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Combatting Online Infringment and Counterfeit Act (COICA)
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NinthCorona
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Combatting Online Infringment and Counterfeit Act (COICA)

quote:

Online rights groups are sharpening their battle weapons after proposals by a US lawmaker for a take down legislation that could globally effect the web.

Democratic Senator Patrick Leahy proposed a cross-party supported Combating Online Infringement and Counterfeits Act (COICA), which he says will provide the Justice Department with tools to crack down on online infringement.

According to the EFF, the new bill would break the internet one domain at a time by requiring domain registrars/registries, ISPs, DNS providers, and others to block internet users from reaching certain websites that are hosted in the US. The bill would also create two internet blacklists. The first is a list of all the websites hit with a censorship court order from the Attorney General. The second is a blacklist of domain names that the Department of Justice determines — without judicial review — are "dedicated to infringing activities."

The bill only requires blocking for domains in the first list, but strongly suggests that domains on the second list should be blocked as well by providing legal immunity for Internet intermediaries and DNS operators who decide to block domains on the second blacklist as well.

Visitors to blocked sites will see a 404 error message.

If the site is hosted outside the US, the Justice Department would approach the registries controlling the top level dot.com, dot.net and dot.org domains, which are all US based.

“Where the registry or registrar is not located in the United States, the Act would provide the Attorney General the authority to serve the order on other specified third parties at its discretion, including ISPs, payment processors, and online ad network providers,” Leahy said.
“These third parties... are critical to the financial viability of the infringing website’s business.”

EFF said in its story: "COICA is a fairly short bill, but it could have a longstanding and dangerous impact on freedom of speech, current internet architecture, copyright doctrine, foreign policy, and beyond," EFF said in it's story.

"In 2010, if there's anything we've learned about efforts to re-write copyright law to target "piracy" online, it's that they are likely to have unintended consequences."

It said the bill probably couldn’t give the Attorney General the power to block YouTube, but it could stop the next YouTube.

It also pointed out that the bill included poorly drafted definitions that threatened fair use online, endanger innovative backup services, and d questions about how these new obligations on internet intermediaries were intended to fit with existing US secondary liability rules and the DMCA copyright safe harbor regime.

Richard Esguerra, wrote on his EFF blog: "Moreover, it seems easy to get on the blacklist — the bill sets up a seemingly streamlined procedure for adding domains (including a McCarthy-like procedure of public snitching) — but in contrast, it seems difficult to get off the list, with a cumbersome process to have a blacklisted domain removed.

"And what do we get in exchange? Not much, if the goal is to actually limit unauthorised copying online. The bill gives the government power to play an endless game of whack-a-mole, blocking one domain after another, but even a relatively unsophisticated technologist can begin to imagine the workarounds: a return to encrypted peer-to-peer, modified /etc/hosts files (that don't rely on the domain name system for finding things on the Internet), and other tools, which will emerge and ensure that committed pirates have a way to route around the bill's damage to the DNS system."

Read more: http://www.techeye.net/internet/com...s#ixzz111qi3j7T


http://www.techeye.net/internet/com...s-rights-groups


Thoughts? Mine are inappropriate for here.


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Old Post Sep 30th, 2010 03:56 PM
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Symmetric Chaos
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Oh no, they're going to make it illegal to break the law!


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Old Post Sep 30th, 2010 04:07 PM
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MildPossession
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I'm with ^ bunny

Old Post Sep 30th, 2010 04:38 PM
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tsilamini
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because if there is one group of people who will never find away around these measures, it is web pirates and hackers.


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yes, a million times yes

Old Post Sep 30th, 2010 05:13 PM
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dadudemon
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quote: (post)
Originally posted by inimalist
because if there is one group of people who will never find away around these measures, it is web pirates and hackers.


My sentiments exactly.


And, if the governments keep meddling in this sh*t, a group like Google will create their OWN internet. over 10% of ALL internet traffic traverses Google's very own network structure. Is it REALLY that difficult to see Google investing in their own internet infrastructure? With white space becoming available to ISPs (from the FCC, lol!), it will not be hard for an organization to create more and more "internet". The problem is who owns what on the internet backbones...


You have to requisition some space on the DNS backbones, of which there are like 5 or 6 major internet back bones, 3 of which the US owns.


If the government wants to continue infringing on "free internet use", they can: but they will only make things worse for both enforcing and for regular users.


I volunteer myself to be the Cyber Security Czar, president Obama. Use me and the world will be a freer safer internet. no expression


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Old Post Sep 30th, 2010 05:41 PM
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tsilamini
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quote: (post)
Originally posted by dadudemon
My sentiments exactly.


Like, look at TPB, demonoid or ISOHunt

these guys face constant legal problems, and have police raids on their servers (in Europe), and the user base continues to develop more refined methods.

Regardless of how organized these sites might be, piracy and the like is still a hugely horizontally organized phenomenon, with a very tech savvy base. Even if it were possible to effectively combat these people, are the losses of the MPAA or RIAA really worth the, essentially, draconian measures this puts in place or the never ending flow of cash it is going to require?

There is this "new" Pirate political movement that is growing out of TPB, I think their stance on IP rights sort of throws the baby out with the bathwater, but a lot of what they say, especially regarding the sort of low level piracy this seems aimed at (as opposed to, say, combating counterfeit medicine), is very relevant. Piracy is more of a problem with distribution laws being archaic than it is about people wanting to steal.


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Old Post Sep 30th, 2010 06:45 PM
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Shakyamunison
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How will this affect the everyday Internet using like myself?


