Late Night: Senate to Drop Ban Hammer on teh Internets?

The Internets. Both of them. This meme may become a reality…

We will support a free and open Internet.

That’s what Barack Obama told the United Nations. But then why is there a bill before the Senate Judiciary Committee that would allow the Attorney General to block certain Internet domain names from ISPs?

The bill S. 3804, the Combating Online Infringement and Counterfeits Act (COICA), introduced by Sen. Patrick Leahy (D-VT) and Sen. Orrin Hatch (R-UT) would create two blacklists of Internet sites “dedicated to infringing activity,” which is defined very broadly as any site where counterfeit goods or copyrighted material are “central to the activity of the Internet site.”

Heck, that could be eBay–I’ve seen some pretty bogus Marc Jacobs Stam bags on there, as well as faux Max Studio, BCBG  and Betsey Johnston dresses. And certainly YouTube could be considered such a site, though they do pull any video  which is flagged with a DMCA (Digital Millennium Copyright Act) infringement notice. Flickr.com and other photo storage sites allow people to upload their photoshopped images, as of course does the monster shoop site ICanHazcheeseburger.com

Anyway, one of the blacklists can be added to by the courts, the second by the Attorney General.  According to Demand Progress:

Internet service providers (everyone from Comcast to PayPal to Google AdSense) would be required to block any domains on the first list. They would also receive immunity (and presumably the government’s gratitude) for blocking domains on the second list.

Copyright is a tricky thing. The Associated Press says:

Associated Press text material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use.

And that means if a tree falls in the forest and only the AP is there to cover it, does that actually mean you can’t mention the tree hitting the earth without violating the AP’s copyright, even if you blogged under Fair Use that

a mighty big piece of living lumber  was felled by unknown means, according to the AP

rather than

a tree fell in the forest

because that is “rewritten”?

So technically if you did blog about it, under COICA your site could be blacklisted by servers and basically disappear because you “violated” copyright by reporting news to which you didn’t have direct access. Unless you paid the AP. So news becomes proprietary information. And that means control of information and possibly no freedom of the press since unlimited access would be truncated.

Nowadays, copyright infringement is handled with lawyer letters, threats of lawsuits and actual court trials, where there is a burden of proof. Should this pass, the lights would go off on sites deemed violators. Demand Progress says:

This bill would bypass that whole system by forcing Internet service providers to block access to sites that are otherwise up. People in other countries could still get to them, but Internet users in the US would be blocked.

Blocked from entire domain names. Sort of like how the governments of Iran, China, Saudi Arabia and elsewhere block undesirable sites. Granted, because of copyright and licensing laws, when I was in Ireland, I couldn’t watch clips from The View on ABC.com; when in Turkey, I was unable to listen to Coast to Coast on KFI640.com, so I wonder how many blocked sites would actually still be visible. And plus there are ways around that. Demand Progress claims that

if this law passes Internet traffic will be reconfigured to route around it. Companies will move their US servers and domain names overseas, Internet users will route their traffic through other countries (just like Chinese citizens have to do now!), and software will have to be reconfigured to no longer trust answers from American servers.

Demand Progress is concerned that this bill is the start of a slippery slope  and that with a little prodding from Teh Gubbermints  all sorts of sites could end up being banned, not only news, blogs, politics, and entertainment, but  porn and gambling, which is really what fueled the series of interconnected tubes.

98 Responses to "Late Night: Senate to Drop Ban Hammer on teh Internets?"
Lisa Derrick | Tuesday September 28, 2010 08:01 pm 1

Welcome to the Top Sekret internets. Both of them


ratfood | Tuesday September 28, 2010 08:04 pm 2

Lisa! Thanks for doing LN hosting duty.


Suzanne | Tuesday September 28, 2010 08:04 pm 3

lisa!


Lisa Derrick | Tuesday September 28, 2010 08:06 pm 4
In response to ratfood @ 2

ALways a pleasure!


DrDick | Tuesday September 28, 2010 08:06 pm 5

I suggest we call up Basement Cat and his infernal army of lolcats to scourge all who support this piece of infamy.


ThingsComeUndone | Tuesday September 28, 2010 08:07 pm 6

So no mention of getting rid of internet spam or illegal porn? Just protect copyrights and stop us?


