those who can make you believe absurdities can make you commit atrocities. - Voltaire
    141. Re:19-0? by LordLimecat · · Score: 1

      Once again, I dont think it is technology that is the enabler here. Youre simply remarking that "people with connections and money tend to be able to exploit the system". Thats NOT a problem of technology or its being withheld, and thats NOT a new issue.

      Can you name a piece of technology that we (the joe schmoes) cannot access, which if we could would grant us this power and wealth you keep talking about? Or is it largely useless without the contacts and financial/legal resources to properly exploit it?

    142. Re:19-0? by mcgrew · · Score: 1

      The bill never mentions "theft" or "steal", so what's your point?

      YOU said "So you're okay with me stealing your shit if I can say you weren't going to use it anyhow". You're the one stupidly equating copyright infringement with theft, not the bill. Oh, it works when your girlfriend says "I never said that" but it doesn't work in print.

      You said it. To say you didn't is just lying. I don't know if you're stupid or just trolling, but I'm not biting any more.

    143. Re:19-0? by Anonymous Coward · · Score: 0

      Foreign web site actively steal my intellectual property. I cannot stop them. They refuse to take MY stuff down. So, if MY government will help me stop them...I say 'go for it'!

    144. Re:19-0? by blair1q · · Score: 1

      "But it gets worse, as others have pointed out. When you have a site that may host some infringing content but also has non-infringing content that qualifies as protected speech, now what do you do?"

      I agree that's the gaping hole this law puts in due process.

    145. Re:19-0? by Sepodati · · Score: 1

      The point was about being deprived of something, whether it's theft, borrowing, whatever, and you know it. Just because someone is not deprived of something, it doesn't make that legal. I said: "Doesn't matter if someone is deprived or not, or how easy/hard it is, you're not authorized to make a copy."

    146. Re:19-0? by Anonymous Coward · · Score: 0

      A better analogy is someone lighting fireworks in their backyard. I shouldn't sue the neighbors if they watch even though it is at my own cost and only relatively because the cost doesn't change if they did watch. We have gotten all screwed up to the point where people think they own immaterial commodities and can turn a profit from them.

    147. Re:19-0? by Grishnakh · · Score: 1

      Exactly. You think Kim Jong Il cares that his country's economy is shit, and that people are starving? Not at all. He's in control, and he lives a life of luxury with yes-men answering to his beck and call.

      Our "leaders" don't care about the global economy at large, they only care about themselves and their own sociopathic lives. If screwing up the global economy in favor of a couple of criminal cartels makes them more money and buys them a bigger yacht, they're all for it.

    148. Re:19-0? by Grishnakh · · Score: 1

      I guess offshore DNS will become popular soon...

    149. Re:19-0? by Grishnakh · · Score: 1

      It's trivial to use a different DNS service. There's nothing technical that requires anyone to use the ICANN DNS system. It would be trivial for another country (that wanted to thwart the USA's "takedown" ("obfuscation" would be a more accurate word) of sites it didn't agree with) to set up their own competing DNS system. They could even link to the regular US-run system too, for domains they couldn't resolve, so users wouldn't be missing anything.

    150. Re:19-0? by ncc74656 · · Score: 1

      The majority of the population does NOT want to see this pass, yet it made it through the Senate with NO opposition?

      Considering it's from the same group of assclowns who rammed 0bamaCare down our throats, this shouldn't be a surprise.

      --
      20 January 2017: the End of an Error.
    151. Re:19-0? by Peristaltic · · Score: 1

      Youre simply remarking that "people with connections and money tend to be able to exploit the system". Thats NOT a problem of technology or its being withheld, and thats NOT a new issue.

      What is technology, without the human / social context in which to exploit it?

      ...is it largely useless without the contacts and financial/legal resources to properly exploit it?

      I'm unsure how to answer this question. In my previous example, these people were able to create the technology that they were then able to exclusively exploit- Are you saying that since this technology is not accessible to the masses because they don't have "the contacts and financial/legal resources to properly exploit it", this doesn't count as a problem of "technology or its being witheld"?

      This is turning into a graduate thesis, but I can't think of a better place than here to work the subject over. I don't know if I can find examples of limited-use technology that provide wealth for a limited few, that are not constrained by being "...largely useless without the contacts and financial/legal resources to properly exploit it?"

      How do you separate the two in real life?

    152. Re:19-0? by Grishnakh · · Score: 1

      Pretty sure they could restrict proxies to be in the country, guarenteeing that SOME ISP has the ability to filter things.

      How exactly would they restrict that? Anyone with a PC can set up a proxy, and the IP addresses could change daily. Unless the USG simply blocks all but certain whitelisted foreign IP addresses, there's no way they could block access, though they could make it a pain.

    153. Re:19-0? by Grishnakh · · Score: 1

      The next logical step would be to make it illegal for citizens to circumvent whatever filter mechanism they use (via anonymizing international proxies, for example).

      That's when it's time to open up the ammo box, because the Constitution and specifically the 1st Amendment is null and void.

    154. Re:19-0? by donut1005 · · Score: 1

      Go to a consistently red state and interview the voters. Ask them two questions:

      1. Do you want the government to have the power and control to intervene in private services and cut them off as they see fit?
      2. Do you want the military to be able to take control of the internet in case of terrists attacks?

      As a follow up, ask them why their answers to the two questions contradict.

      A majority of the population doesn't know what it wants.

      --
      3A 4E 22 05 C1 83 0B 7A
      It's random, but my posting it here is probably considered illegal to someone.
    155. Re:19-0? by X0563511 · · Score: 1

      No it doesn't - you're reading that into it. A court order is NOT due process.

      <analogy type="car">That's like calling a cylinder head an engine. It's not, even though it is a part of one. </analogy>

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    156. Re:19-0? by Abcd1234 · · Score: 1

      My entire point is that they should stop trying to restrict an action that hurts no one and actually fix the broken system that forces artists to try to utilize artificial scarcity.

      Err... how, exactly?

    157. Re:19-0? by Anonymous Coward · · Score: 0

      I think it would be safe to say that if they did, it would definitely be a GAF.

    158. Re:19-0? by cheekyjohnson · · Score: 1

      Artificial scarcity? Well, artists obviously can't participate in the current society if they don't get paid (either that or they would have to find a job that doesn't involve digital media). If (which I doubt would happen) everyone started pirating their digital media (which is in an unlimited supply) and stopped paying them, they wouldn't make any money off of it, and therefore couldn't produce more (unless they found other ways of making money) due to the fact that you must have money in order to live in the current society. Them or others attempt to stop piracy (which in reality doesn't hurt them in the first place) in order to personally gain from the pirates. Hence, artificial scarcity (they try, at least).

      --
      Filthy, filthy copyrapists!
    159. Re:19-0? by Abcd1234 · · Score: 1

      Artificial scarcity?

      Uh. No. I understand what the term "artificial scarcity" means. You said:

      My entire point is that they should stop trying to restrict an action that hurts no one and actually fix the broken system that forces artists to try to utilize artificial scarcity.

      I repeat: How, exactly?

    160. Re:19-0? by cheekyjohnson · · Score: 1

      Ah, sorry. I'm not exactly sure how you would fix the broken system that we have now, or even implement a new one. Much public support would be needed, which would be difficult to obtain given how many people seem to be content with the current system. I'm not even sure how it would work.

      But, my point isn't really to come up with a new system but to show that pirates are merely a symptom of the currently broken system and if they want to fix the "money problem" that these supposed suffering artists seem to have, they shouldn't be blaming pirates (which as I said, aren't hurting the artists) but their own broken system.

      --
      Filthy, filthy copyrapists!
    161. Re:19-0? by turkeyfish · · Score: 1

      and since when did that stop the republicans and other corporatists?

    162. Re:19-0? by turkeyfish · · Score: 1

      You must be joking. No one can be that much of a fool can they? You obviously don't spend much time trying to figure out who really pays these guys the big bucks.

    163. Re:19-0? by sumdumass · · Score: 1

      No one was arguing if the courts have the final say or not, I said that congress makes due process by defining laws.

      But hey, while you were going to Wikipedia, you should have looked up Due Process too. You see, the courts have absolutely no authority to make up laws, only Congress does. Courts are bound by law and the constitution and serve to administer the law in compliance with the constitution. The constitution gives congress the only ability to make law- except for some very rare occasions.

      Congress has also changed due process on a number of occasions in the past and they will likely do it again. One of these examples is by limiting or extending the time limits on allowable appeals or even the limits on time after a crime has been committed and that you can be prosecuted for. Congress has taken away the insanity plea which was started by the courts (well, the plea wasn't started by them, but the courts interpreted that one couldn't have a mens rea if they didn't have control of their own mind which in effect allowed people to get away with heinous crimes- which congress put a stop to).

      Another example is where they took all rights (constitutional or otherwise) away from members of the communist party. But I guess the most obvious example is where US law, created by congress, already sets out what is fair and equitable in the FEDERAL RULES OF CRIMINAL PROCEDURE There is also federal rules for civil procedures and appeals too.

    164. Re:19-0? by LordLimecat · · Score: 1

      If you read his post, your interpretation doesnt match. His complaint was that this bill would circumvent "due process" by allowing authorities to get a court order to act-- thus implying that getting said court order was outside of due process.

    165. Re:19-0? by Anonymous Coward · · Score: 0

      What do you mean "we" white man? Piracy is theft that creates low quality products. If you do not want to pay for something, boycott it and don't buy it.
      How would you feel if someone published all your private financial security information?? It is only electrons, right??

    166. Re:19-0? by X0563511 · · Score: 1

      I'd respond to you further, but It's hard to talk when my foot is lodged firmly in my mouth. ... color me an idiot.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    167. Re:19-0? by Anonymous Coward · · Score: 0

      The government shuts down Identity theft websites. And the web is still free. What is with all the hyperbole from pirates?? The world is not ending.

    168. Re:19-0? by ScrewMaster · · Score: 1

      is is not about benefits. it is about control.

      Yes, and the kind of "control" that these people are planning on instituting has effects far beyond the United States and its people. That's the fundamental problem here: the U.S.-centric thinking. Grishnakh, below, compared Congress to Kim Jong Il, he's not wrong in that sense, but it's not the same situation. NOBODY CARES if Kim Jong Il wants to screw around with whatever passes for Internet in his country. EVERYBODY cares when the U.S. does anything untoward with DNS, or even makes noises about doing so. In a way, it's the fault of other countries for making their economies just as depending upon the Internet and DNS as we have, but that's where we are.

      So yes, I understand very clearly that our august Congress is composed largely of hypocritical, self-centered foolish people who think that the Universe revolves are them and their stupid decisions, but it does not. Not now, not ever, but the fact is that U.S.-based entities are responsible for all thirteen root servers, and a lot of people are (rightly or wrongly) very nervous about that. Congress, if it had even half of a functioning collective frontal lobe, would think long and hard before even proposing to screw with the roots.

      The problem is, control of (or even perceived control of) the root servers is power, and while many people and governments around the world wouldn't care if our government is jerking us around, they will certainly see the writing on the wall, and will expect the Feds to eventually jerk them around too. It's inevitable: incrementalism at work, and our government is famous for it.

      --
      The higher the technology, the sharper that two-edged sword.
  2. Selling? by tmosley · · Score: 1

    Who PAYS for pirated material?

    And what procedures are in place to make sure this isn't abused? Can /b/tards get google, whitehouse.gov, or some other random website taken down with this? Sure sounds like it.

    1. Re:Selling? by Fluffeh · · Score: 1

      Can /b/tards get google, whitehouse.gov, or some other random website taken down with this? Sure sounds like it.

      Actually, lets hope so. It will prove just how stupid these laws are and how open to abuse they are.

      Lets do better, lets get the RIAA websites taken down. Now THAT would be sweet irony - their own stuff taken down by a law they pushed through.

      --
      Moved to http://soylentnews.org/. You are invited to join us too!
    2. Re:Selling? by RapmasterT · · Score: 1

      Who PAYS for pirated material?

      mp3fiesta.com, movieberry.com, etc...all pay sites for pirated material.

      And what procedures are in place to make sure this isn't abused? Can /b/tards get google, whitehouse.gov, or some other random website taken down with this? Sure sounds like it.

      did you miss the part about "court order"? that's a pretty large check and or balance.

    3. Re:Selling? by Monkeedude1212 · · Score: 1

      Can /b/tards get google, whitehouse.gov, or some other random website taken down with this?

      I'd be more concerned if /b/tards and anonymous got 4Chan taken down with this - after all, wouldn't it only take 1 shot from a copyrighted movie? (And if you've ever been to /gif/ you should know how many of those there are. You probably didn't notice it because its hidden amongst the porn though)

    4. Re:Selling? by tmosley · · Score: 1

      I never heard of either of them, nor have I heard of this "etc" you refer to.

