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How SOPA 2.0 Sneaks In A Really Dangerous Private Ability To Kill Any Website (including FR) ^ | 12/16/2011 | Mike Masnick

Posted on 12/28/2011 4:37:01 PM PST by JerseyHighlander

I already wrote a big post about yesterday's SOPA markup day one. While we're moving forward on day two, I wanted to call out one key point that was really made clear by an amendment offered by Rep. Jared Polis late in the day yesterday, which hasn't received nearly enough attention. As you may recall, with the "manager's amendment" version of SOPA (i.e., SOPA 2.0), the "notice-and-shut off funding" section of the private right of action in Section 103 was removed. This was good, because we've seen how the notice-and-takedown provision of the DMCA has been widely abused.

However, what most people missed was that the bill effectively sneaks this back into the bill in a much worse form in Section 105, which supposedly grants "immunity" to service providers for taking voluntary action to stop infringement. The true impact of this section was only made clear by Rep. Polis' attempt to limit it, as he highlighted how this broad immunity would likely lead to abuse. That's because this section says that anyone who takes voluntary action "based on credible evidence": basically gets full immunity. Think about what that means in practice. If someone sends a service provider a notice claiming infringement on the site under this bill, the first thing every lawyer will tell them is "quick, take voluntary action to cut them off, so you get immunity." Even worse, since this is just about immunity, there are no counternotice rules or anything requiring any process for those cut off to be able to have any redress whatsoever.

This is scary.

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KEYWORDS: economy; fascism; lamarsmith; mafia; pipa; plutocracy; riaa; silencio; sopa; sopa2
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In the end, despite vigorous attempts by Polis and Rep. Lofgren to explain why this was so problematic, the Committee basically just ignored the whole thing and rejected the amendment. End result: SOPA 2.0 contains a crazy scary clause that's going to make it crazy easy to cut off websites with no recourse whatsoever. And this part isn't just limited to payment providers/ad networks -- but to service providers, search engines and domain registrars/registries as well. Yes. Search engines. So you can send a notice to a search engine, and if they want to keep their immunity, they have to take the actions in either Section 102(c)(2) or 103(c)(2), which are basically all of the "cut 'em off, block 'em" remedies. That's crazy. This basically encourages search engines to disappear sites upon a single notice. It encourages domain registries to kill domains based on notices. With no recourse at all, because the providers have broad immunity.

It's this kind of insanity that should terrify people about this bill moving forward.

1 posted on 12/28/2011 4:37:08 PM PST by JerseyHighlander
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To: Jim Robinson; John Robinson

Thoughts, gentlemen?

2 posted on 12/28/2011 4:40:09 PM PST by Old Sarge (RIP FReeper Skyraider (1930-2011) - You Are Missed)
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To: Old Sarge

They can pry my keyboard from my cold dead fingers.

3 posted on 12/28/2011 4:55:40 PM PST by Jim Robinson (Rebellion is brewing!! Impeach the corrupt Marxist bastard!!)
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To: JerseyHighlander

It seems like this bill has zero true support from leftists, rightists, libertarians, modern liberlas, paleo conservatives/stuanch conservatives, progressives, from absolutely noone. And if that is the case, whose trying to push this bill through and does it have any chance of getting past Congress, Obama and the Supreme Court ? Not that we can at all count on the latter two doing the right thing of course .

4 posted on 12/28/2011 5:00:54 PM PST by emax
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To: JerseyHighlander
Congress-criminals should recuse themselves from considering this bill.

It's such an obvious conflict-of-interest, "crafting" unconstitutional legislation to silence their opponents.

5 posted on 12/28/2011 5:01:06 PM PST by E. Pluribus Unum (FOREIGN AID: A transfer of money from poor people in rich countries to rich people in poor countries)
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To: emax

Here’s the full list of the current co-sponsors for SOPA. If any of their opponents in next year’s election are paying attention, they should be using this as a key issue and reaching out to the internet community, ASAP. What happened to GoDaddy can happen to a politician in an instant:
Mark Amodei [NV2]
Joe Baca [CA43]
John Barrow [GA12]
Karen Bass [CA33]
Howard Berman [CA28]
Marsha Blackburn [TN7]
Mary Bono Mack [CA45]
John Carter [TX31]
Steven Chabot [OH1]
Judy Chu [CA32]
John Conyers [MI14]
Jim Cooper [TN5]
Ted Deutch [FL19]
Elton Gallegly [CA24]
Robert Goodlatte [VA6]
Tim Griffin [AR2]
Tim Holden [PA17]
Peter King [NY3]
John Larson [CT1]
Ben Lujan [NM3]
Thomas Marino [PA10]
Alan Nunnelee [MS1]
William Owens [NY23]
Ben Quayle [AZ3]
Dennis Ross [FL12]
Steve Scalise [LA1]
Adam Schiff [CA29]
Brad Sherman [CA27]
Lee Terry [NE2]
Debbie Wasserman Schultz [FL20]
Melvin Watt [NC12]
And here’s the list of Senators who are both supporters of PIPA and are up for re-election in 2012. Wikipedia lists who’s already registered to challenge them.,_2012

Ben Cardin [Maryland]
Bob Casey [Pennsylvania]
Bob Corker [Tennessee]
Dianne Feinstein [California]
Kristen Gillibrand [New York]
Orrin Hatch [Utah]
Amy Klobuchar [Minnesota]
Bob Menendez [New Jersey]
Bill Nelson [Florida]
Sheldon Whitehouse [Rhode Island]

6 posted on 12/28/2011 5:05:30 PM PST by JerseyHighlander
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To: Jim Robinson

They don’t have to.
They’re trying implementing the “Great Firewall of China” for the US. Nobody will be able to find the prohibited on a search engine or navigate to it.