PeasantParty | Tuesday September 28, 2010 08:07 pm 7

Darn! They are going to tangle those two tubes up so bad they will stop working. Hmmm. That must be the plan. Guess we will just have to make some tubes and another web.


ratfood | Tuesday September 28, 2010 08:08 pm 8

Sorry to go OT so early in the thread but RIP Sally JoAnne Menke. She will be missed.


Lisa Derrick | Tuesday September 28, 2010 08:09 pm 9
In response to ThingsComeUndone @ 6

yes…that’s the plan. Holywood is mad and stuff. THIS is not a good solution


ThingsComeUndone | Tuesday September 28, 2010 08:10 pm 10

I don’t suppose there is any mention of getting your name off Obama’s internet list:(


ThingsComeUndone | Tuesday September 28, 2010 08:12 pm 11

yes…that’s the plan. Holywood is mad and stuff. THIS is not a good solution

Why would Hollywood be mad copyrighted movies would be protected what am I missing?


Lisa Derrick | Tuesday September 28, 2010 08:12 pm 12
In response to ratfood @ 8

Yes, she will be. yesterday was really scarily hot. From the topography, it looks liek she was trying to cut over to a street form the hills. Water is necessity anytime hiking, but when it’s 81 degrees at 4:51 am and 111 at noon…


DrDick | Tuesday September 28, 2010 08:13 pm 13
In response to Lisa Derrick @ 9

Hollywood, the record industry, AP, and various other bloated corporate interests.


Lisa Derrick | Tuesday September 28, 2010 08:13 pm 14
In response to ThingsComeUndone @ 11

The idea from Hollywood is block sites that swap files of movies and tv shows or that sell bootleg coies of ABC afterschool specials or do file sharing. And the AP et al…


jo6pac | Tuesday September 28, 2010 08:16 pm 15

No, this just about getting those DFH shut down so everything wonderful again. Thanks for the story just more sensorship we can believe in.


ratfood | Tuesday September 28, 2010 08:19 pm 16
In response to Lisa Derrick @ 12

So tragic when something like that happens when it could have been avoided. Always makes me wish life had an “undo” command.

Her legacy includes some really terrific work.


ThingsComeUndone | Tuesday September 28, 2010 08:19 pm 17

“dedicated to infringing activity,” which is defined very broadly as any site where counterfeit goods or copyrighted material are “central to the activity of the Internet site.”

Orin is aware there is no logical scientific proof of God his Mormon’s religious stuff might easily be called counterfeit goods.

A counterfeit is an imitation, usually one that is made with the intent of fraudulently passing it off as genuine.

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

Can Orin prove his or any God is not counterfeit and their promises of salvation for cash and obedience are not just pale fakes of the one true religion?
It does not matter if none of the religions are true they can all be fake.


Lisa Derrick | Tuesday September 28, 2010 08:22 pm 18

FYI, I am not advocating signing the petition, I think if you are annoyed about something, call your congress people.


DrDick | Tuesday September 28, 2010 08:22 pm 19
In response to ThingsComeUndone @ 17

Oooooo! Does this mean that we can shut down the websites of all the ConservaDems and Blue Dogs?


ThingsComeUndone | Tuesday September 28, 2010 08:22 pm 20

Lisa would American law extend to other countries? If not Obama just gave away our lead in the internet who cares if Google is better than yahoo or bing searching facts if North Korea lets you down load the last Harry Potter film.
Ad revenue for Google etc will drop like a stone


ThingsComeUndone | Tuesday September 28, 2010 08:23 pm 21

Oooooo! Does this mean that we can shut down the websites of all the ConservaDems and Blue Dogs?

I might have to support this bill/s


ratfood | Tuesday September 28, 2010 08:27 pm 22
In response to DrDick @ 19

Don’t their $15 a month servers usually crash anyway with an assist from Ned Lamont’s hackers?


ThingsComeUndone | Tuesday September 28, 2010 08:27 pm 23

So they stop illegal downloads that take forever they stop us by not letting us link to stories internet ad fees are based on how many people use google and how many clicks the advertisers get.
If I’m not on the Lake for hours Google loses money because my odds of buying stuff online decrease the less I’m online.
If Rush is not downloading illegal Dominican Republic porn his odds of buying something online goes down.
Nice to know Obama has the same business sense as Bush.