      "Court orders" could always shut down websites, or do anything else in compliance with the law. If these websites are really doing something illegal, then why this law? Something stinks. Smells like totalitarianism.

    5. Re:Selling? by kyrio · · Score: 1

      4chan hosts pirated movies?

      Think before you type.

    6. Re:Selling? by Monkeedude1212 · · Score: 1

      No, but technically neither does Youtube - yet they are told to take down Copyrighted material.

    7. Re:Selling? by suutar · · Score: 1

      It's a two-parter. With a court order the ISPs et al are required to cooperate in shutting the site down. There's another list, that requires no court order, where the ISP doesn't _have_ to do anything... but if they do, they can't be sued for it.

    8. Re:Selling? by Anonymous Coward · · Score: 0

      I'd be more concerned if /b/tards and anonymous got 4Chan taken down with this

      I wouldn't. I would celebrate.

    9. Re:Selling? by sed+quid+in+infernos · · Score: 2, Informative

      after all, wouldn't it only take 1 shot from a copyrighted movie?

      No. It only applies to a site already subject to civil forfeiture (which means a bunch of things have been proven about it already) or that is "primarily designed, has no demonstrable, commercially significant purpose or use other than, or is marketed by its operator, or by a person acting in concert with the operator, to offer—" either copyrighted works "in complete or substantially complete form" "without the authorization of the copyright owner or otherwise by operation of law [which includes fair use]" or counterfeit goods, and the activity "when taken together" is "central to the activity of the Internet site or sites accessed through a specific domain name."

      So no, 1 shot from a copyrighted movie wouldn't do it.

    10. Re:Selling? by Jackie_Chan_Fan · · Score: 1

      There's a fucking war coming.

    11. Re:Selling? by Xaositecte · · Score: 1

      Protip: using the phrase

      "nor have I heard of this "etc" you refer to"

      is not funny, even as sarcasm or irony. It never will be either, in any circumstance.

    12. Re:Selling? by The_mad_linguist · · Score: 1

      Who PAYS for pirated material?

      People who aren't intentionally doing so. They think they're just getting a good deal on films from what looks like a reputable online seller.

    13. Re:Selling? by tmosley · · Score: 1

      What it means is that he can't figure out anything else, so he misuses the term to pretend like there are many more examples out there.

      Guess what, there aren't.

      And you're right, it is neither sarcasm nor irony, it's sardonism. Look it up.

    14. Re:Selling? by Anonymous Coward · · Score: 0

      I want those hallucinogens you take where the world is all unicorns and rainbows, due process hasn't existed in the US for a century.
      Thanks, do not want!
      I will not make any significant effort to make more than the minimum wage, just so the bozos in bureaucrat land can pay for their own circle jerk

    15. Re:Selling? by kyrio · · Score: 1

      You are obviously a moron if you are consistently making uninformed and moronic comments like this one that I'm replying to and many other examples in this article's threads.

  3. But the Internet isn't lawless! by K.+S.+Kyosuke · · Score: 2, Funny

    I, for one, welcome all my proud RFC-abiding fellow netizens.

    --
    Ezekiel 23:20
    1. Re:But the Internet isn't lawless! by drcheap · · Score: 1

      I, for one, welcome all my proud RFC-abiding fellow netizens.

      Those aren't laws.

      Not that being a "law" means much in the case many US laws either.

      Gravity...now there's a law ;)

  4. Vote by madnis · · Score: 1

    I vote to shut down this post.

  5. um...whut? by RapmasterT · · Score: 4, Insightful

    The Senate Judiciary Committee has voted 19-0 in favor of a bill that would allow the Department of Justice to seek court orders to shut down websites offering materials believed to infringe copyright.

    The DOJ needed a senate bill to allow them to "seek court orders"? Getting a court order is usually where the process for this sort of thing STARTS.

    1. Re:um...whut? by Anonymous Coward · · Score: 0

      May be the DoJ (as opposed to private entities) was not previously allowed (/required?) to pursuit copyright infringement cases and now it is possible.
       
      PS: I have no clue about the Judiciary system in the US, so dont flame me.

    2. Re:um...whut? by Daniel+Dvorkin · · Score: 1

      Well, you can't get a court order for something unless the law provides for it. It's not like courts can issue orders for the hell of it -- the cops can't just go to a court requesting an order to throw you in prison, for example. Up until now, the DOJ has had no authority to block access to websites at all, AFAIK. This law would allow them to do so if a judge goes along with it.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    3. Re:um...whut? by Anonymous Coward · · Score: 0

      Yea, but that takes time. This sort of thing implements technical measures for authorities to just 'flip the switch' , and the DNS record goes bye-bye... (curious of said technical implementation)

      I'm wondering if we can get /. put on the primary target list as a test case if this thing unfortunately passes into law.

    4. Re:um...whut? by bmk67 · · Score: 1

      May be the DoJ (as opposed to private entities) was not previously allowed (/required?) to pursuit copyright infringement cases and now it is possible.

      They are where the infringement falls under criminal law.

    5. Re:um...whut? by Anonymous Coward · · Score: 0

      The thing about copyright infringement (at least the non-criminal variety) is that it is not the Government's job to police it.

      Sure, the Government grants the artificial monopoly in the first place. And it provides courts for private parties to settle their differences. And it even provides the DMCA takedown process. But at the end of the day, if one of the *AA members wants to sue over a copyright infringement that isn't a criminal case, it is their responsibility to pay for the lawyers and investigators, not the Government's.

      This bill would change that and shift the bill from the *AA members to you and me and all of the other taxpayers, while simultaneously changing the nature of the civil cases from Party A versus Party B to The Federal Government versus Party B.

    6. Re:um...whut? by turkeyfish · · Score: 1

      You are obviously still living in yesterday.

  6. Good Intentions by ModernGeek · · Score: 1

    I can see the good intentions of the legislators, but I'm also worried about the execution and application that this may bring. Waiting for comments about the lawmakers being bought out and the end of the Internet as we know it.

    --
    Sig: I stole this sig.
    1. Re:Good Intentions by Amouth · · Score: 1

      this might pass - and within a few years of abuse i'm betting the USA won't have a single root DNS server left..

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
  7. In the mouth of madness by Anonymous Coward · · Score: 0

    Copyright insanity prevails

  8. So the U.S. Represents the world, right?? by Anonymous Coward · · Score: 0

    Time to move my server and registrar overseas.

    1. Re:So the U.S. Represents the world, right?? by FunPika · · Score: 1

      And then they will instead have your server blocked Great Firewall style.

      --
      After years of not using a signature, I am going to make one to say the following: Fuck Beta
  9. Well... by cobrausn · · Score: 1

    At least this sets the precedent of requiring a court order to shut down a website, and not just the word of some bureaucratic or politician.

    --
    How does it feel to be a liar with pants constantly on fire?
    1. Re:Well... by cobrausn · · Score: 1

      *bureaucrat

      --
      How does it feel to be a liar with pants constantly on fire?
    2. Re:Well... by eln · · Score: 2, Insightful

      Sure, then all they need to do is find a friendly judge that will rubber-stamp these types of requests. I'm sure there are plenty of federal judges who have bought the **AA's propaganda enough to agree to shut down any website they're asked to in the name of protecting copyright.

      A court order should not be enough to shut down someone's free speech rights. If they want to shut down a website they should have to actually bring charges against the website owner, and have the site shut down only following an actual conviction.

    3. Re:Well... by Anonymous Coward · · Score: 0

      You probably missed the part where domain name registrars can "voluntarily" shut down domains they believe to be infringing, and be immune from lawsuits if they do.

    4. Re:Well... by cobrausn · · Score: 1

      A court order should not be enough to shut down someone's free speech rights. If they want to shut down a website they should have to actually bring charges against the website owner, and have the site shut down only following an actual conviction.

      I agree, but I don't see game and music torrent hosting as a free speech issue. I don't anticipate it being applied only there, though.

      --
      How does it feel to be a liar with pants constantly on fire?
    5. Re:Well... by TheEyes · · Score: 1

      Sure, then all they need to do is find a friendly judge that will rubber-stamp these types of requests. I'm sure there are plenty of federal judges who have bought the **AA's propaganda enough to agree to shut down any website they're asked to in the name of protecting copyright.

      Or just want to get some extra money for their district. I remember reading an article about how one court district in east Texas is making millions off of lawyers and lobbyists by being more amenable to copyright/patent litigation.

    6. Re:Well... by suutar · · Score: 1

      You didn't see the other part of the bill, I see. The one where there's a second list, that doesn't involve a court order and doesn't require the site to be taken down... but if it is, the ISP can't be sued.

    7. Re:Well... by SuricouRaven · · Score: 4, Insightful

      I imagine it'll be used in a similar way to DMCA requests are now as a means to silence criticisms. Imagine, just as a hypothetical example, the Church of Scientology seeking court orders to shut down sites that expose the very strange teachings of their higher level texts. Or a software company trying to surpress news of a security breach by shutting down any sites publishing it, on the grounds that the exploit requires the modification of copyrighted code, or a celebrity trying to stop the distribution of some embarassing video that escaped from a private party or a members-only invited speech. All things that the DMCA has been used for in the past - but this new measure is somewhat more effective, because if the recieving end doesn't comply you can just have their server unplugged or site blocked rather than having to spend weeks on civil action that would more likely than not just lead to the undesired embarassment being further publicised.

    8. Re:Well... by Anonymous Coward · · Score: 0

      You're looking at the original version of the bill. The latest amended version doesn't include the second list; instead, it permits domain-name registries, registrars, financial transaction providers, and advertisers to take action against any domain that they believe is dedicated to infringing activities. The bill grants these entities immunity from all liability resulting from these "voluntary" actions.

    9. Re:Well... by Sepodati · · Score: 1

      The sites still has to have a primary purpose of infringing on copyright. A news site reporting on a security breach / exploit does not have that primary purpose. Neither, I presume, would your blog where you leak some scientology texts. The copyright owners would have to come after you some other way.

    10. Re:Well... by xenobyte · · Score: 1

      The Pirate Bay doesn't even have a primary purpose of infringing on copyrights... Its primary purpose is file sharing. They just don't care about copyrights, nor acknowledge them in any way other than making fools of those stupid enough to think that US laws apply outside the US.

      --
      "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
    11. Re:Well... by SuricouRaven · · Score: 2, Informative

      "The sites still has to have a primary purpose of infringing on copyright." All those examples I made above have actually happened. The DMCA's takedown system is intended for sites which have the primary purpose of infringing on copyright, but that doesn't mean those were the *only* sites it ended up used against. For example, the Church of Scientology used a DMCA takedown notice to remove a video on youtube of Cruise giving a speech at one of their private functions, and have used DMCA notices to close down sites posting their texts for criticism. Not only can they use the DMCA to silence critics: They have. In the video case, it backfired.

    12. Re:Well... by Sepodati · · Score: 1

      Yes, primarily file sharing productions that are copyrighted in the US and require permission to be redistributed. US laws don't apply to TPB, so it won't go anywhere, but you shouldn't be able to access the site from the US.

    13. Re:Well... by Sepodati · · Score: 1

      > The DMCA's takedown system is intended for sites
      > which have the primary purpose of infringing on
      > copyright

      Where in the DMCA does it state that? I thought it was written to address individual abuses, regardless of the sites intent.

    14. Re:Well... by SuricouRaven · · Score: 1

      Sort-of-in-a-way. Remember that it passed in 1998. That's seven years before youtube was even created. The DMCA does talk about content, and hosting providers - but as originally envisioned, those terms didn't mean a file hosted by a public image or video site: Such things barely existed at the time. The DMCA does apply to them today, but it was originally written with regard to websites - the *only* serious concern with web copyright at the time. Even Napster wasn't around until three years later.

    15. Re:Well... by turkeyfish · · Score: 1

      If you can get a judge for a few tricks and some cocaine, how hard would it be to buy one for a million bucks? Its becoming common place.

  10. What? by Monkeedude1212 · · Score: 4, Insightful

    We cannot excuse the behavior because it happens online and the owners operate overseas.

    Why not? You can excuse the behavior if it happens offline and the owners operate overseas.

    Or are there American law enforcement officials going and raiding shops in China that are selling pirated copies of Windows?

    And I don't think letting the DoJ decide who gets shut down or not is entirely fair. You know that Google/Youtube ends up hosting copyrighted material every now and then - and then they get notified and they end up taking it down (or taking out the audio track). So if I host a little site for me and a few role players - and one of them posts a bit of a DnD Manual - am I at risk of my website being cut off from Americans without notice? Or worse - taken down entirely somehow?