7 posted on 12/28/2011 5:14:24 PM PST by Little Ray (FOR the best Conservative in the Primary; AGAINST Obama in the General.)
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To: JerseyHighlander; Berlin_Freeper; Hotlanta Mike; Silentgypsy; repubmom; HANG THE EXPENSE; Nepeta; ..
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How SOPA 2.0 Sneaks In A Really Dangerous Private Ability To Kill Any Website (including FR)

Article, then # 6 , # 7 .

8 posted on 12/28/2011 5:36:37 PM PST by LucyT
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To: JerseyHighlander

So is there any way to tell its probability of passing through all of Congress ? How likely is it to pass both the House and Senate with enough of a majority so that Obama cant veto it ? That last part is important since, though we can never count on obama to do the right thing, there is a good chance even he would know to vote agains tthis if it truly does what opponents fear it would.

And also, I was wondering where to go to find truly good unbaised info on what sites would be affected, in addition to the articles shown above . Would it actually be able to shut down all internet forums, and shut down sites providing subscriptions to articles from science/biology/physics/economics magazines and publications ? Protestors say it will and others insist that only those who flagrantly flaunt copyright laws, liek pirate bay or Sidereel, are in real danger. So how do we tell what sites are in danger and if the whole internet really is somehow in danger of being shutdown ? I mean, i cant imagine the latter would be the case-eventually COngress would get enough pressure so that they would be forced to add some kind of ammendment the sponsors who claim they are losing money from piracy would eventually lose far more of their income when if people had no access to sites where they coudl buy entertianment content.

9 posted on 12/28/2011 5:53:02 PM PST by emax
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To: emax

There are no unbiased opinions of Protect-IP and SOPA, the bills are available on Thomas Register and you can read and dissect it yourself.

The fact that the Congressmen and Senators who took lobbyist cash to sponsor the bill have absolutely no F***ing clue about technology means there is no doubt the bill was written specifically as a predatory legalism for the rentier class in Hollywood,

very unlikely Obama would veto it.

Jan 17th it will be in the House sub-committee for a 2nd hearing and could be voted to the Floor for a full vote, up until then there is time to pressure the whores and especially the most treacherous whores such as Lamar Smith to back down and kill the bill.

Orin Hatch has finally found a bill that will allow him to remotely blow up JimRob’s PC as Jim types on his dear keyboard.

10 posted on 12/28/2011 6:07:21 PM PST by JerseyHighlander
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To: emax

I truly feel like something major is going to happen in 2012 with the Internet and take downs before election. He has GOOGLE working for him; watching a nightmare on the internet with blogs, political sites, social media sites. Hec, DHS is already creating fake accounts on Social Media sites for tracking and reporting.

Obama is so smug; I think he knows he will win 2nd term and that is why he gives Americans the finger...cause it’s in the bag...

11 posted on 12/28/2011 6:12:23 PM PST by Engedi (Hec)
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To: emax

Hollywood is paying for the whole thing ~ they’ve got a lot of money, and from their perspective destroying free form discussion on the internet will simply open up new opportunities for folks to watch their movies.

12 posted on 12/28/2011 6:18:28 PM PST by muawiyah
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To: Jim Robinson; John Robinson; JerseyHighlander
I notice a couple of posts on this thread addressed to Jim and/or John. I've posted to them on other threads about this issue. I sent Jim a FReepmail:Strangely, I've gotten no response. Can't imagine why.

FWIW, I've contacted both of my Senators and my Rep on this. We need to be yelling and screaming about this!

13 posted on 12/28/2011 6:20:43 PM PST by upchuck (Let's have the Revolution NOW before we get dumbed down to the point that we can't.)
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To: muawiyah

So then Hollywood is now able to actually make America into a giant North Korea ? And we’re gonna be under a Hollywood controlled dictatorship, with Hollywoodm including all the movie producers, executives and actors taking the role of Stalin and Mao ? That’s one of those things that;s just too creepy to believe.

14 posted on 12/28/2011 6:30:10 PM PST by emax
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To: JerseyHighlander

This means a rise in blog and opinion sites that will be hosted outside of the US, using non-US domains and run by people who must keep their real names private.

It also means the rise of non-US alternative DNS providers.

It means more Land of the USED TO BE Free.

15 posted on 12/28/2011 6:31:07 PM PST by theBuckwheat
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To: emax
They have turned members of Congress into robot-like, knee-jerk, mind-numbed Golem who see that bright red star on top of Lenin's Tomb and they want us all to advance forward into a new day of order, cleanliness, and movie watching where we pay for tickets.

They are, of course, MAD!

16 posted on 12/28/2011 6:51:31 PM PST by muawiyah
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To: ShadowAce

Hi Shadow, might want to check this out, looks to get interesting.

17 posted on 12/28/2011 8:29:48 PM PST by dayglored (Listen, strange women lying in ponds distributing swords is no basis for a system of government!)
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To: JerseyHighlander; rdb3; Calvinist_Dark_Lord; GodGunsandGuts; CyberCowboy777; Salo; Bobsat; ...

18 posted on 12/29/2011 3:31:49 AM PST by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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Comment #19 Removed by Moderator

To: JerseyHighlander


20 posted on 12/29/2011 8:56:55 AM PST by manic4organic (We won. Get over it.)
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