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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."

26 of 390 comments (clear)

  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 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.

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

      To further clarify that...

      Getting a court order is not due process.

    4. 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.

    5. 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.

    6. 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.'
    7. 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.

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

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

      Fucking /.

    9. 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.

    10. 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.

    11. 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.
    12. 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!
  2. 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.

  3. 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?

  4. 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
  5. "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.
  6. 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 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. 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.
  8. 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!
  9. 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
  10. 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.

  11. 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.