    1. Re:What? by Monkeedude1212 · · Score: 1

      Appears I missed the part about a "Court Order" - ha! Overreaction at its finest.

    2. Re:What? by Stregano · · Score: 1

      If this made it through the senate at 19-0 with no opposition, do you honestly think it will be that hard to get a court order?

      --
      The world is how you make it
    3. Re:What? by Caerdwyn · · Score: 1

      So here's a question. Does the takedown happen before, or after, a trial before a jury of my peers?

      Court order, my millimeter-wave-imaged ass.

      --
      Everybody gets what the majority deserves.
    4. Re:What? by Anonymous Coward · · Score: 0

      I didn't know the senate could give out court orders.

    5. Re:What? by theskipper · · Score: 2, Interesting

      Not to mention the potential of Joe jobs. Could be a brand new market segment for the cracker crowd, catering to a company's competitors. All with the blessing of our laws.

    6. Re:What? by Anonymous Coward · · Score: 0

      The only reason they can do it online is because it is easier to enforce and they can do it from here (not saying that it's right or that there won't be loop holes)

    7. Re:What? by VortexCortex · · Score: 1

      It appears you also missed the part about the "temporary" injunction, that does take the site "down entirely" before you have a chance to appear in court, this based only on an accusation.

      You're guilty until proven innocent beyond shadow of a doubt.
      If anything you've under-reacted.

      Also, take a look at the hoops you must jump through to get off the black-list... I wonder if GoDaddy will charge extra for "premium" blacklisted domains?

    8. Re:What? by Adrian+Lopez · · Score: 1

      Appears I missed the part about a "Court Order" - ha! Overreaction at its finest.

      Sure there's a court order, but there's no trial. A domain can be shut down on the US Attorney General's say so, with only the need for a judge's rubberstamp to make it official. That is the problem with COICA, and the reason I oppose it.

      MPAA loves this law because it does away with the need to prove by either the preponderance of the evidence (for civil claims) or beyond a reasonable doubt (for criminal infringement claims) that a website is indeed infringing.

      --
      "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
    9. Re:What? by Sepodati · · Score: 2, Interesting

      It appears you also missed the part about the "temporary" injunction, that does take the site "down entirely" before you have a chance to appear in court, this based only on an accusation.

      No, it's based on initial evidence provided to a judge who issues the order. A rubber stamping judge is a problem, but that kind of judge existing doesn't mean the bill is necessarily bad.

      You're guilty until proven innocent beyond shadow of a doubt.

      Your presumption of innocence only applies in the court. Cops don't assume your innocent when they pull you over for speeding. If you go to court, though, you have the presumption of innocence and the cop must prove you guilty.

      Also, take a look at the hoops you must jump through to get off the black-list... I wonder if GoDaddy will charge extra for "premium" blacklisted domains?

      What hoops? The bill just says the AG will "establish and publish procedures" to get removed from the list. It could be hoops or it could be as simple as a web form. There are no details.

    10. Re:What? by herojig · · Score: 1

      No, there are no American Piracy Cops raiding shops in China, or anywhere else in Asia that I have been. In Nepal, it's 100% legal to sell copies of software, movies, etc. unless that IP is owned by a Nepali. Then you can get in trouble. I have noticed they are cracking down in places like Bangkok (where it is illegal kind of), but only if you are openly selling kiddie porn along with Windows 7. It's a big planet out there, and I doubt these decisions by the Senate will impact the rest of us in the "under developed" world, unless Demonoid is somehow shutdown completely.

      --
      I think therefore I can't be ~TTNH
  11. What could possibly go wrong ? by AftanGustur · · Score: 1

    ..shut down websites offering materials believed to infringe copyright.

    This won't be abused .. no way ..

    --
    echo '[q]sa[ln0=aln80~Psnlbx]16isb572CCB9AE9DB03273snlbxq' |dc
  12. DNS and shit hitting the fan by VGPowerlord · · Score: 4, Interesting

    Dear U.S. Government,
    Remember when the shit hit the fan over the U.S. Government's control over the root DNS servers a few years back?

    Welcome to part 2.

    Sincerely,
    The Rest of the World

    --
    GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
  13. Legislators + Technology = Trainwreck by Tangential · · Score: 2, Insightful

    Its very difficult to come up with an example of the legislative branch (or the judicial or the executive for that matter) doing a thorough, cogent job of dealing with technology and the law.

    For the most part, their investors..er...campaign donors tell them what to believe and how to vote and that is as deep as it goes.

    The sad thing is that over time, we'll end up with some legislators who get it, but by then, the current level of corruption will have been instiitutionalized and they will be so unacquainted with the Constitution and ethics and so beholden to the donations of their masters that it won't make much difference.

    --
    Suppose you were an idiot. And suppose you were a member of congress. But then I repeat myself. -- Mark Twain
    1. Re:Legislators + Technology = Trainwreck by Archangel+Michael · · Score: 1

      Digital Law is bogus.

      Let me explain. Things that should be "legal" are made clear with the digital age. Information is not a crime. Knowing how to build a Nuclear Reactor is not a crime. Knowing how to slim jim a car, is not a crime. Having a gun, is NOT a crime.

      You see, crime is crime. You cannot STOP a crime by preventing access to tools to commit a crime. You only make it more difficult.

      This line of thinking ALSO applies to the security theater done by the TSA and other agencies. However we have a populace that completely wants to live in safety and security and is willing to live in a tyranny to achieve that, just as long as it is a "nice tyranny".

      Freedom to say evil things needs to exist or else we're doomed to people defining what is "evil" to prevent others from speaking it. Hate speech should be the most protected of all speech or we don't really have free speech.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    2. Re:Legislators + Technology = Trainwreck by VortexCortex · · Score: 1

      Also Note:
      "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety."
      - Benjamin Franklin

    3. Re:Legislators + Technology = Trainwreck by Anonymous Coward · · Score: 0

      Its very difficult to come up with an example of the legislative branch (or the judicial or the executive for that matter) doing a thorough, cogent job of dealing with technology and the law.

      You're not lying. The whole premise of the bill (s3804) is that, if a site is infringing, make (some) DNS servers not resolve the IP correctly or steal and lock the domain name. The whole thing is a joke and destined to fail.

      (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.

      ‘(2) NONDOMESTIC DOMAINS-

      ‘(A) ENTITY TO BE SERVED- In an in rem action to which subsection (d)(2) applies, the Attorney General may serve any court order issued pursuant to this section on any entity listed in clauses (i) through (iii) of subparagraph (B).

      ‘(B) REQUIRED ACTIONS- Upon receipt of a court order issued pursuant to this section--

      ‘(i) a service provider, as that term is defined in section 512(k)(1) of title 17, United States Code, or other operator of a domain name system server shall take reasonable steps that will prevent a domain name from resolving to that domain name’s Internet protocol address;

      ‘(ii) a financial transaction provider, as that term is defined in section 5362(4) of title 31, United States Code, shall take reasonable measures, as expeditiously as practical, to prevent--

      ‘(I) its service from processing transactions for customers located within the United States based on purchases associated with the domain name; and

      ‘(II) its trademarks from being authorized for use on Internet sites associated with such domain name; and

      ‘(iii) a service that serves contextual or display advertisements to Internet sites shall take reasonable measures, as expeditiously as practical, to prevent its network from serving advertisements to an Internet site accessed through such domain name.

  14. More like handing out xerox copies in the park. by gam3 · · Score: 2, Insightful

    Just like a digital store, except that nothing is being sold.
    So like a digital free box, or giving away a used DVD, or
    letting your neighbor come over and watch the ballgame on you TV.

    1. Re:More like handing out xerox copies in the park. by SuricouRaven · · Score: 1

      "letting your neighbor come over and watch the ballgame on you TV"
      I wonder how long that will be legal...

    2. Re:More like handing out xerox copies in the park. by gmuslera · · Score: 1

      You put a photo of a fashion model in a tree, so people passing around could see it. The association of fashion designers sue for 30 millons a boy that took a photo of that tree with his cellphone, and the government closes the park.

  15. Wake me... by countSudoku() · · Score: 1

    when they get to the SneakerNet Shut-Down Bill? Thanks! Why aren't the New Tea Partiers stopping the insanity... wait, nevermind. Smells like more government, this MUST be those dang Demo-crats again, tarnations!!(!

    --
    This is the NSA, we're gonna geet U h@x0r5! Also, what is a h@x0r5?
    1. Re:Wake me... by Corant · · Score: 1

      They're not stopping this because they're not sworn in yet.... Not saying they would mind you, in fact I'd lay good money that a goodly chunk of them would support it.

    2. Re:Wake me... by SuricouRaven · · Score: 1

      Tea-partiers? They wouldn't support, they wouldn't oppose. They wouldn't care. While they may talk a lot about the evils of big government, they still hold to their social conservative roots: The issues most important to them are religion, homosexuality and abortion.

    3. Re:Wake me... by LordLimecat · · Score: 1

      Im pretty sure the "New Tea Partiers" arent actually in office yet (at least not till next year), nor are they members of the Senate Judiciary Committee. And while the republicans on the committee DID vote in favor of it, Ill note that democrats make up a huge majority of the Committee (12 dems, 7 repubs, and headed by a dem). So yes, in one way (not to exonerate the republicans), it WAS those "dang Demo-crats" again, seeing as the committee is in their control.

  16. Write to your representatives! by Avoid_F8 · · Score: 1

    Slashdotters, WRITE to your representatives and let them know this is not something that has universal support. That is, write a handwritten letter, so it can't be as easily ignored. Talk to your colleagues and let them know about this bill and what it will do.

    For those of you who haven't been keeping up with this: this is a bill that will undoubtedly harm the Internet as a platform for free speech.

    The least we can do is put up a fight.

  17. A New Weapon... by BJ_Covert_Action · · Score: 1

    So, does this mean that I can now accuse politicians that I don't like of hosting infringing materials on their website to get them shut down? I would have killed for that ability three weeks ago.....

    Are the politicians currently in power sure they want to give us plebs that ability? =)

    1. Re:A New Weapon... by suutar · · Score: 1

      Sure. You have to get the Attorney General to agree with you before the site goes on the list. Good luck with that.

  18. Conflict of interest on the part of TV news by tepples · · Score: 2, Interesting

    it also matters how MUCH each person cares about each issue....that is how they prioritize such things in electing a representative.

    But in practice, it also matters that the television news organizations have a conflict of interest. On the one hand, they should present all issues and all candidates to the public, but on the other hand, they all share a corporate parent with a movie studio in the MPAA.

  19. "or dangerous" by Caerdwyn · · Score: 5, Insightful

    So what's this "or dangerous" bit? Ammunition? Websites promoting cults? Websites attacking cults? Websites selling material that promotes anything that senators don't like, like free thought, opposing political positions, naked bodies that they can't grope for themselves?

    This ain't about piracy, people.

    --
    Everybody gets what the majority deserves.
    1. Re:"or dangerous" by Anonymous Coward · · Score: 0

      I'm hoping people will carefully scrutinize campaign websites for stock photos, text, or other materials for which proper copyright clearance hasn't been obtained. Never mind that copyright often allows fair use for purposes such as political comment. "Stealing" is "stealing", and the law is the law :-)

    2. Re:"or dangerous" by Frodo · · Score: 1

      It's never about piracy or drugs or security or health or children or anything like that. It's always about control over your life. And they are getting more of it every day.

      --
      -- Si hoc legere scis nimium eruditionis habes.
    3. Re:"or dangerous" by Wowsers · · Score: 1

      Dear citizens of The United States,

      As you are aware in these uncertain times, there are people who do not always think the way we do, so for your "safety", we have decided to draft this law, and we will start to use it by banning all websites that are not supporting either Democrats of Republicans. Democracy is dangerous, so we care taking that danger out for you.

      Yours Sincerely,
      The best Senators money CAN buy.

      --
      Take Nobody's Word For It.
    4. Re:"or dangerous" by warGod3 · · Score: 1

      Yeah, "dangerous" is the key word. It is VERY subject to interpretation.

      Factor in that organizations can be labeled as terrorist organizations with ease, for the most since the organization and the government don't have the same views. People get arrested for things that come damn close to violating the US Constitution, and when they are arrested, they could spend their lives and/or fortunes trying to fight the charge.
      Yes, the can have a warrant to seize machines/shut down web sites, but, the people that will truly profit from this are the MPAA and RIAA. I mean if they don't like a video game site... down it goes. We seem to be on the verge of reverting to McCarthyism...

      --
      "Be polite, be professional, but have a plan to kill everybody you meet." General James Mattis
    5. Re:"or dangerous" by turkeyfish · · Score: 1

      Corporations have you and everyone else by the balls. Just get used to it or someone's lawyer will be soon paying you a visit.