ThingsComeUndone | Tuesday September 28, 2010 08:30 pm 24

Should Jane be looking into moving FDL to another country without these laws FDL without News content is what?


DrDick | Tuesday September 28, 2010 08:30 pm 25
In response to ratfood @ 22

Ned Lamont’s hackers

Those are actually the 14 year olds that their Webhosting servvice hires as sysads.


applepie | Tuesday September 28, 2010 08:31 pm 26

That’s one cute cat!


Adam503 | Tuesday September 28, 2010 08:32 pm 27

Q:How is the overwhelming pile of bills that seem to be headed to the Lame Duck session going to affect passage? More of a chance or less of a chance of passage?


ratfood | Tuesday September 28, 2010 08:33 pm 28
In response to Lisa Derrick @ 18

I think the appropriate call for my entrenched Republican rep would be something along the line of, “Soo-ee! Here, piggy!”

Doubt if he’d come though unless one was using a gold slop bucket filled with hundred dollar bills.


Lisa Derrick | Tuesday September 28, 2010 08:33 pm 29
In response to ThingsComeUndone @ 20

Copyright law is a patchwork. This guy, who is U2′s manager, has an interesting take on handling copyright infringement.

Ideally the ISPs would be charged like the restaurants and radios because they are the means by whihc copyrighted material is delivered, but they are really resistant to that (duh).


DrDick | Tuesday September 28, 2010 08:34 pm 30
In response to ratfood @ 28

Sounds like my Rethug rep (one for the whole state!)


ratfood | Tuesday September 28, 2010 08:36 pm 31
In response to DrDick @ 30

Had to look it up. Montana ranks 44th in population, 48th in population density. Sounds like my kinda place. :)


Lisa Derrick | Tuesday September 28, 2010 08:38 pm 32
In response to ratfood @ 31

Wide. Open. Space.


bigbrother | Tuesday September 28, 2010 08:38 pm 33

Net Neutrality…. someone sees porfits…oh well greed rules.


ThingsComeUndone | Tuesday September 28, 2010 08:39 pm 34
In response to Lisa Derrick @ 29

Ideally the ISPs would be charged like the restaurants and radios

Seems like a better idea than this bill this bill well it could be used to ban anything Does Glen Beck want to risk his claims being able to withstand a charge of being a counterfeit news show in court?


DrDick | Tuesday September 28, 2010 08:39 pm 35
In response to ratfood @ 31

Yep right behind Alaska and Wyoming as least dense in the nation (which does not apply to our inhabitants, sadly). We are also the 4th largest in area. More prairie dogs than people in most of eastern Montana (which I claim explains voting patterns there). In some parts of western Montana there are almost as many grizzlies as people.


Lisa Derrick | Tuesday September 28, 2010 08:41 pm 36
In response to ThingsComeUndone @ 34

I think Beck is aware he is commentary. His audience may think it’s news though…


ratfood | Tuesday September 28, 2010 08:41 pm 37
In response to Lisa Derrick @ 32

Sounds heavenly. Glad I got to travel when I was a kid and as a young adult. Haven’t been outside of Illinois since 1988 (sigh).


ratfood | Tuesday September 28, 2010 08:44 pm 38
In response to DrDick @ 35

Visited Wyoming a couple times as a kid. Never been to Montana. Loved the panoramic vistas in the west. Made Illinois appear a tad, er, dull by comparison.


DrDick | Tuesday September 28, 2010 08:46 pm 39
In response to ratfood @ 37

There is a downside, however. There are a lot of amenities that simply are not available here and a lot of things are more expensive because of the low density. Many state services (like roads, state police, and education) that are density dependent are significantly more expensive per person here.


Suzanne | Tuesday September 28, 2010 08:46 pm 40

only visited montana once but quickly learned why it was called big sky country…. the night sky was amazing


Lisa Derrick | Tuesday September 28, 2010 08:46 pm 41

I am going back up to the far north of CA later this month, very restful.


