08 June, 2011
Countercurrents.org
S. 968: Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 (PROTECT IP) was introduced by Senator Patrick Leahy (D. VT) and nine other senators on May 12. It is a smoke screen to introduce new censorship provisions that violate First Amendment freedoms, without which all others are at risk in USA. Reported to committee on May 26, it was placed on the Senate calendar for a floor vote yet to occur.
If enacted, PROTECT IP will give federal authorities “unprecedented power to attack the Internet’s domain name system (DNS),” by: forcing ISPs and search engines to redirect or reject user attempts to reach certain cites; and vaguely call DNS servers “server(s) or other mechanism(s) used to provide the Internet protocol addresses associated with a domain name.” This definition endangers other technologies, including operating systems, email and web clients, routers, and others able to provide IP addresses when given domain names like traditional DNS servers.
Calling PROTECT IP “COICA Redux,” EFF’s Abigail Phillips explained differences between both measures, expressing grave concerns about the new one, saying:
It includes “a private right of action for intellectual property owners (as well as government to) seek injunctions against websites (allegedly) ‘dedicated to infringing activities’ in addition to court orders against third parties providing services to those sites.”
Its language also adds new third-party provider categories, including “interactive computer services” and “servers of sponsored links,” requiring they no longer serve targeted sites.
Moreover, “new language no longer requires explicit action on the part of domain name registries and registrars,” but still covers unauthorized domain name system server operators.
In addition, the measure requires government or private plaintiffs to identify infringing persons or entities before action is taken against a domain name. Nonetheless, doing so falls far short of protecting speech with plenty of wiggle room to violate it.
As a result, Phillips called PROTECT IP “no improvement on COICA.” Moreover, in many ways it’s worse, and may produce defensive countermeasures, including establishing alternative servers with total Internet access, creating possible new security vulnerabilities.
Currently, Senator Ron Wyden (D. OR) placed a hold on S. 968, providing concerned Internet users time to email, call, and/or write their congressional representatives, expressing opposition to this repressive act, essential to stop.
PROTECT IP A Continuation Of COICA
In fact it was Senator Patrick Leahy himself on september 20, 2010 introduced S. 3804: Combating Online Infringement and Counterfeits Act (COICA) was introduced by . Its purpose was to destroy Internet freedom one domain at a time, by requiring their registrars/registries, ISPs, DNS (domain name system) providers, and others to block users from reaching certain websites.
If passed, COICA would have let Washington suppress free speech and block access to non-infringing material, inflicting enormous constitutional damage by requiring all Internet communication providers (including ISPs, Facebook, Twitter, Skype, and others) to rebuild their systems, giving Washington backdoor access to everyone’s Internet’s communications.
On November 18, 2010, COICA was reported to committee, then stalled without coming to the Senate floor for a vote.
Final ACTA Text Ready
An October 2007 global measure, overriding national sovereignty, also threatens Net Neutrality, consumer privacy, and civil liberties. Called the Anti-Counterfeiting Trade Agreement (ACTA), secret negotiations seek to subvert them, ostensibly to protect copyrighted intellectual property, including films, photos, and songs. ACTA remains a work in progress, but developments going forward bear watching, especially if a global agreement is reached.
On May 27, the Foundation for Free Information Infrastructure (FFII) said the European Commission published a “final” ACTA text with few changes from its last known version. Since introduced, Western media, especially America’s, have reported virtually nothing about this destructive measure, those backing it wish to enact with little or no public disclosure, let alone input over something this important.
Stephen Lendman lives in Chicago and can be reached at lendmanstephen@sbcglobal.net. Also visit his blog site at sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.
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