  20. "If they existed in the physical world [...]" by the+bluebrain · · Score: 2, Funny

    Couldn't they at least have come up with a decent car metaphor, if they're going to mistake the map for the terrain anyway?

    --
    yes, we have no bananas
  21. Senator's Websites by Anonymous Coward · · Score: 0

    In the 15 seconds it took me to go to Kirsten Gillibrand's official website, I picked one random image and reversed searched it.
    The image:
    http://gillibrand.senate.gov/images/contact/office_nyc.jpg
    It turns out that this is the person who took the photo:
    http://commons.wikimedia.org/wiki/User:Dschwen

    I'm assuming that we would have to contact him to see if Ms. Gillibrand is properly using the photo. It's no problem if this example (literally the first try out of very many potential infringements) is totally legit, as we I'm sure we will be able to find one image on one of the websites of these Senators that is infringed. The Senators themselves, of course, did not make these websites, and moreover do not know what they are voting on. My point is that this will, if completely passed and signed, undoubtedly be used for nefarious political purposes and the quelching of free speech in the near future.

    1. Re:Senator's Websites by sed+quid+in+infernos · · Score: 1

      One infringing photo is not enough. The bill (which I've already linked twice, so won't again) is very clear about that.

      This kind of advocacy is NOT effective. It's one thing to disagree with a bill by explaining cogently and carefully the negative effects it will have. It's another to make up a cartoon villain twirling a handlebar mustache and disagree with THAT instead. The former is useful. The latter is the opposite of useful - it's detrimental to those who want to stop the bill.

  22. "believed to infringe copyright" . . . ? by PolygamousRanchKid+ · · Score: 1

    "believed to" . . . whatever happened to "proved, beyond a reasonable doubt?" All "in Soviet Russia" jokes aside, this sounds like being able to "denounce" someone, and get them shipped off to the Gulag. If you can prove that a site it infringing on copyrights, fine shut them down. However, if the charge is, "I think that it might be possible that this could be potentially infringing on copyrights that might be possibly owned by someone" . . . no, thanks.

    Is there something in US law about "due process?"

    --
    Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    1. Re:"believed to infringe copyright" . . . ? by Anonymous Coward · · Score: 0

      You misunderstand what "due process" means. It means following the law, and if this is the law, then following it is "due process".

    2. Re:"believed to infringe copyright" . . . ? by Mashiki · · Score: 1

      "Due Process" also implies innocence before guilt, unless you're in France, or a 3rd world dictatorship.

      --
      Om, nomnomnom...
    3. Re:"believed to infringe copyright" . . . ? by sed+quid+in+infernos · · Score: 1

      Don't worry. "Believed to" is not in the bill. It's just in the inaccurate summary of the bill.

    4. Re:"believed to infringe copyright" . . . ? by Eskarel · · Score: 1

      Injunctions don't work like that. They don't let you just keep doing the thing they believe to be illegal because they haven't proven it's illegal yet. They get a court order telling you to stop pending the results of the case before the court. This isn't actually unreasonable, pointless perhaps, and if you're of the "information wants to be free" crowd you might object to it on a philosophical bent, but really this isn't any different than what they do in the physical world.

  23. SUPER!!! by Rivalz · · Score: 0

    Does this apply to email hosts with webmail? Just think of all the people who infringe on my copyright material when they forward my email to other people.
    I think with a little bit of ingenuity using this I can take down RIAA, MPAA ect.

    Now I can shutdown Google, Bing, Yahoo, Youtube, Flickr, Facebook with just the content other people I know have made available that I own the copyright on.

    THIS IS THE GREATEST THING EVAR!!!!!
    With this BILL and just a 1000$ in legal expenses I think I can shut down the entire internet.

    DIE YOU FASCIST COPYRIGHT STEALING SCUM

  24. Believed to infringe? by noidentity · · Score: 1

    Hi, you've got a nice website there... you wouldn't want someone so start believeing that it infringes on copyrights, would you?

  25. This may be the uninformed pursuing a lost cause. by whizbang77045 · · Score: 1
    Sorry, U.S. Senate, but when we made it possible to make digital copies of things, we opened Pandora's box. Trying to enforce intellectual rights is laudable, but possibly impossible in a digital age, with world-wide connectivity.

    They may very well shut down a few U.S. sites, but it will be darned near impossible to shut down all the sites in third world countries.

    Unlike the U.S. Senate, I have no idea what the solution is. I do think a lot of time and money could be spent trying to run this down and enforce it, only to have it move somewhere else.

  26. Open Source Democracy by Anonymous Coward · · Score: 5, Interesting

    It is amazing how often people rail against the lack of democracy in the modern world, and how few are willing to do anything about it.

    "What can we, mere peons, do?" you might ask. Well, you can start by working on the one and only hope you have: open sourcing governance.

    1. Re:Open Source Democracy by shentino · · Score: 4, Insightful

      We do plenty.

      Us smart folks that have a clue though just get drowned out in the noise among the sheep that get hynotized by corporate run media that sponsors these egregious rights violations in the first place.

      Not to mention that this is a lame duck session taking place after we've already given them notice to quit.

      They already know damn well we can't do a thing.

      What are they going to do? Get impeached by their buddies eating out of the same trough?

    2. Re:Open Source Democracy by citizenr · · Score: 5, Interesting

      "What can we, mere peons, do?" you might ask.

      Form the resistance. Decapitate senators that voted against people. Worked for France during the revolution.

      --
      Who logs in to gdm? Not I, said the duck.
    3. Re:Open Source Democracy by Anonymous Coward · · Score: 1, Interesting

      Therefore... participate in the Metagovernment project and you can actually work on the project that will allow you to take control of your democracy.

    4. Re:Open Source Democracy by Anonymous Coward · · Score: 0

      Are you in the process of forming the resistance?
      Are you actively working to decapitate Senators?
      Are you prepared to be ass-raped by the FBI long before you accomplish any decapitations?

      No, of course you doing no such thing.
      You're just spouting random bluster with absolutely no intention of doing anything except let the man continue to walk all over you. Yea! +5!!!!

      If you had instead read the linked page, you could have learned what you actually can do right now to start making things right.

    5. Re:Open Source Democracy by TapeCutter · · Score: 1

      Worked for France......right up until they handed the job to the short guy with the dodgy arm.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    6. Re:Open Source Democracy by Dodgy+G33za · · Score: 4, Informative

      Actually I think you will find it pretty much didn't work from the get-go. Robespierre (Maximilien François Marie Isidore de Robespierre to give him his full name) was instrumental in getting laws passed where people could pretty much be executed on a whim.

    7. Re:Open Source Democracy by overtly_demure · · Score: 1

      Net Army Faction. You know what to do.

    8. Re:Open Source Democracy by Anonymous Coward · · Score: 0

      Amen brother! This government needs to shrink. Now I voted mainly Republican in this election, but I'm all for whoever will do some serious sculpting on the US gov. We need to first, stop introducing laws, and second begin repealing them.

      Leahy is from Vermont, which means they're very liberal up there. I find the liberal bent is to view government as a mix of Robin Hood, Santa and a Police officer. They just don't see the world clearly.

      Vermont -- get Leahy out!

    9. Re:Open Source Democracy by ShooterNeo · · Score: 1

      This causes more problems than it solves. Look what happened to the average peon of France after the Revolution...

    10. Re:Open Source Democracy by davester666 · · Score: 3, Funny

      Hah.

      I can make a real difference. I joined the Illuminati!

      --
      Sleep your way to a whiter smile...date a dentist!
    11. Re:Open Source Democracy by ThatsNotPudding · · Score: 1

      Form the resistance. Decapitate senators that voted against people. Worked for France during the revolution.

      If you are ever released, you must tell us what the inside of a Party Van looks like.

    12. Re:Open Source Democracy by Anonymous Coward · · Score: 1, Interesting

      I'm all for whoever will do some serious sculpting on the US gov. We need to first, stop introducing laws, and second begin repealing them.

      The people in office have no incentive to sculpt the government or to repeal laws. They benefit from the system being the way it is: it gives them power and political influence.

      Any representatives you just voted in who has been spouting high-minded ideals either: 1. were lying to you or 2. will be corrupted in the next couple of years as their corrupt peers welcome them to the machine.

      Voting for Republicans or for Democrats will never solve the problem because both parties are equally invested in the system which actively works against you.

      Again, the only real hope you have is to open source the way we do governance. Read the site, especially about collaborative governance, and give it some thought. Maybe even join in.

    13. Re:Open Source Democracy by Anonymous Coward · · Score: 0

      Nobody wants to hear your realism.

      This is slashdot: this is pretend time. Here we are all level 72 champions who can smash tyrants with a single thought. Your way sounds like it would take a little work. Yuk.

    14. Re:Open Source Democracy by Geotopia · · Score: 1

      People (Americans) ARE doing something, they are moving the seeds of discord and chaos from their midst back to the Congress, effectively restoring a balance of power. Of course those that like big authoritarian governments that like to tell people how they can use the Internet and for whom every burr under the saddle becomes a platform for long speeches, these sycophants and their small but vocal band of lemmings would term it as "Gridlock", but isn't that the ultimate achievement of a democratic form of government - to hamstring authoritarian tendencies in government and force deliberation and hinder fiat compulsion of the masses?

      I like the Leahy quote:

      "If they existed in the physical world, the store would be shuttered immediately and the proprietors would be arrested."

      The response:

      "yeah, but they don't exist in the physical world, so shut up with your false analogies!"

    15. Re:Open Source Democracy by turkeyfish · · Score: 1

      You obviously don't seem to understand how the system works. If you don't own your own politicians you have no say. Its as simple as that.

  27. If it works for China... by Target+Practice · · Score: 4, Insightful

    Love this part under Non-Domestic Domains, Required Actions...
    (i) a service provider ... or other operator of a domain name system server shall take reasonable steps that will prevent a domain name from resolving to that domain name’s Internet protocol address;

    So, we'll just refuse to resolve any domains that are outside the jurisdiction of the US, but that are deemed to offend the standards listed here? This, to me, sounds a bit like that whole filtering of information thing that Secretary Clinton said was a Bad Thing in China.

    --
    There's a 68.71% chance you're right.
    1. Re:If it works for China... by Anonymous Coward · · Score: 0

      she's right it's a bad thing IN CHINA.

      But not here, because everything America does is A-OKAY

  28. What's Leahy's deal? by Trepidity · · Score: 2, Informative

    Leahy seems to always be at the forefront of these draconian pro-IP laws. On non-copyright/patent/etc. related issues, he's actually fairly civil-libertarian, so it doesn't seem like he's one of those authoritarians for whom more government police power for its own sake, and copyright infringement is just a convenient excuse for introducing them (the way many Republicans are on "terrorism"). It seems he actually does want strong enforcement of copyright laws, and that that's his motivator, not an excuse. But he's Senator for Vermont, a place not exactly known for its large media industry. It would make more sense to me if he were from CA or FL or something.

    Now that he's become one of the media industry's bet friends in Washington, he gets a bunch of media donations, which could explain his continued advocacy on the subject. But how did a Senator from VT end up in that position in the first place? Personal conviction? Opportunism?

    1. Re:What's Leahy's deal? by Anonymous Coward · · Score: 0

      Leahy seems to always be at the forefront of these draconian pro-IP laws. On non-copyright/patent/etc. related issues, he's actually fairly civil-libertarian, so it doesn't seem like he's one of those authoritarians for whom more government police power for its own sake, and copyright infringement is just a convenient excuse for introducing them (the way many Republicans are on "terrorism"). It seems he actually does want strong enforcement of copyright laws, and that that's his motivator, not an excuse. But he's Senator for Vermont, a place not exactly known for its large media industry. It would make more sense to me if he were from CA or FL or something.

      What's funny is that the only person at the meeting today who showed anything approaching concern was Dianne Feinstein.

    2. Re:What's Leahy's deal? by Daniel+Dvorkin · · Score: 1

      Now that he's become one of the media industry's bet friends in Washington, he gets a bunch of media donations, which could explain his continued advocacy on the subject. But how did a Senator from VT end up in that position in the first place?

      Being a Senator is sufficient; where he's from is pretty much irrelevant. DC is absolutely packed with lobbyists whose job it is to find out which politicians can be bribed, and if you're vulnerable to corruption on any issue, they'll find you and get you in their pockets. They don't care where you're from; a vote from Vermont counts exactly the same as one from California. It may actually be easier to do this with Senators from small states than from large ones, since I'd expect it costs a lot less to run a senate campaign in Vermont than it does in California (or Florida, or New York, or Texas) and so the value to the Senator of a given campaign contribution is proportionally greater.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    3. Re:What's Leahy's deal? by Cornwallis · · Score: 1

      I'll tell you why he does this. He's the epitome of the stereotypical starfucker.