DrDick | Tuesday September 28, 2010 08:47 pm 42
In response to ratfood @ 38

Certainly true of the landscape and scenery. On the other hand I do miss the food and music in Chicago.


ratfood | Tuesday September 28, 2010 08:49 pm 43
In response to Lisa Derrick @ 41

Wine country! :)


bigbrother | Tuesday September 28, 2010 08:50 pm 44

Well maybe the cable companies will lose a lot of customers like many billions in revenue from monthly/yearly fees and ads. Maybe they should get China to respect copyright first! Hi Lisa! Grin


DrDick | Tuesday September 28, 2010 08:50 pm 45
In response to Suzanne @ 40

Feel free to browse the scenery.


bigbrother | Tuesday September 28, 2010 08:51 pm 46
In response to Lisa Derrick @ 41

Eureka!


bigbrother | Tuesday September 28, 2010 08:53 pm 47

OT Netanyahu give Obama the bird starts building on the occupied territories!


TheOracle | Tuesday September 28, 2010 08:53 pm 48

Gee, duh, who would have ever guessed that they’d finally get around to censoring the internet. I realized this over ten years ago, when I first ran into AOL blocking websites. Then all the stories appeared about the Chinese Communists doing the same thing. Then the Australians. And of course, all the religious fundamentalist-controlled countries.

But I have a question: would breast implants be considered “counterfeit goods”? Because this would cause a whole lot of websites to be blocked.


ratfood | Tuesday September 28, 2010 08:53 pm 49
In response to DrDick @ 42

Sadly, I haven’t even been to Chicago in about 15 years. We have the most important elements of civilization here but certainly lack the cultural variety and abundant choices of the city. I’m pretty crowd averse, though. Loved Chicago but always breathed a sigh of relief upon leaving.


Lisa Derrick | Tuesday September 28, 2010 08:54 pm 50

More shall be revealed…I think this a really bad law.

I love the subtitle:

A bill to combat online infringement, and for other purposes.

Other purposes Bouwhahahaaha!


Lisa Derrick | Tuesday September 28, 2010 08:55 pm 51
In response to bigbrother @ 46

To paraphrase Poussin

Et in Arcata ego


ratfood | Tuesday September 28, 2010 08:56 pm 52
In response to Lisa Derrick @ 50

Cue ominous Dragnet theme. :)


Suzanne | Tuesday September 28, 2010 08:56 pm 53
In response to DrDick @ 45

i gotta admit, hippie dippie is my fav :) your photos are great eye candy


ratfood | Tuesday September 28, 2010 08:57 pm 54
In response to Suzanne @ 53

Is that the one with his kitteh, Ratfucker?


DrDick | Tuesday September 28, 2010 08:58 pm 55
In response to ratfood @ 49

I loved living in Chicago, but have to admit that I have gotten increasingly crowd averse in my old age. Spending the evening at a free concert in Grant Park with about a million of my closest friends just does not have the appeal it used to. Still cherish having been at the Replacements last concert, though.


DrDick | Tuesday September 28, 2010 08:58 pm 56
In response to ratfood @ 54

Yep.


zapkitty | Tuesday September 28, 2010 08:59 pm 57

The second list is far more dangerous, in that it uses the power of the legislature to “encourage” ISPs et al to honor a government-compiled censor list that has no judicial review at all.

That half-assed crap is one of the prerogatives of an aristocracy and has no place in a democratic society.

Yet even more “Because the oligarchs… because I said so!” from Obama…


bigbrother | Tuesday September 28, 2010 09:00 pm 58
In response to TheOracle @ 48

Maybe if they were sending electronic symbols that were jamming wifi stations. (Like pacemaker jamming) These questions are above my pay grade.


Lisa Derrick | Tuesday September 28, 2010 09:02 pm 59
In response to zapkitty @ 57

Yes, and that is really awful, bad and must be stopped.


ratfood | Tuesday September 28, 2010 09:02 pm 60
In response to DrDick @ 55

I used to attend the Kool Jazz Fest and Blues Fests. Seemed like they were always preceeded by just enough rain to turn Grant Park into a mini-Woodstock. Of course if you were really lucky you got poured on while you were there.


