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A group of Internet and intellectual property law professors have penned a letter to congressional lawmakers in opposition to the Protect IP Act, which would give the government sweeping new powers to take websites offline, censor search engines and sue Internet publishers accused of infringing activities.
In the letter, they warn that the act would "undermine" U.S. leadership on freedom of speech issues, cautioning that provisions within the legislation are more closely aligned with "repressive regimes" than the traditional American stance on Internet freedom.
They also predict that the Protect IP Act would threaten the security of the Internet at large, as it would give U.S. officials the authority to literally break the Internet's domain name system (DNS), which links servers to web domains for easy access to pages around the world.
The bill, sponsored and heavily promoted by the entertainment industries, would require Internet service providers and search engines to de-list whole domains on the basis of a copyright claim by a content provider. The claim does not have to be proven to an independent body for a site to be taken offline.
Sites that link to domains accused of hosting infringing activities could also be targeted for domain take-downs or other criminal penalties, and servers outside the U.S. are not exempt from the powers the Protect IP Act seeks to cement into law.
Because of the Internet's highly interwoven archetecture, the bill's broad language would "make it extraordinarily difficult for advertisers and credit card companies to do business on the Internet," the laywers warned.
That point was echoed by Google Chairman Eric Schmidt, who said in May that the search giant would fight any order to break the Internet's addressing system over copyright claims.
Law professors want to kick PROTECT-IP to the curb
...PIPA, Big Brother's nickname for PROTECT-IP, would give the government the power to vaporize sites that it determines are guilty of infringing activities. ISPs would block access to blacklisted "rogue sites" by removing their registration with the Domain Name System (DNS), meaning if you entered the URL in your browser, all that would come up for that site would be a blank page.
For a nation that is pushing to help other nations battle against censorship and devising ways to protect activists like the "panic button app", PIPA legislation is all about giving the U.S. government the power to censor search engines and sites. Even if you managed to straighten out the mess to prove you were not engaging in copyright or trademark infringement, irreparable harm would have been done like when Homeland Security and ICE wrongfully labeled businesses as being connected to child porn....
arstechnica.com...
An ideologically diverse group of 90 law professors has signed a letter opposing the PROTECT IP Act, the Hollywood-backed copyright enforcement/Internet blacklist legislation now working its way through Congress. The letter argues that its domain-blocking provisions amount to Internet censorship that is barred by the First Amendment.
Jointly authored by Mark Lemley, David Levine, and David Post, the letter is signed not only by prominent liberals like Larry Lessig and Yochai Benkler, but also by libertarians like Post and Glenn "Instapundit" Reynolds.
"The Act would allow courts to order any Internet service to stop recognizing [a] site even on a temporary restraining order... issued the same day the complaint is filed," they write. Such a restraining order, which they describe as "the equivalent of an Internet death penalty," raises serious constitutional questions.
The Supreme Court has held that it's unconstitutional to suppress speech without an "adversary proceeding." That is, a speaker must, at a minimum, be given the opportunity to tell his side of the story to a judge before his speech can be suppressed.
Yet under PIPA, a judge decides whether to block a domain after hearing only from the government....
Originally posted by Lightrule
It pains me to say that most of the law firms I work with here in Canada are supportive of this bill and are already in it deep trying to get a Canadian version written up. Until people speak up things like this cannot be stopped.
-Lightrule
Originally posted by Chilly8
The Italians have already passed a law like that, according to an article on the forums for MyP2P
www.myp2pforum.eu...
Originally posted by Chilly8
The Italians have already passed a law like that, according to an article on the forums for MyP2P
www.myp2pforum.eu...