      He's real proud of his goddamned Batman collection (remember his cameo in the movie?) and when he chaired the Senate Agriculture committee he arranged "expert" testimony on the farm crisis in the late 80s in the form of Sissy Spacek, Jessica Lange and Sally Fields - who's only claim to expertise in the subject was by virtue of starring in movies on the subject. Look how often he and Utah's Hatch roll over for their media buddies. Fuck him. He's a hack.

    4. Re:What's Leahy's deal? by keithjr · · Score: 1

      I'd say probably opportunism. They come to him with donations, big ones. Then he goes back to them when relevant laws come up, to get their preferred stance. Then he gets more donations for his next campaign. It is odd, I will admit, that Big Content has that much stake in VT. But if he's on the committee, then it's not too shocking that they would seek him out.

  29. Just web sites? by booyabazooka · · Score: 2, Insightful

    So other Internet stuff like FTP is still safe?

    1. Re:Just web sites? by Paracelcus · · Score: 1

      These morons never heard of FTP/SFTP, NNTP, Telnet, SSH or any of the older deprecated protocols.

      --
      I killed da wabbit -Elmer Fudd
    2. Re:Just web sites? by SuricouRaven · · Score: 1

      To a non-techie, the web *is* the internet.

    3. Re:Just web sites? by ScrewMaster · · Score: 1

      These morons never heard of FTP/SFTP, NNTP, Telnet, SSH or any of the older deprecated protocols.

      They've never heard of an IP address.

      --
      The higher the technology, the sharper that two-edged sword.
    4. Re:Just web sites? by Tim+C · · Score: 1

      Page 8, line 7 of the bill specifically mentions IP addresses.

      If you're going to criticise people at least try to make sure the criticisms are accurate.

  30. lol by pak9rabid · · Score: 1

    Aren't the majority of these types of websites outside of the US anyways? A lot of good this'll do to shut those down....idiots.

    1. Re:lol by RapmasterT · · Score: 1

      I don't think you read the article.

      a provision in the bill was a requirement for ISP's to REDIRECT traffic if the offenders are offshore. Now we all know there are ways around that, but it's not exactly a "we're offshore so you can't touch us" deal.

    2. Re:lol by pak9rabid · · Score: 1

      You are correct...I guess that makes more sense.

  31. Details about implimentation... by TiggertheMad · · Score: 5, Insightful

    Which brings up an interesting point: How would a government org go about shutting down a rogue server? Lets pretend it is hosted in some remote country, so sending a CnD letter is probably ineffective. Blocking the DNS entries will just result in people putting up non-us filtered DNS servers, and you are playing whack a mole to try to find them and block them. You could put ip-filters on all the trunks going in and out of the country, but that's another game of whack a mole, since any proxy server outside the country can redirect.

    I am not a networking expert, but even if you had the political will to do this, it seems to me it would be no more than an inconvenience for anyone determined enough.

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
    1. Re:Details about implimentation... by SuricouRaven · · Score: 2, Interesting

      That's easy: By making it 'blocked enough.' The block doesn't have to be perfect - it just has to take long enough to get around that most people wouldn't bother. Or, even more effectively, make it look like some sort of technical problem. That way people will just assume the server is down, and not even try to find a way around blocks. There just isn't a need for a perfect block.

    2. Re:Details about implimentation... by Anonymous Coward · · Score: 0

      Not sure how it's done, but a TV stream index site got this done to them:

      http://tvshack.net/index.html

      so appear to have set up or at least registered elsewhere:

      http://tvshack.cc/

      With this already having been done I'm not sure why another method for doing it needs to be passed, but there's a lot about making law I don't know about - such as whether the lawmakers even know that this can already be done

    3. Re:Details about implimentation... by Anonymous Coward · · Score: 0

      Inconvenience is the point. Your mother or my mother is not going to to spend 2 hours torrenting, or finding overseas DNS or proxies. In those two hours, if her labor rate is ~$15 and hour, it would be cheaper and buy the $20 DVD. That's the whole point.

      Movie studios are not stupid. They know they will not stop piracy. But if they can make obtaining a $20 movie difficult enough such that it takes 70% of potential pirates more than 2 hours to get, they have ended piracy de facto. This bill will help do that by _slowing novice users down_

      Napster was a threat because the UI made piracy easy. Proxied torrenting et al. will never be because it makes piracy hard.

    4. Re:Details about implimentation... by Anonymous Coward · · Score: 0

      It's a bunch of shit. If there's a connection, the users will find a way.

      As evidence I use a school district of 16,000 students. I ran the firewalls and proxy servers for this environment. It was a game of whack a mole of extreme proportions.

      Basically any non-whitelisted traffic had to be on Port 80, not even 443 could be open (I'd imagine now, it'd be easier to setup an SSL offloading proxy and have it all forwarded through the same proxy) due to the constraints of the environment. And the reason 443 was completely whitelisted can be summed up pretty simply: External Proxy servers.

      Now, this may have seemed pretty extreme, but week by week (by checking the dns server logs) I kept seeing SSL proxy after SSL proxy being requested by students. I presented the evidence I had collected, and it was determined we needed to block this traffic in order to enforce the use policy (again constraints of the environment didn't allow for more elegant solutions.) But truly it didn't matter, students found a way, some students lived close enough to campus they could raise the gain on their 802.11b and plug in usb keysticks, boot to ubuntu, and connect to the sites they wanted through their home connection.

      The only winning move in that battle, is not to play.

      Take the students who are doing said things just to surf, and apply it to the pirates, they will find a way no matter how hard you make it. This is the same community that not too long ago cut up 50meg files and put them on 35 floppies, truck them to their buddies house copy them again, then get a copy of something else on those same floppies and truck them back. They will find a way, those who wont will be legitimate copyright holders or (more likely) perfect representations of fair use (without good lawyers.)

    5. Re:Details about implimentation... by MacGyver2210 · · Score: 1

      WTF, don't tell them that.

      Then they're going to make visiting these sites a criminal offense, such that you get arrested if you happen to see a site with a copyrighted picture on it which they don't own.

      --
      If the only way you can accept an assertion is by faith, then you are conceding that it can't be taken on its own merits
  32. How much money did you pay for lobbying ? by unity100 · · Score: 1

    yeah you. the one who is reading this post. how much exactly did you pay in lobbying for your interests last year ? $100 mil ? $1 mil ? $50,000 ? $50 ? none ?

    probably either none, or, something in between $50 and none. definitely not $100 mil.

    those who want that, however, spent in between at least $100 mil and $1 mil. so, they are getting it.

    such is the way with democracy in a capitalist country - you get what you want, as much as you pay for. if you dont have enough money to pay for what you want, you just dont get it -> its a simple rule of capitalism.

    so, you have two choices :

    a) If you arent rich enough to pay for it yourself, get together, and pay for it with others
    b) Change the capitalist society that requires money for everything, including winning elections, justice and lawmaking

  33. Politics is Different... by MarcQuadra · · Score: 5, Interesting

    There probably were folks who thought it was a bad bill, but voted for it anyway because it bought them leverage on (what they felt were) more important issues.

    I'm a bit of a state house watcher, and I've heard politicians stand up and speak against bills five minutes before voting for them. Basically, if the chairman of the committee favors something and you don't, but it's going to pass anyway, you curry favor with the chairman by letting him submit the bill to the floor with 'unanimous approval', thereby increasing the chances of getting your own issue heard by the now appeased chairman in the future. In the end, you get the same result you would have if you opposed the thing, but the next time you need something, you're more likely to get it.

    That or the HVAC might have been out. Our state legislature seems to decide completely on-the-fly that 'today is going to be the last day of session'. They typically suspend public hearings and pass 300 pieces of legislation that night. Why would you suspend public hearings and do 80% of your work on one coffee-fueled all-nighter? Well, the committee rooms don't have air conditioning, suits are really hot, and most of the legislature is a bit portly. Once the summer heat starts penetrating the marble walls, there's no stopping it until late October, so they 'go Nike' on democracy's ass and Just Do It.

    --
    "Sometimes, I think Trent just needs a cup of hot chocolate and a blankie." -Tori Amos on Nine Inch Nails
    1. Re:Politics is Different... by Anachragnome · · Score: 1

      "That or the HVAC might have been out. Our state legislature seems to decide completely on-the-fly that 'today is going to be the last day of session'. They typically suspend public hearings and pass 300 pieces of legislation that night. Why would you suspend public hearings and do 80% of your work on one coffee-fueled all-nighter? Well, the committee rooms don't have air conditioning, suits are really hot, and most of the legislature is a bit portly. Once the summer heat starts penetrating the marble walls, there's no stopping it until late October, so they 'go Nike' on democracy's ass and Just Do It."

      Why not just say it like it is?

      "They typically suspend public hearings and pass 300 pieces of legislation that night in order to preclude what they see as a meddling public influence."

      Fat and sweaty have nothing to do with it.

    2. Re:Politics is Different... by MarcQuadra · · Score: 1

      I might want them to let me testify sometime, so I'm just going to say 'no comment' to this guy. :-)

      --
      "Sometimes, I think Trent just needs a cup of hot chocolate and a blankie." -Tori Amos on Nine Inch Nails
    3. Re:Politics is Different... by Anonymous Coward · · Score: 0

      'and most of the legislature is a bit portly'

      The word you're looking for is 'fat cats'.

    4. Re:Politics is Different... by Anonymous Coward · · Score: 0

      OR the person that was elected wouldn't be a douchebag and vote for things the the votes want. Then he/she could say, "look i tried to do what you wanted but this multi-year incumbent covered his own ass, not yours. Vote for me againand i really would like you to get the vote out for this other person that will also listen to the people. We two will do what you want, our voters. thank you."
      but no, you seem to think it is Ok for them to suck some Rangle type corrupt prick just so they might be heard later. THAT IS WHAT NEEDS TO STOP! stop playing politics in the sessions and show the votes the records at vote time. the truth will set us all "free". maybe

      i wish someone would read this and agree. but it will be posted with a 0 and that will be that.

    5. Re:Politics is Different... by alexo · · Score: 1

      OR the person that was elected wouldn't be a douchebag and vote for things the the votes want.

      Where's the money in that?

  34. Re:This may be the uninformed pursuing a lost caus by unity100 · · Score: 1

    they wont shut down sites in third world countries.

    they are going to try shutting down the .com or .org or whatever domain they can get ahold of, in usa. because, ICANN is in usa.

    this will practically kill usa control of internet domain names. entire world cannot tolerate one single country asserting its will upon all domain names in the world. this will be a side effect.

    when the dust settles down, and there is or are other top level corporations handing out names, then they are going to block whatever site that is outside us, to u.s. public. in short, they will outright censor whatever they want from american citizens.

    quite democratic eh ... also stupid, due to the above side effect. can you imagine russia, china, india, allowing usa to censor internet over icann at will ?

  35. Two examples of pirated copies for sale by tepples · · Score: 4, Insightful

    Who PAYS for pirated material?

    Anyone who has bought a copy of the film Song of the South on DVD-R at the flea market, sold by someone ignorant of copyright term extension acts who thinks U.S. copyright on works published under the Copyright Act of 1909 still lasts 56 years as it did when they were published.

    Or anyone who bought a copy of the album All Things Must Pass by George Harrison. A court ruled that the song "My Sweet Lord", which appears on this album and accounted for the supermajority of this album's airplay, was an infringing copy of "He's So Fine" by Ronald Mack, which the Chiffons had popularized.

    1. Re:Two examples of pirated copies for sale by hldn · · Score: 1

      Who PAYS for pirated material?

      Anyone who has bought a copy of the film Song of the South on DVD-R at the flea market, sold by someone ignorant of copyright term extension acts who thinks U.S. copyright on works published under the Copyright Act of 1909 still lasts 56 years as it did when they were published.

      Or anyone who bought a copy of the album All Things Must Pass by George Harrison. A court ruled that the song "My Sweet Lord", which appears on this album and accounted for the supermajority of this album's airplay, was an infringing copy of "He's So Fine" by Ronald Mack, which the Chiffons had popularized.

      let's rephrase grandparent post to what he actually meant, "who PAYS for pirated material ONLINE?"

      --
      http://www.accountkiller.com/removal-requested
    2. Re:Two examples of pirated copies for sale by tepples · · Score: 2, Informative

      Or anyone who bought a copy of the album All Things Must Pass by George Harrison.

      let's rephrase grandparent post to what he actually meant, "who PAYS for pirated material ONLINE?"

      Then anyone who has bought a copy of All Things Must Pass online. Or anyone who has donated to a private tracker or even maintained a tracker-wide share ratio, given that a share ratio expresses "expectation of receipt [...] of other copyrighted works".

    3. Re:Two examples of pirated copies for sale by Anonymous Coward · · Score: 0

      56 years, hah!

