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Monday, November 28, 2011

Kissing the Free Internet Goodbye?


Two bills currently await a vote the Congress of the United States--one, Senate Bill S968, called the "Protect Internet Piracy Act" ; and the other, House Bill HR3261, called the "Stop Online Piracy Act".  (Some may find it rather curious that they're called "acts", as logically, until a bill is voted into law, it's only a "bill".)  Though two different bills, they share similarities in both their intent and their language (sometimes known as "legalese").  Ostensibly, both these bills propose to regulate internet piracy, and clamp down on "rogue sites".  But, latent within vague language typical for Congressional legislation these days, lies the possible seeds of the ultimate destruction of what we've taken for granted as the freedom of the internet.

As summarized by Wikipedia, the House bill "would allow the U.S. Department of Justice (DOJ), as well as copyright holders to seek court orders against websites accused of enabling or facilitating copyright infringement.  Depending on who requests the court orders, the actions could include barring online advertising networks and payment facilitators such as PayPal from doing business with the infringing website; barring search engines from linking to such sites and requiring Internet service providers to block access to such sites.  The bill would make unauthorized streaming of copyright content a felony.  The bill also gives immunity to Internet services that voluntarily take action against websites dedicated to infringement, while making liable for damages any copyright holder who knowingly misrepresents that a website is dedicated to infringement."

The reader here, may want to read the above again, if he doesn't quite appreciate the full import of this bill, for it signifies the end of the freedom of the internet as we know it.

To be sure, the Feds haven't been waiting around for this bill to pass, as this morning, the they seized 150 domain names for selling counterfeit products, bringing the total domain names seized in the past year to 350.  Though, if the Feds seizing 350 domain names isn't enough to spark fear in the hearts of internet lovers, the passage of either of the two Congressional bills surely will, for it will then involve not only copyright holders (seeking court orders), but also ISPs (seeking to limit their liability for providing service to any site they deem infringing on intellectual property laws).  Passage of either of these bills means the Feds will again, subtly pit big corporations against small businesses.  The issuance of court orders will, as they usually do, set up enforcement with a "shoot now and ask questions later" scenario, and thus chip another chunk out of the block that is due process.

This office can find no individual who supports either of these bills, yet the House bill, currently in committee, appears to be on a fast track, as the New York Post reports that "sources familiar with the legislation said it could come to a vote before Christmas."

If you like the internet, and want to keep it free, you may want to inform your government that you oppose this bill.  Otherwise, we all might be kissing our free internet goodbye.