DrDick | Tuesday September 28, 2010 09:05 pm 61

Time for me to toddle off. More young minds to corrupt tomorrow. Take care all.


ratfood | Tuesday September 28, 2010 09:06 pm 62
In response to Lisa Derrick @ 59

When Clinton first proposed censoring the internet during the mid-’90s (Won’t somebody PUH-LEEZE think of the CHILDREN!) I remember thinking that it wasn’t for crap like that I’d voted for a Dem president.

Alas, we’ve come a long way (downhill) since then.


Suzanne | Tuesday September 28, 2010 09:07 pm 63
In response to DrDick @ 61

g’nite dr dick


ratfood | Tuesday September 28, 2010 09:07 pm 64
In response to DrDick @ 61

Niters, corrupt ‘em good. Scritches to DrSmoke.

I should mosey too. Thanks, Lisa. Splendid evening to all.


Suzanne | Tuesday September 28, 2010 09:08 pm 65
In response to ratfood @ 64

g’nite rat


Lisa Derrick | Tuesday September 28, 2010 09:10 pm 66
In response to Suzanne @ 65

night rat!


Lisa Derrick | Tuesday September 28, 2010 09:13 pm 67

Okay, I am buying wine as a gift–pinot, merlot, cab? any suggestions? I suspect as long as it’s decent plonk, the recipient will be happy.


Teddy Partridge | Tuesday September 28, 2010 09:13 pm 68

I can’t imagine what websites Rahm Emanuel might want blacklisted.

For instance.


Lisa Derrick | Tuesday September 28, 2010 09:14 pm 69

Like which flavor..LOL. I don’t really drink, and usually pick wine by the picture on the label.


mzchief | Tuesday September 28, 2010 09:15 pm 70
In response to Lisa Derrick @ 29

Hmmmm … the state of copyrights and royalties are a big mess. I think folks are very uneducated about the relatively new, high bandwidth, throughput, international distribution medium called the Internet. Also, I think there are those who do understand it and have used it unscrupulously to effect a mass “wealth transfer” over the last 2 decades. I can see the gentleman’s viewpoint. I also want to know how his intellectual property rights be honored equally with everyone else’s intellectual properties so everyone benefits? I don’t see any engineers collecting royalties but instead their ideas are taken and their jobs are permanently off-shored. When the off-shore destination countries’ folks speak English well-enough, will those record companies off-shore the music business as well and quit seeking content creators within the US?


Lisa Derrick | Tuesday September 28, 2010 09:16 pm 71
In response to Teddy Partridge @ 68

Icanhazcheeseburger.com and this one. Because it tells the TRUTH


bigbrother | Tuesday September 28, 2010 09:18 pm 72
In response to Lisa Derrick @ 51

The home of the famous Arcata Marshes sewer treatment ponds designed by Humbolt State prof in part. Now a wildlife sactuary as well. Don’t tell their shit stinks it is a nature walk full of wildlife that has been copied in Petaluma!


Lisa Derrick | Tuesday September 28, 2010 09:19 pm 73
In response to mzchief @ 70

Doubtful music industry will be offshored when really all you need to be a record company is a DSL line and a manufacturer. And heck some peopel do strict online selling wiht downloads only.


bigbrother | Tuesday September 28, 2010 09:20 pm 74
In response to Lisa Derrick @ 51

And Elk herds!


Lisa Derrick | Tuesday September 28, 2010 09:21 pm 75
In response to bigbrother @ 72

I am excited to see that! It is on my to do list.


spanishinquisition | Tuesday September 28, 2010 09:21 pm 76

With the imperial President feeling he can assassinate citizens without having to go through the course, this is small potatoes have the WH-controlled AG kill websites without going through the courts.


Lisa Derrick | Tuesday September 28, 2010 09:23 pm 77
In response to bigbrother @ 74

And mushroom season has started! I do want to see elk. They have dead elk at the CoOp butcher


Suzanne | Tuesday September 28, 2010 09:25 pm 78
In response to Lisa Derrick @ 77

good chanterelle harvest up here…. my landlord brought me a just picked bag last week


bigbrother | Tuesday September 28, 2010 09:27 pm 79
In response to spanishinquisition @ 76

Dear Spanishinquisition has bigbrother arrived yet? Oh Dear.