      I don't respect any copyright on anything older than 28 years old and I urge others I know to do the same and try to educate them on what Copyright was intended to be and what it has turned into and abused to do. The congress critters can lick the lower half of my left nut before I respect anything that goes against the good of the people regardless of how much they got paid to pass it.

    4. Re:Two examples of pirated copies for sale by dryeo · · Score: 1

      Actually Harrison now owns the copyright on "He's So Fine". Court ordered his ex-manager t sell it to him for cost as the court did not look kindly on managers suing their clients for copyright infringement. http://en.wikipedia.org/wiki/He's_So_Fine#My_Sweet_Lord

      About Song of the South which I believe is out of copyright in some of the world including here in Canada. What if an American legally buys it here and then goes home with it?

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    5. Re:Two examples of pirated copies for sale by PotatoFiend · · Score: 1

      Actually actually, Harrison doesn't own the copyright. He's quite dead.

      --
      "Liberty may be endangered by the abuses of liberty as well as the abuses of power." -- James Madison
    6. Re:Two examples of pirated copies for sale by tepples · · Score: 2, Informative

      Actually Harrison['s estate] now owns the copyright on "He's So Fine".

      Then consider Three Boys Music v. Bolton, about "Love is a Wonderful Thing" by Michael Bolton.

      About Song of the South which I believe is out of copyright in some of the world including here in Canada. What if an American legally buys it here and then goes home with it?

      "In a case where the making of the copies or phonorecords would have constituted an infringement of copyright if this title had been applicable, their importation is prohibited." 17 USC 602(b). The exception for personal baggage in 602(a)(3)(C) appears to apply only to 602(a), not 602(b).

    7. Re:Two examples of pirated copies for sale by tmosley · · Score: 1

      Uhhh, that would be no-one, and donation to a private tracker isn't paying for downloads (as not everything on the trackers is pirated), and using some of your bandwidth isn't "paying".

      So stop being pedantic. These "pirates" aren't making any money, except through advertising. If you want to go after someone for doing something illegal, go after the advertisers. Leave the regular people alone.

  36. Al Franken voted for censoship by Anonymous Coward · · Score: 1, Informative

    Al Franken, darling of the young liberal left, voted for internet censorship.

  37. Petition by Beanyhead · · Score: 1

    I'm sure this has already been posted, but you can sign a petition against the bill here: http://demandprogress.org/blacklist/

  38. Just host/register your shit overseas by Paracelcus · · Score: 2, Insightful

    The talking pieces of shit in Washington seem to think they control the Internet.

    --
    I killed da wabbit -Elmer Fudd
    1. Re:Just host/register your shit overseas by cheekyjohnson · · Score: 1

      That's just running away from the problem. What happens when every country has some form of this? Do we just wait until we are completely cornered to finally challenge it?

      --
      Filthy, filthy copyrapists!
  39. If DNS is the answer, then it was a dumb question by Anonymous Coward · · Score: 0

    Actually the PDF says "internet sites," not websites. This isn't about port 80.

    Right off the top, they already have figured out that people will just move out of the US for the registration, and that the domains will still remain registered and the DNS requests will still resolve. You can't stop this, because worst case scenario, people will change roots, or switch to an altogether different naming system.

    And that's where it gets crazy. "..action may be brought in the District of Columbia to prevent the importation into the
    United States of goods and services.." Address blocking is the only way to do that.

    They're going to have to get ISPs to check against blacklists before routing. They'll have to close down all out-of-the-country VPNs too.

    Because of how fucked up that is, the bill appears to come with its own poison, too. It says that any party can petition to vacate the order, based on evidence that the interests of justice require it. Well, considering that the very first such order is going to be petitioned by every ISP in the country (since they won't want to pay the dollar and performance costs of blacklists), that in itself will be overwhelming evidence that the order really does need to be vacated. I can't imagine why they even added that part. It's ok for Congress to fuck everyone, but for them to say "you're fucked unless fucking everyone isn't justice" seems to neuter it. Of course a sudden change to blacklisting is injustice. Duh.

  40. So what happens by Anonymous Coward · · Score: 0

    So what happens if there's a US Government page (like a Senator's page or something) that's violating copyright somehow, can we go and get a judge to get it shut down? Could be great to screw the people who vote for this over--

    Given all the flap over the Obama presidential seal logo during the 2008 election, with this bill the Bush White House could have said that the logo infringed US Government copyright and had Obama's campaign website blocked.

    What about a campaign that uses a song without permission--copyright infringement. My first goal, find a way to use this politically to silence people, then watch as all hell breaks lose.

  41. Again, This bill will pass. by wierd_w · · Score: 1

    Didn't I comment on this being the inevitable outcome for this bill last night? Pretty sure I did..

    The reasons havent changed. Whining about it wont fix it either.

    Right now our options are pretty limited:

    1) We can, against all odds, accept lower wages in order to compete with material goods manufactured by slaves in China, to lessen our depedence upon intelletual properties in the world market. (HAH!)

    2) Bite the bullet, accept that the US as we know it is basically over, and accept "also ran" status in the world marketplace, (implies that 1 will happen as a consequence) and offer "cheap" IP, with reasonable terms- (HAH!)

    3) We can enforce draconian copyrights, pass every patent imaginable with rediculously long terms, and try to squeeze that teat for all it's worth to try to stay relevant in the world market. (DING! we have a winner!)

    4) We can become highly insular, do EVERYTHING ourselves, totally ignore the world market, and operate as IP pirates openly (What we did when the nation was an infant, much to the chagrin of European publishers.) (Implies 1 and 2, and demotion to 2nd or even 3rd world conditions due to natural scarcities) [HAH!]

    Since our congress critters suffer a crack-like addiction to money and power, option 3 is the only one they are even willing to consider. As such, measures like the DMCA, and now COIACA (whatever it's letters are) will ALWAYS pass. ALWAYS. Raise a fuss all you want. It WILL pass.

    However, if one of the other options seems preferable to you, you can always invoke the power of the angry torch bearing mob--- Or, you can do the non-violent protest, Ghandi style-- But the ultimate result would still be the same; the US's gravy train would get derailed.

    1. Re:Again, This bill will pass. by cheekyjohnson · · Score: 1

      Number five sounds good, but I fear it wouldn't work because the government has either brainwashed a majority of the population into thinking that this is necessary, or the ones that do acknowledge the problems at hand feel that their petty lifestyles are more important than freedom. That leaves the people who would actually do something if the opportunity presented itself pretty much outnumbered until the other groups wake the hell up.

      --
      Filthy, filthy copyrapists!
    2. Re:Again, This bill will pass. by Anonymous Coward · · Score: 0

      Ugh, why can't people spell 'Gandhi' right?

  42. Dear rest of the world by Sycraft-fu · · Score: 1

    Would you please get on building your own DNS root infrastructure then? It would be wonderful if we had multiple, peer, root agencies each with control over their part of the root zone. That way if one, like say the US, goes rogue, there are others out there that can be used instead. However thus far we've seen nothing but whining and saying that the US should "give up control" of ICANN, which wouldn't matter since ICANN is in the US and thus defacto US controlled no matter what.

    Sincerely,

    A US citizen that would love to see the rest of the world get on building non-US reliant DNS.

    1. Re:Dear rest of the world by Grishnakh · · Score: 1

      I'm going to go a little farther with this:

      Dear rest of the world:

      Please stop being a bunch of whiners about US dominance, and start asserting yourselves. You're only dominated by us (really our politicians, who aren't really part of "us") because you allow yourselves to be. If your leaders are willing pawns for our leaders, then elect yourselves some new leaders; after all, it's much easier for you since your countries are typically smaller and you seem to have better election systems.

      Don't forget, we Americans really don't even make anything any more. Our entire GNP is composed of shuffling piles of green paper around and erecting Ponzi schemes, such as the real estate fiasco, plus serving overpriced coffee drinks to each other, and selling each other stuff that you guys all made. Our economy is based on nothing substantial, whereas most of you guys still actually do real work. It really shouldn't be that hard for you to assert your power and put our government in its place.

      Sincerely,

      A US citizen who would love to see the rest of the world more self-reliant and able to give my government the middle finger.

    2. Re:Dear rest of the world by Tacvek · · Score: 2, Insightful

      There cannot be multiple root zones. That just is not feasible. But the US only controls the gTLDs and one ccTLD. The other TLDs are owned by their respective countries. The US cannot have them removed from the root without causing a major incident, the result of which would include the Internet Society appointing some other organization as IANA (and thus killing ICANN and US control of the DNS).

      Explanation: ICANN exists solely to be a policy creating shell around the IANA. Legally the Internet Society (ISOC) is the only company in the world with any reasonable claim to being able to appoint an IANA. The organizations the ISOC consists of (IETF, IESG, IAB, RFC-EDITOR) had agreed to allow ICANN to have the role of IANA, but they could revoke that agreement.

      If an RFC is published naming a new international entity as the IANA there is little reason to suspect the companies running the root servers would not use the root zone published by the new IANA, as long as they got similar say in policy making as they had with ICANN.

      --
      Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
    3. Re:Dear rest of the world by Anonymous Coward · · Score: 1, Interesting

      Why have DNS at all? Consider the DHT system that torrent programs use, that lets you find IPs that share the file without having to go through a tracker. It is in essence a distributed lookup mechanism. What is the DNS? A hierarchical lookup mechanism.

      Nobody knew about Kademlia back when DNS was set up, but now we do, and so we can build a system that doesn't need root servers nor can be easily blocked by nations who'd prefer their citizens not get their grubby paws on "subversive thought".

  43. If the sites get shut down... by Anonymous Coward · · Score: 0

    Won't torrents just be relegated back into the realm of IRC? If the sites just get shut down, people will still find a way to get it, and it will probably be through IRC... Time to brush up on your bot messaging commands.

  44. We need a law to dramatically restrain legislators by Anonymous Coward · · Score: 0

    What's desperately needed is a law which allows citizens to shut down legislators -- or an entire government -- as easily, maybe even capriciously, as these legislators enact new laws. These legislators can -- and do -- enact new laws without even reading them or inquiring as to whether they are Constitutional or have side effects. These legislators face effectively NO important consequences from their actions. This needs to change and change dramatically. "Democracy", as currently practiced in the US, is a disaster approaching a dead end.

  45. Government Websites Exempt by NicknamesAreStupid · · Score: 2, Insightful

    Of course, the law will not apply to them, just like the labor laws, civil rights laws . . .

    1. Re:Government Websites Exempt by LordLimecat · · Score: 1

      Out of curiosity, are you expecting to see government websites that are "primarily designed" for or have "no demonstrable, commercially significant purpose" other than copyright infringement, to use the article's (and bill's) language? Seems like a rather small issue to be complaining about on this bill even if your assertion were true...

  46. i is mad as heck, and i is not gonna take it by gale+the+simple · · Score: 1

    Depressing, annoying and slightly disheartening, but I still will be contacting my supposed representative and badger him as much as possible. I am just a poor schmuck working in an asbestos mine, but I am pissed and I still vote.

    --
    This post is provided without warranty as to reliability, accuracy or otherwise or fitness for any particular purpose.
  47. Re:This may be the uninformed pursuing a lost caus by Daniel+Dvorkin · · Score: 1

    Very true. The War on (Some) Drugs is also clearly a lost cause ... which doesn't keep us from annually spending tens of billions of dollars on it and ruining millions of people's lives. This bill won't stop piracy, won't even slow it down to any appreciable degree; you know that, I know that, and anyone with more than half a brain who spends more than five minutes thinking about the issue knows that. It doesn't matter.

    --
    The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  48. Ooh, what's the US Senate gonna do? Finger wag? by Dr.+Spork · · Score: 1

    WTF? These foreign sites are by definition not under the jurisdiction of US law. It's like the senate of Saudi Arabia passing a law declaring Californian porn sites illegal. Big fucking deal.

    1. Re:Ooh, what's the US Senate gonna do? Finger wag? by blueg3 · · Score: 1

      If only there was an article to answer these questions.

      The bill would allow the Department of Justice to seek court orders requiring U.S. domain-name registrars to shut down domestic websites suspected of hosting infringing materials. The bill would also allow the DOJ, through a court order, to order U.S. Internet service providers to redirect customer traffic away from infringing websites not based in the U.S.

  49. Nice by Greyfox · · Score: 1

    Those bastards can't agree on anything. They couldn't agree on funding medical aid for first responders at the twin towers on 9/11. They can't agree on ratifying New START. They'll be lucky if they manage to fund the government in their lame duck session. And THIS goes through unopposed? It seems like all they can pass is bad laws and pay raises for themselves.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:Nice by blueg3 · · Score: 1

      You mean it got through the Judiciary Committee. That's not the same as the Senate or the House.