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Old Post Sep 30th, 2010 06:54 PM
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tsilamini
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depends what you use the internet for, but in general, it could be potentially catastrophic

so, for instance, currently, piracy is organized through hubs, like demonoid or ISOhunt or TPB. These sites operate in a type of legal limbo, because they only facilitate file sharing, which is not the same as (as far as current court cases go) distributing copyright material, and also provides a "plausible deniability" for the site owners, because they can say "we aren't responsible if some of our users want to distribute copyright material" (which a US court recently upheld in the current case against ISOhunt).

what this points to is the ever-changing nature of piracy, and its extreme adaptability. So, imagine these types of sites are shut down, everything will move, as it currently is, to Rapidshare links in forums. So, rapidshare could be targeted, but say that users then start the more direct FTP stuff through forums again. Are they going to start black-listing all forums that have, even if it is against forum policy, hosted links to personal servers? etc.

The problem is, so long as there is some way to transfer data on the internet, pirates will exploit this. If it means finding a way to pirate through facebook and KMC, they will do it. period. The potential from this is obvious.


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yes, a million times yes

Old Post Sep 30th, 2010 08:00 PM
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tsilamini
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actually, makes me think there is probably an untapped potential for p2p from craigslist...


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yes, a million times yes

Old Post Sep 30th, 2010 08:05 PM
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Mindship
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So what is the solution, if there is one?


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Old Post Sep 30th, 2010 08:06 PM
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tsilamini
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to which problem?


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yes, a million times yes

Old Post Sep 30th, 2010 08:06 PM
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Mindship
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Internet piracy.


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Old Post Sep 30th, 2010 08:07 PM
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tsilamini
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what, like the conceptual term "internet piracy"?

idk, when are you going to change your sig and avatar pics?

EDIT: my point being that, the idea of "internet piracy" is very poorly defined. Obviously I get your point more than I am letting on, I just think there are better ways to interpret it.

So like, instead of looking at internet piracy as a problem, maybe it is better to look at how companies might be compensated for the way the internet is organized today.

For me, let the RIAA or MPAA or any other body come forward with a legitimate accounting of what they think are real losses, and take them to arbitration with the major ISPs, whose infrastructure it is that such data is being distributed on.


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yes, a million times yes

Last edited by tsilamini on Sep 30th, 2010 at 08:11 PM

Old Post Sep 30th, 2010 08:08 PM
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dadudemon
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quote: (post)
Originally posted by inimalist
to which problem?


Seems he means the crack down.


And the reprocussions will be an all-out cyber war against "The Man" with "The Man" losing the battle very swiftly. The "laws" need to adapt, not the people adapt to the laws. The products need to adapt as well.


What's sad is I may one day be the moron that has to fight against that cyber war. sad I don't want to be on the losing side. no expression


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Old Post Sep 30th, 2010 08:13 PM
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tsilamini
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quote: (post)
Originally posted by dadudemon
What's sad is I may one day be the moron that has to fight against that cyber war. sad I don't want to be on the losing side. no expression


or a mole

we could always use a mole


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yes, a million times yes

Old Post Sep 30th, 2010 08:16 PM
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Mindship
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quote: (post)
Originally posted by inimalist
what, like the conceptual term "internet piracy"?
What would be better than COICA in terms of dealing with the problem COICA was meant to address?

quote: (post)
when are you going to change your sig and avatar pics?
Why mess with perfection.


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Old Post Sep 30th, 2010 08:21 PM
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dadudemon
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quote: (post)
Originally posted by inimalist
or a mole

we could always use a mole


Nah. I'm way to honest and patriotic. I was also told that being patriotic can sometimes be taking down a destructive regime...but I don't think that applies in this situation. Just old white men being idiots.


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Old Post Sep 30th, 2010 08:23 PM
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Shakyamunison
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quote: (post)
Originally posted by inimalist
depends what you use the internet for, but in general, it could be potentially catastrophic

so, for instance, currently, piracy is organized through hubs, like demonoid or ISOhunt or TPB. These sites operate in a type of legal limbo, because they only facilitate file sharing, which is not the same as (as far as current court cases go) distributing copyright material, and also provides a "plausible deniability" for the site owners, because they can say "we aren't responsible if some of our users want to distribute copyright material" (which a US court recently upheld in the current case against ISOhunt).

what this points to is the ever-changing nature of piracy, and its extreme adaptability. So, imagine these types of sites are shut down, everything will move, as it currently is, to Rapidshare links in forums. So, rapidshare could be targeted, but say that users then start the more direct FTP stuff through forums again. Are they going to start black-listing all forums that have, even if it is against forum policy, hosted links to personal servers? etc.

The problem is, so long as there is some way to transfer data on the internet, pirates will exploit this. If it means finding a way to pirate through facebook and KMC, they will do it. period. The potential from this is obvious.


So, in other words, someone could get onto a forum like this one, do illegal activity and cause this forum to be closed. Did I interpret you right?


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Old Post Sep 30th, 2010 08:42 PM
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tsilamini
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quote: (post)
Originally posted by Shakyamunison
So, in other words, someone could get onto a forum like this one, do illegal activity and cause this forum to be closed. Did I interpret you right?


I haven't seen the bill, so don't quote me, but that would have to be the way the law worked, because as it is now, demonoid, isohunt, pirate bay, all of these types of sites have, in their conditions of use, the statement that the site is not to be used for illegal purposes.

in fact, enforcement of this would turn forum mods into gvt employees


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yes, a million times yes

Old Post Sep 30th, 2010 08:47 PM
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Shakyamunison
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Gender: Male
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quote: (post)
Originally posted by inimalist
I haven't seen the bill, so don't quote me, but that would have to be the way the law worked, because as it is now, demonoid, isohunt, pirate bay, all of these types of sites have, in their conditions of use, the statement that the site is not to be used for illegal purposes.

in fact, enforcement of this would turn forum mods into gvt employees


eek! Not good.


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Old Post Sep 30th, 2010 08:49 PM
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