censorship

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SOPA on hold, PROTECT IP still pending

I’m a registered Democrat. I vote, I canvass, I caucus. As a Website owner and as an American, I’m dismayed by Congressional attempts to censor the internet. I’m appalled and chilled that we have a former Senator who publicly asserts that the U.S. should take a lesson from China to establish internet censorship and stifle the free exchange of information.

censorship graphicThe House just acknowledged “legitimate concerns” about SOPA — its version of the PROTECT IP Act (pdf link) — and backed away from a vote that looked certain to occur. The Senate needs to do the same: PROTECT IP will kill jobs and innovation, undermine cyber security, censor the Internet, and provide ready justification to foreign regimes that want to crack down on dissent and political reform.

PROTECT IP won’t catch or punish internet pirates. They’ll simply move shop, work on darknets, or code workarounds. Online piracy won’t even slow as a result of this legislation. Legitimate sites, however, DO have a great deal of reason to worry.

It should be instructive that Universal Music incorrectly and abusively used the DMCA take-down process to stifle and censor content they did not own, just recently.

As flawed as the DMCA is, there IS recourse built into the process for site-owners who are improperly censored and/or interrupted by competitors who abuse the legal process.

I direct your attention to a December 8th, 2011 article in Techdirt:

The US government has effectively admitted that it totally screwed up and falsely seized & censored a non-infringing domain of a popular blog, having falsely claimed that it was taking part in criminal copyright infringement. Then, after trying to hide behind a totally secretive court process with absolutely no due process whatsoever (in fact, not even serving papers on the lawyer for the site or providing timely notifications — or providing any documents at all), for over a year, the government has finally realized it couldn’t hide any more and has given up, and returned the domain name to its original owner. If you ever wanted to understand why ICE’s domain seizures violate the law — and why SOPA and PROTECT IP are almost certainly unconstitutional — look no further than what happened in this case.

PROTECT IP and SOPA would both make these sorts of abuses devastatingly likely, remove the fragile existing protections for independent Websites and small Internet businesses, while doing nothing to effectively prevent piracy.

Harry Reid and Patrick Leahy: Don’t bring this bill up for a floor vote.

To my Senators: Please vote NO if the bill reaches the floor.

(Cross-posted on AbsoluteWrite.comSome text remixed from original letter here.)

Please feel free to remix and reuse this post to contact your own Senators. No attribution necessary.

 

Freedom, Sex, and Censorship, as Reported by the Internet

Several news stories and blog posts worth noting, discussing topics that bear discussion and offer the potential of deeply  interesting further developments.

And so, with no further ado, here’s the Tuesday round-up.

An NPR report about a current lawsuit challenging the Patriot Act as unconstitutional:

The U.S. Supreme Court hears arguments Tuesday in a case that pits an individual’s right of free speech and association against a federal law aimed at combating terrorism. At issue is part of the Patriot Act that makes it a crime for an American citizen to engage in peaceful, lawful activity on behalf of any group designated as a terrorist organization.

Sassymonkey Reads brings us an examination of “Common Sense” ratings of YA books on the Barnes & Noble Website:

I was prepared to be really ranty about Common Sense Media. I was prepared to dislike them and everything that they stood for. When I saw the ratings on BN.com last night I was angry. After going to their website I really don’t have an issue with what they are doing. I may not agree with their age-appropriateness on a lot of items (I was a free-range reader as a kid) but they are giving kids their voice as well as the adults and I appreciate that. They are anti-censorship. They aren’t against any of the books, but they are trying to provide ways for families to discuss the issues in the books rather than for them to simply not read them. I can see Common Sense Media being a good tool for parents and educators. I have to give them kudos for their efforts.

But (there’s always a but) I have issues with the way that their service has been implemented on BN.com. The focus is entirely negative. It lists only what the book has in it that is potentially “wrong.” There is no context for any of those potential issues. There are no merits to any of the books like how they deal with those issues.  I think it completely derails what Common Sense Media set out to do.

The Political Carnival discusses a new bill being awaiting the governor’s approval in Utah. Masquerading as a measure against illegal abortions, the bill’s actual content should make anyone with even potential access to a uterus absolutely ill with outrage:

In addition to criminalizing an intentional attempt to induce a miscarriage or abortion, the bill also creates a standard that could make women legally responsible for miscarriages caused by “reckless” behavior.

Using the legal standard of “reckless behavior” all a district attorney needs to show is that a woman behaved in a manner that is thought to cause miscarriage, even if she didn’t intend to lose the pregnancy. Drink too much alcohol and have a miscarriage? Under the new law such actions could be cause for prosecution.

“This creates a law that makes any pregnant woman who has a miscarriage potentially criminally liable for murder,” says Missy Bird, executive director of Planned Parenthood Action Fund of Utah. Bird says there are no exemptions in the bill for victims of domestic violence or for those who are substance abusers. The standard is so broad, Bird says, “there nothing in the bill to exempt a woman for not wearing her seatbelt who got into a car accident.”

Finally, because after all that you might be wondering where on earth this kind of stuff gets started, Jon Stewart deconstructs how those memes get started, and the cognitive disconnect required to spread the some of the racist, sexist, anti-progressive, unconstitutional, and anti-American sentiments that cloak themselves in modern American conservatism .