    2. Re:Nice by cheekyjohnson · · Score: 1

      Well, see, when there's money from large corporations such as the MPAA/RIAA involved, they can agree on just about anything.

      --
      Filthy, filthy copyrapists!
  50. Not going to happen. by Anonymous Coward · · Score: 0

    This will never pass the house.

    Who is going to pay for this technology to be put into the cars... They going to force me to buy it? Or worse use tax dollars and buy one so that all free market is taken out of the equation?

  51. I disagree by TiggertheMad · · Score: 3, Insightful

    There just isn't a need for a perfect block.

    yes there is if you want it to work.

    Because information on the Internet is fast and free, if 1 person finds a way around your block 5 minutes after it is in place, 10 million people can know about it in under a day, and your little information embargo is a futile exercise. If you made the same comment about how 'security through obscurity works' in the context of OS security, you would be laughed off Slashdot. Why would general blocking of sites be any different?

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
    1. Re:I disagree by Dhalka226 · · Score: 1

      If you made the same comment about how 'security through obscurity works' in the context of OS security, you would be laughed off Slashdot. Why would general blocking of sites be any different?

      Because getting your box owned is a binary state. You're owned or you're not, and one person doing it is one too many and more than enough. Even if security through obscurity were to achieve a 90% success rate, it's a tool in the toolbox but not good enough to rely on.

      Blocking websites is not binary. If you can block 10% of people from accessing content you don't want them to access, that's 10% better success than you woke up with. Geeks are a relatively small part of the population, so making something harder is a victory even if making something impossible is unobtainable. Whether they can make it sufficiently hard to justify the costs of pursuing or the opportunity costs of tying the courts up with this sort of nonsense, or even whether or not the bill would pass constitutional muster in a challenge are all open questions and much more difficult to answer. I have my doubts, to be certain.

    2. Re:I disagree by SuricouRaven · · Score: 2, Insightful

      Hypothetically, if accessing Facebook required users spend an hour googling and fiddling with proxy servers, so you think it would be commercially viable?

  52. What are they shutting down exactly? by apenzott · · Score: 2, Insightful

    I doubt that these senators have considered the possibly that being able to shut down an offending site (say Bing, Google, Hotmail, Yahoo, Youtube, ) wouldn't have significant collateral damage.

    This is equivalent to shutting down an entire mall (which happens to include an office for the County Tax Assessor, small FBI field office, post office and police substation) on the account of one bad employee grossly (mis)representing the interests of the merchant renting space in said mall.

    Bottom line:
    Merely having such a kill switch is not a license use it indiscriminately and not face the consequences of its misuse.
    (Notice that engineers are required to retain errors and omissions insurance for bad engineering decisions, but no legislator is required to retain insurance for passing of bad laws.)

    --
    The Roman Rule: The one who says it cannot be done shall not interrupt the one who is doing it.
  53. Re:This may be the uninformed pursuing a lost caus by gale+the+simple · · Score: 1

    Maybe, but then drugs are not as widely accepted within society and so most of the society will approve or just shrug that war off because they are not affected directly. Internet, on the other hand, is widely used and accepted, it is part of the mainstream. Taking it away, or not an insignificant part of it could make people understandably upset. I do not disagree with you. I just think that this war on net could make people care.

    --
    This post is provided without warranty as to reliability, accuracy or otherwise or fitness for any particular purpose.
  54. 99.9% of websites violate copyright in some form. by Jackie_Chan_Fan · · Score: 1

    Will they take down every website? Will they make hyper-linking illegal?

    This is just fucking dumb.

    If I attach a copyrighted image to a forum, that website can be shut down by court order?

    Give me a fucking break.

    These fucking assholes are the real criminals. The poor people stealing a few fucking movies hurts NO ONE.

  55. Citizens Approve Senate Shutdown Amendment by Anonymous Coward · · Score: 0

    Citizens Approve Senate Shutdown Amendment!

  56. Re:99.9% of websites violate copyright in some for by cheekyjohnson · · Score: 2, Insightful

    "The poor people stealing a few fucking movies hurts NO ONE."

    Don't you mean "the people copying data hurt no one"? Stealing implies that they've deprived someone of something, which is not something that 'pirates' do.

    --
    Filthy, filthy copyrapists!
  57. Could I be screwed? by __aatirs3925 · · Score: 1

    My website is about the Japanese language and culture, so if America ever goes to war against Japan again, would my website be censored? It would be terrible! Just because politicians can be children, it doesn't mean that us ADULTS can't get along with each other. Anywhoo~ knowing America, it will probably wordfilter 'color' to 'colour', 'honour' to 'honor' etc... on European websites lol!

    1. Re:Could I be screwed? by flimflammer · · Score: 1

      I think you've gone full retard on us, man.

  58. Re:We need a law to dramatically restrain legislat by cheekyjohnson · · Score: 1

    "What's desperately needed is a law which allows citizens to shut down legislators -- or an entire government -- as easily, maybe even capriciously, as these legislators enact new laws."

    What's desperately needed is the ability for the people to override government bills through majority vote.

    --
    Filthy, filthy copyrapists!
  59. If they existed in the physical world by noidentity · · Score: 1

    If they existed in the physical world, the store would be shuttered immediately and the proprietors would be arrested.

    And if imaginary property existed in the physical world, it would actually be possible to steal it.

    1. Re:If they existed in the physical world by cheekyjohnson · · Score: 1

      Haven't you heard? Even though it goes against basic logic, it's actually possible to steal potential profit! I mean, sure, it doesn't exist, but the government and large corporations say that you can so that makes it true!

      --
      Filthy, filthy copyrapists!
  60. Amazing Ignorance, Here. by repetty · · Score: 1

    It's really amazing to me how many people on Slashdot lack even a minuscule awareness of how legislative politics works. I'm dumbfounded. But they can certainly act pissed off.

    1. Re:Amazing Ignorance, Here. by cheekyjohnson · · Score: 1

      "It's really amazing to me how many people on Slashdot lack even a minuscule awareness of how legislative politics works."

      Other than "it doesn't," there's really not much more to say!

      --
      Filthy, filthy copyrapists!
    2. Re:Amazing Ignorance, Here. by Dodgy+G33za · · Score: 1

      Amazed and dumbfounded? Dunno why. The tag line is "news for nerds" not "news for bloodsucking lawmakers". We may be able to code 6502 in our sleep, but that doesn't mean we know our lower house from our upper house. But by all accounts we still appear to know more about making law than they do about technology.

  61. Re:We need a law to dramatically restrain legislat by mug+funky · · Score: 1

    there's always the "kill switch". (j/k, in case any law enforcement types are watching)

    though internet is low on the agenda from a human rights standpoint, it's certainly a litmus test of a government's real attitude to freedom.

    it would actually be very good for a system to be in place where a government could be easily sacked by the people. representatives have too much power, and aren't really representin' the people they represent.

  62. What a great idea! by Anonymous Coward · · Score: 0

    See page 9 "The Intellectual Property Enforcement Coordinator shall post such domain names on a publicly available Internet site"

    So in other words the government will be providing us with a complete list of sites vetted by MPAA et al people looking for stuff can visit. Very thoughtful :)

    "complete or substantially complete form, by any means, including by means of download, transmission, or otherwise, including the provision of a link or aggre-gated links to other sites or Internet resources for obtaining such copies for accessing such performance or displays"

    I hope this does NOT mean the government site that hosts the list of domains to these sites would itself be subject to being blocked as it would seem to satisfy the above critera by providing such a list?

    In all seriousness don't know how they expect to enforce this unless everyone operating a DNS server in the US agrees to block the governments list of foreign sites.

    The only other option is for the US government to exert control over the worlds root servers which would have massive international political implications.

    Pretend you lived in China and the US started blocking www.cheap.imitations.cn from the world. No country will sit idly by and allow another to circumvent the authority associated with their domains and especially country specific TLDs. This will mark the beginning of the end for a coherent network and endless international jurisdiction nightmares.

    I wish people who don't know jack schitt about Internet architecture would not try and pass laws that are impossible to implement.

    "A showing by the defending party in such action that it does not have the technical means to comply with this section shall serve as a complete defense to such action."

    The above is going to get a lot of use...

  63. Unintended consequences by Nylathotep · · Score: 1

    The real problem is that sure, it can be argued that it makes sense from the point of view of taking down movie downloads, or whatever torrent of media is out there. But this will be used for constant shutdown of simple websites (text, images, macros) that grab things from other sites. Not that sites should steal content, but it's a bit heavy handed.

    1. Re:Unintended consequences by cheekyjohnson · · Score: 1

      "Not that sites should steal content"

      Sorry, but what? The word "steal" implies that someone was deprived of something, and in the case of copying data, this simply isn't true.

      --
      Filthy, filthy copyrapists!
  64. Senator Patrick Leahy, Democrat by Anonymous Coward · · Score: 0

    The summary forgot to identify Leahy as a Democrat.

  65. Here's what's wrong with COICA by Anonymous Coward · · Score: 0

    I wrote about COICA on Techdirt, where I said:

    You'd think before taking down an entire website for copyright infringement the state would first have to prove that the website's owners are in fact guilty of copyright infringement, but not under COICA. Under COICA, if the US Attorney General thinks it's infringement and can find the support of a judge, the website is taken down exactly as if it were infringing. Even with the opportunity for an administrative appeal, whatever due process is granted doesn't make up for the lack of a trial.

    If a website is truly infringing the government should have no problem proving it in court so it can then have the website taken down.

  66. Sure there can by Sycraft-fu · · Score: 3, Insightful

    The "root zone" is in fact only the root zone for the root-servers.net roots. You can, and people have, created alternate root servers. You can do it in your house if you like. You can make your own root zone, own TLDs, etc. Nobody but you will probably use them, but you can do it.

    So what the EU could do is make an organization, call it EUCANN (pronounced you can) because it is relevant and funny. Have that organization organization maintain a root file and setup a bunch of root servers that get their info from it. Initially, just mirror the ICANN root file. Once the system is up and running and stable, get popular DNS programs like BIND and the MS DNS server to include your roots too. Shouldn't be hard, just that much more stable for them. Heck maybe they'll prefer those roots in the EU zone. Once your system is running and useful, then contact ICANN and say "Hey, how about we split the root responsibility. We'll be responsible for all EU countries, you for everything else." So the root file isn't really split, but if the EU updates EU zone info, ICANN mirrors that, if ICANN updates other info, EUCANN mirrors that.

    Normally, this has little effect other than that EUCANN could decide if a given company should get control of a given TLD instead of ICANN. However in the event ICANN flips their lid and does shit they shouldn't, well then EUCANN doesn't have to go along with it. Say ICANN decides that France if full of dirty liberals and terrorists and simply gets rid of .fr. EUCANN can refuse to mirror that. People can then use the EUCANN roots and not the effectively damaged ICANN ones.

    It would provide resilience against any one country being a dick about things.

    1. Re:Sure there can by Tacvek · · Score: 1

      Alternative root systems have never caught on, because nobody wants a domain that most people cannot resolve.

      What you describe would still only have one root zone. By mirroring the zone files you end up with only one zone. All you are really proposing is splitting up policy making for gTLDs, meaning that some gTLDs will be Euro ones, subject to EUCANN policies, etc, and others will be US gTLDs, subject to ICANN policies.

      --
      Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
    2. Re:Sure there can by Anonymous Coward · · Score: 0

      ...simply gets rid of .fr. EUCANN can refuse to mirror that. People can then use the EUCANN roots and not the effectively damaged ICANN ones.

      Or use the OUICANN root server, thereby getting the milk from the cow, so to speak.

    3. Re:Sure there can by Sycraft-fu · · Score: 1

      Yes which has the net effect of meaning the US doesn't have control over DNS, which was the start of all this. That is the WHOLE IDEA. Many countries bitch about US control but then do nothing to build their own systems they can control. Rather stupid.

    4. Re:Sure there can by Anonymous Coward · · Score: 1, Informative

      I dont think the root name servers do exactly what you (and others here) think they do.. Example..

      You want to lookup nasty-web-site.com and your PC is new and brain dead. It says, hey Mr root name server, whats the address of "nasty-web-site.com", to which the root name servers say 'Got me beat, but here are the records for the name server that handels all of .com, go ask them". Your PC then gos and asks that name server who supplies it with the info it needs (or another name server down the food chain if you are looking for a subdomain).