Lisa Derrick | Tuesday September 28, 2010 09:29 pm 80
In response to Suzanne @ 78

YUM!


bigbrother | Tuesday September 28, 2010 09:29 pm 81
In response to Lisa Derrick @ 77

Too funny lotsa shroomers in the woods now getting big bucks sending them to Paris restuarants and such. But the woods around are full of growers so stay on the beaten path.


Lisa Derrick | Tuesday September 28, 2010 09:30 pm 82
In response to bigbrother @ 79

LMAO. Through my tears and fears.


Lisa Derrick | Tuesday September 28, 2010 09:35 pm 83
In response to bigbrother @ 81

Techinally shroomers are supposed ot cut the caps and otherwise notch their harvest so they aren;t acceptable to restaurants. But the rangers have ot catch you.

If I go out, it will be with locals who know the area and what to look (out) for


bigbrother | Tuesday September 28, 2010 09:35 pm 84

Maybe a Shirah will be a nice choice http://en.wikipedia.org/wiki/Syrah


mzchief | Tuesday September 28, 2010 09:38 pm 85
In response to Lisa Derrick @ 73

Hmmmm … maybe we should all be in that business! :) Guess that would leave fewer Americans working in the Tech Companies … oh, but wait! Human kind seems to have a new challenge of “idleness” that it may never have had before and human kind seems to be having an identity crisis. We can take the fascist approach and force folks to die who don’t have a “useful place” as “factory cogs” to an “ownership society” or we can treat all life as precious, have a more intelligent way of being on this planet with finite resources, and reform our societies. Well, don’t we live in interesting times?


Lisa Derrick | Tuesday September 28, 2010 09:39 pm 86
In response to bigbrother @ 84

Good call! THIS


bigbrother | Tuesday September 28, 2010 09:45 pm 87

That said giant Redwoods (I am a tree hugger)open spaces, http://www.blm.gov/ca/st/en/fo/arcata/kingrange/index.html hiking and great kayaking.You also have the Lower Kalamath and Trinity Rivers joining with lots of Steelhead and Salmon and native Americans. Eagles and Osprey up high. And whale watching along the coast. take a guided tour or two. What a great time too. have a memorable journey.


bigbrother | Tuesday September 28, 2010 09:48 pm 88
In response to mzchief @ 85

The dawning of the Age of Aquarius maybe albeit tardy.


Lisa Derrick | Tuesday September 28, 2010 09:52 pm 89
In response to bigbrother @ 87

I am rather happy to see buzzards. Some circled us as we sprawled on the beach.


Beerfart Liberal | Tuesday September 28, 2010 09:56 pm 90

Lisa, my daughter LOVES icanhascheesebuger.com !!! LOVES it!!!


Lisa Derrick | Tuesday September 28, 2010 09:58 pm 91
In response to Beerfart Liberal @ 90

Smart girl!


papau | Tuesday September 28, 2010 10:00 pm 92

preemptive war with triggering event and no proof of intent to do an event – just suspicion of planning to do bad things

site removal if deemed bad

guilty until proven innocent is the new American justice and political system.


mzchief | Tuesday September 28, 2010 10:02 pm 93
In response to bigbrother @ 88

He he he he … we sang EVERY hippie song in my elementary school and the oldest grade performed that song for us. Good times. :)


mzchief | Tuesday September 28, 2010 10:04 pm 94

Nighty, night Canines of Combustion …


Suzanne | Tuesday September 28, 2010 10:05 pm 95
In response to mzchief @ 94

g’nite mzchief

thanks for another fun thread lisa — i do look forward to your tuesday night hosting


Lisa Derrick | Tuesday September 28, 2010 10:07 pm 96

Thanks so much. I enjoy it. Night all!


Beerfart Liberal | Tuesday September 28, 2010 10:12 pm 97
In response to Lisa Derrick @ 96

night!


wirerat1 | Wednesday September 29, 2010 03:31 am 98

As the EFF pointed out yesterday, this is a really stupid idea. Why don’t they lump the wiretapping stuff into this bill too? Both will go over equally well.


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