Posts tagged PIPA
Senate Majority Leader Harry Reid, following a recent anti-piracy legislative debacle with SOPA and PIPA, will lead his second effort of 2012 to push Internet-regulating legislation, this time in the form of a new cybersecurity bill. The expected bill is the latest attempt by the Democrats to broadly expand the authority of executive branch agencies over the Internet.
Details about the bill remain shrouded in secrecy. Clues available to the public suggest that the bill might be stronger than President Barack Obama’s cybersecurity proposal, which was released in May 2011. Reid said that he would bring the bill — expected to come out of the Senate Homeland Security and Government Affairs Committee, chaired by Connecticut independent Sen. Joe Lieberman — to the floor during the first Senate work period of 2012.
A classified meeting behind closed doors in October 2011 between key Senate committee leaders with jurisdiction over cybersecurity and White House officials, took place at the request of the Obama administration. Lieberman, in an interview with The Hill in October, said that past Senate cybersecurity bills were considerably stronger than the White House proposal.
The White House proposal recommended that the Department of Homeland Security be given broad regulatory authority for cybersecurity matters over civilian networks. The White House proposal also recommends that the DHS program be “developed in consultation with privacy and civil liberties experts and with the approval of the Attorney General.”
A recent bill in the House – the Promoting and Enhancing Cybersecurity and Information Sharing Effectiveness Act of 2011 or PrECISE Act — also empowers DHS in the event of a cyberattack, but the bill has been criticized by Reid as not giving the agency enough power. PrECISE focuses on strengthening the information sharing component between private corporations and DHS by allowing a limited amount of information to be shared between the two.
Reid favors an approach that would expand DHS authority beyond currently regulated “critical infrastructure,” such as utilities and financial institutions, to also include Internet service providers and private networks.
“Lieberman said the turf war over which agency should be in charge of implementing the government’s cybersecurity plan has been largely resolved and there is a ‘broad consensus’ that DHS is best suited to the task, with technical and intelligence support from the military and National Security Agency,” reported The Hill. source - Daily Caller
Freedom lives on…for now, at least
SAN ANTONIO — U.S. lawmakers stopped anti-piracy legislation in its tracks on Friday, delivering a stunning win for Internet companies that staged an unprecedented online protest this week to kill the previously fast-moving bills.
Lamar Smith, the Republican chairman of the House of Representatives Judiciary Committee, followed suit, saying his panel would delay action on similar legislation until there is wider agreement on the issue.
“I have heard from the critics and I take seriously their concerns regarding proposed legislation to address the problem of online piracy. It is clear that we need to revisit the approach on how best to address the problem of foreign thieves that steal and sell American inventions and products,” Smith said in a statement.
The bills, known as PIPA in the Senate and SOPA in the House, are aimed at curbing access to overseas websites that traffic in pirated content and counterfeit products, such as movies and music.
The legislation has been a priority for entertainment companies, publishers, pharmaceutical companies and other industry groups who say it is critical to curbing online piracy, which they believe costs them billions of dollars a year. source – MSBC
Internet censorship in the time of the One World Government
On Wednesday, January 18, thousands of websites will go dark to protest the massive Internet censorship bill before Congress right now.
From Ars Technica: Imagine a world in which any intellectual property holder can, without ever appearing before a judge or setting foot in a courtroom, shut down any website’s online advertising programs and block access to credit card payments. The credit card processors and the advertising networks would be required to take quick action against the named website; only the filing of a “counter notification” by the website could get service restored.
It’s the world envisioned by Rep. Lamar Smith (R-TX) in today’s introduction of the Stop Online Piracy Act in the US House of Representatives. This isn’t some off-the-wall piece of legislation with no chance of passing, either; it’s the House equivalent to the Senate’s PROTECT IP Act, which would officially bring Internet censorship to the US as a matter of law.
Calling its plan a “market-based system to protect US customers and prevent US funding of sites dedicated to theft of US property,” the new bill gives broad powers to private actors. Any holder of intellectual property rights could simply send a letter to ad network operators like Google and to payment processors like MasterCard, Visa, and PayPal, demanding these companies cut off access to any site the IP holder names as an infringer.
The scheme is much like the Digital Millennium Copyright Act’s (DMCA) “takedown notices,” in which a copyright holder can demand some piece of content be removed from sites like YouTube with a letter. The content will be removed unless the person who posted the content objects; at that point, the copyright holder can decide if it wants to take the person to court over the issue.
Here, though, the stakes are higher. Rather than requesting the takedown of certain hosted material, intellectual property owners can go directly for the jugular: marketing and revenue for the entire site. So long as the intellectual property holders include some “specific facts” supporting their infringement claim, ad networks and payment processors will have five days to cut off contact with the website in question.
The scheme is largely targeted at foreign websites which do not recognize US law, and which therefore will often refuse to comply with takedown requests. But the potential for abuse—even inadvertent abuse—here is astonishing, given the terrifically outsized stick with which content owners can now beat on suspected infringers.
Not surprisingly, the new bill is getting pushback from groups like NetCoalition, which counts Google, Yahoo, and small ISPs among its members. “As leading brands of the Internet, we strongly oppose offshore ‘rogue’ websites and share policymakers’ goal of combating online infringement of copyrights and trademarks,” said executive director Markham Erickson in a statement.
“However, we do not believe that the solution lies in regulating the Internet and comprising its stability and security. We do not believe that it is worth overturning a decade of settled law that has formed the legal foundation for all social media. And finally, we do not believe that it is worth restricting free speech or providing comfort to totalitarian regimes that seek to control and restrict the Internet freedoms of their own citizens.”
Dozens of law professors have also claimed the original PROTECT IP Act, which contains most of the same ideas, is unconstitutional. But the drumbeat for some sort of censorship is growing louder. source – ARS Technica
Internet piracy bill: A free speech ‘kill switch’
What began as an attempt to restrain foreign piracy on the Internet has morphed into a domestic “kill switch” on First Amendment freedom in the fastest-growing corner of the marketplace of ideas.
Proposed federal legislation purporting to protect online intellectual property would also impose sweeping new government mandates on internet service providers – a positively Orwellian power grab that would permit the U.S. Justice Department to shut down any internet site it doesn’t like (and cut off its sources of income) on nothing more than a whim.
Under the so-called “Stop Online Piracy Act” (SOPA) the federal government – which is prohibited constitutionally from abridging free speech or depriving its citizens of their property without due process – would engage in both practices on an unprecedented scale. And in establishing the precursor to a taxpayer-funded “thought police,” it would dramatically curtail technology investment and innovation – wreaking havoc on our economy.
Consider this: Under the proposed legislation all that’s required for government to shutdown a specific website is the mere accusation that the site unlawfully featured copyrighted content. Such an accusation need not be proven – or even accompanied by probable cause. All that an accuser (or competitor) needs to do in order to obtain injunctive relief is point the finger at a website.
Additionally, SOPA would grant regulators the ability to choke off revenue to the owners of these newly classified “rogue” websites by accusing their online advertisers and payment providers as co-conspirators in the alleged “piracy.” Again, no finding of fact would be required – the mere allegation of impropriety is all that’s needed to cut the website’s purse strings.
Who’s vulnerable to this legislation?
“Any website that features user-generated content or that enables cloud-based data storage could end up in its crosshairs,” writes David Sohn, senior policy council at the Center on Democracy and Technology. “(Internet Service Providers) would face new and open-ended obligations to monitor and police user behavior. Payment processors and ad networks would be required to cut off business with any website that rights-holders allege hasn’t done enough to police infringement.” source – The Hill