      The root name servers really dont control as much as you would think. They know where .com, .net, .eu, .ru, .au all exist (along with the other TLDs) but nothing more. You cant use a root name server to block the lookup of a specific site as it doesnt know the details. (It can be done firther down the food chain though)

      So lets say the US wants to delist "nasty-web-site.com.au". They cant. They have to contact AUDA to do it for them (who will likely say no, but then roll over and launch their own investigation anyway). The only thing the US and ICANN can do is delist all of .au (no big loss, but you get the point)

    5. Re:Sure there can by Anonymous Coward · · Score: 0

      Your new PC won't ask the root servers unless it's explicitly set to do so. More likely, the PC will ask the ISP's DNS server if it has a cached entry for nasty-web-site.com.au.

      In repressive regimes like China, the ISP checks if it's permitted to give the real IP address of nasty-web-site.com.au. If not, it lies and claims it has a cached entry, and that the site's IP is 0.0.0.0 or something of the sort.

      In a peer-to-peer DNS replacement system, not needing the root servers is just a bonus: there would no longer be a need for 400 or so dedicated computers whose only purpose is to tell where com, net, etc. is. The system would be more robust because of the flat organization.

    6. Re:Sure there can by Tacvek · · Score: 1

      Quite simply though, the better way is to simply replace ICANN with something international, and under no country's jurisdiction. Say a new UN treaty organization, or something similar.

      An even better (although unfeasible) method would be to kill off the GTLDs, making US control of ICANN moot, since ICANN could not screw with any country's ccTLD, since that literally could be considered an act of war (overtly attempting to sabotage the infrastructure of another country), and without GTLDs only the ccTLDs matter.

      --
      Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
  67. BS by Anonymous Coward · · Score: 0

    It doesn't even say "infringing materials"... it says "believed to be infringing"... tell me that's not ripe for abuse!!

    And what does copyright infringement have to do with "dangerous products"? (Think of the children!!)

  68. Quick, to the 4chan.org by Anonymous Coward · · Score: 0

    Quick, to the 4chan.org/b...

    Seriously, you know the troll sites like 4chan and encyclopedia dramatica are going to be at the top of that list.

  69. Interesting... by Anonymous Coward · · Score: 0

    So I could get a document service like scribd shut down just by uploading copyrighted content to it?

  70. Few precious tea-party-free days left in congress by Arancaytar · · Score: 1

    And this is what they spend that time on.

    Yeah, fuck them all.

  71. Re:99.9% of websites violate copyright in some for by Dodgy+G33za · · Score: 1

    That's right. They are too busy sailing the seven seas in search of plunder.

  72. Re:19-0? or another Washington Dick-n-no kiss by DrXtreme · · Score: 1

    Anyone really surprised,Next thing---Offer a differing opinion on banking problems, global sociology-economic reform, etc.....black SUV's roll up to your place, you become 'vaporware. Your wife doesn't remember you, and the dog peas on your prize Martin Logan speakers....Oh the humanity of it all.....

    --
    It is impossible for a man to learn what he thinks he already knows
  73. Re:19-0? or another Washington Dick-n-no kiss by DrXtreme · · Score: 1

    On a side note -- is it possible for anyone to open the mind anymore and truly think openly? To see the endless potentials. the possibilities as long as we remain steadfast in believing.... Nothing is impossible.....We only have many items we have yet to figure out how to do.....Tear open the fabric of fear! Crush the mantles of complacency, look to those things they said could not be done and find the Rosette stone showing the way yo make it happen. Piss in the faces of governments, regulator, and policy writers! Forge new pathways, write new thoughts no matter the extreme. Its time to shake science and governments at their very core by thinking's as we were born to, taught to, given talents to....In Short == Give em ideas that will make the early thoughts of an LHC seem like a simple lab experiment.....You all have the collective resources skills and talents....Now USE THEM!!!!

    --
    It is impossible for a man to learn what he thinks he already knows
  74. So long and thanks for the fish? by Frosty-B-Bad · · Score: 1

    So, we can hope this bill is harmless and holds up in court for real copyright infringement cases (if it passes the house which I hope it doesn't), or we can assume lawyers will use this to basically shut down the internet, or at least the search part of it, I mean, Google is an information company, which provides a massive search for illegal files, I can see it in court now

    Google Lawyer: "But your honor we do not target these rouge servers with illegal files, they are just massively linked and our engine lists them automatically"

    DA: "No sir, I did a search for "warez" on Google.com and it said displaying 25 of 5,019,193,012 sites.. which proves they just provide illegal software"

    Judge: Point taken, shut them down! Who's next!

    This is so obvious it hurts..

  75. Scariest words ever uttered.... by Anonymous Coward · · Score: 0

    I'm from the Government and I'm here to help.

  76. Only American DNS by munky99999 · · Score: 2, Interesting

    This bill if passed only applies to american based dns records; and for non-american websites they have to goto all the isps to create the great american firewall. Long story short... everyone moves their dns records to non-american registrars and the hosted pages also. That includes every website who doesnt like the censorship. Net effect: American economy has a decent sized exodus of money(currently in USA) now leaving the country.

  77. Not through Senate (which has more than 19 people) by SuperKendall · · Score: 2, Interesting

    The majority of the population does NOT want to see this pass, yet it made it through the Senate with NO opposition?

    It's post like these that make me wonder if people are really Americans posting. Because the Senate has a lot more than 19 people., this is just a committee. Now you can still wonder why there is no opposition in that small group, but I'm pretty sure not every Senator would vote for this when or if it comes up.

    As the article summary states it will not even make it that fat thanks to the House - an unstated reason for that is the conservative (NOT Republican) wave that swept the elections. You can bet that had liberals maintained power it would pass the house and senate easily in a full vote.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  78. Preventing the exchange of numbers is absurd ! by TractorBarry · · Score: 1

    As all us 'puter folk know any arbitary sequence of bytes can be viewed as expressing a number. e.g. using 4 bytes we can represent a signed integer between -2,147,483,648 to 2,147,483,647. From this we can see that any sequence of bytes (no matter it's length) can be viewed as expressing a number.

    As items of "digital media" are simply a sequence of bytes then, in common with all other sequences of bytes, they can be viewed as simply a number (albeit a very large number)

    And let's face it the idea of trying to control the exchange of numbers is totally absurd ! Can you imagine somebody claiming that I couldn't give my friend the number 93 ?

    Oh how the future will look back and laugh at this age :)

    --
    Sky subscribers are morons. They pay to be advertised at !
  79. But How Will This Actually Work? by bedwards · · Score: 1

    To be clear, the article states using domain-name registrars to shut down Domestic websites. The workings of the DNS are nicely described by this Wikipedia example;

    As an example of the DNS resolving process, consider the role of a recursive DNS resolver attempting to lookup the address "en.wikipedia.org.". It begins with a list of addresses for the most authoritative nameservers it knows about – the root zone nameservers (indicated by the full stop or period), which contains nameserver information for all top-level domains of the Internet.

    When querying one of the root nameservers it is possible that the root zone will not directly contain a record for "en.wikipedia.org.", in which case it will provide a referral to the authoritative nameservers for the "org." top level domain (TLD). The resolver is issued a referral to the authoritative nameservers for the "org." zone, which it will contact for more specific information. Again when querying one of the "org." nameservers, the resolver may be issue with another referral to the "wikipedia.org." zone, whereupon it will again query for "en.wikipedia.org.". Since (as of July 2010) "en.wikipedia.org." is a CNAME to "text.wikimedia.org." (which is in turn a CNAME to "text.esams.wikimedia.org."), and the "wikipedia.org." nameservers also happen to contain authoritative data for the "wikimedia.org." zone, the resolution of this particular query occurs entirely within the queried nameserver, and the resolver will receive the address record it requires with no further referrals.

    If the last nameserver queried did not contain authoritative data for the target of the CNAME, it would have issued the resolver with yet another referral, this time to the "text.wikimedia.org." zone. However, since the resolver had previously determined the authoritative nameservers for the "org." zone, it would not need to begin the resolution process from scratch but instead start at the "org." zone, thus avoiding a query to the root nameservers again.

    http://en.wikipedia.org/wiki/DNS_zone

    So using the same logic, to block thepiratebay.org on the root name servers, all 13 root DNS servers (worldwide) would have to add an entry for thepiratebay.org and send it to a separate IP address. so the US government could mandate that the the .org authoritative nameserver blocks thepiratebay.org - however control of the top level domains is a useful thing for a country to have - and there is nothing stopping the generic authoritative namesevers from relocating out of the US. even if they did not do that - where is the authoritative nameserver for .se? if it is in Sweden (likely now- more likely if they are pressurised by a foreign government) they most will not fold to US pressure - and even if they did nothing to stop the pirate bay moving to another country.

    Since hosting websites selling counterfeit/illegal goods hosted in the US would already most likely end up in a knock on the door from the police - I would imagine the better pirate websites, along with other sites such as wikileaks, are already hosted outside the US and are pretty much immune.

    The next part is the court order to force ISPs to redirect traffic from non-US sites. what exactly will the court order require? if it requires ISPs to redirect traffic destined to the IP address of the site in question - what happens when the site changes it's IP address? is it to "whatever IP address is registered to the site" in which case who is responsible for tracking all the non US websites when they change their IP addresses? Is it to change the IP address the DNS resolves the name to? if so all foreign DNS services will need to be blocked from inside the united states, and all American DNS requests routed to a server that will comply. it all adds up to a half hearted attempt at a firewall that will be circumvented almost as soon as it is implemented

    This sort of thing just goes to show the dista

  80. What about my IP? by spoot · · Score: 1

    I was talking about this bill with my sharp-kneed girlfriend yesterday. Yea, about that, here's the insightful/non-geek response I got from her via email. I hope she doesn't sue me for copyright infringement for posting this:

    It is infuriating that the govt. wants to protect us from illegally obtaining copyrighted info on line, but offers no real protection against our own personal information being collected and used by business.

    Can I copyright my personal information: name, address, phone, IP, screen names, contacts, list of sites I visits, and all the other info numerous companies collect about me through my computer? I think not. Our personal information is everywhere, including that being stored by the govt., but if we want to read a book or copy a file containing copyrighted content we are criminals.

    Can't it just be considered a fair trade? Business collects info about me, I collect copyrighted info owned by businesses. It's all a bit of collateral damage that is worth enduring for the sake of being able to use the internet. If we have to just accept the fact that use of the internet means giving up our privacy, why can't business just have to accept that there will be leakage of some copyrighted info?

    Such bullshit. This issue is so important to every American's freedoms now and for the shaping of our future, but what are Americans hearing about as a hot topic today? Caffeinated alcoholic beverages making kids who are drinking them illegally sick, and too much salt in the soup.

    THE DUMBING DOWN OF AMERICA PROCEEDS AT BREAK-NECK SPEED!

  81. If it's not on NFOrce by tepples · · Score: 2, Interesting

    Uhhh, that would be no-one

    Which did you mean by "that"? If you meant that no one buys All Things Must Pass, then why does Amazon continue to list it?

    donation to a private tracker isn't paying for downloads

    The private trackers to which I refer grant early access to other torrents to people who donate.

    (as not everything on the trackers is pirated)

    I've seen plenty of private trackers whose published rules state: If it's not on NFOrce or grokMusiQ then forget it! What on such trackers that specialize in "genuine scene releases" isn't pirated?

    and using some of your bandwidth isn't "paying".

    The private trackers to which I refer grant early access to other torrents to people who seed more. So they "pay" in share ratio to be able to access these torrents, and United States copyright law appears to define "financial gain" to include such a method of payment.

    So stop being pedantic.

    I'll stop once the mainstream entertainment industry's lawyers stop.

    1. Re:If it's not on NFOrce by tmosley · · Score: 1

      I was unaware that Amazon was a pirate website.

      Seriously, just stop talking. You're embarrassing yourself.

  82. Looking at the real problem. by Anonymous Coward · · Score: 0

    Why don't these discussions ever address the problem the bill is hoping to fix? Is it really that hard to understand? People who make music, movies, etc want to be paid for their work, and not have it stolen. Isn't that reasonable?

  83. Sad to say by turkeyfish · · Score: 1

    but China seems to be ahead of us in this technology as well.

  84. You must be joking. by turkeyfish · · Score: 1

    You are living in fantasy land my friend. This is 2010. The concept of justice and fairness have been removed from the system in favor of political expediency. If you have the cash, you get your way. Its just that simple. Wispy minded idealists no longer have a place in the new American dream. The courts are not about justice, just maintaining the corporate status quo and that is quid pro quo for those who don't understand Latin.

  85. Constitution? by turkeyfish · · Score: 1

    LOL. The constitution is just what Alito, Thomas, Kennedy, Alito and Roberts say it is, which is whatever the corporations want to hear. You obviously don't spend much time on the D.C. cocktail circuit do you?

  86. Re:99.9% of websites violate copyright in some for by turkeyfish · · Score: 1

    Why not? Republicans are planning to shut down the entire government anyway. Why should the internet be immune? If the NSA is forced to turn out the lights, you can expect everyone else's will dim too.