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You can read the bill here. The interesting part about this bill is that it modifies Title 18 of the US Code (crimes) and not Title 17 (copyrights). In addition, it authorizes the AG to do the virtual equivalent of confiscation of property without any judicial review beforehand. The only judicial review is a civil matter if the person whose website was taken down decides to file a civil action in court thereafter.

My concerns are not trying to defend those who are stealing others' intellectual property but that this sets up a really, really, really bad precedent that could be applied in other areas of government censorship. Say, for example, if they want to shut down Free Republic. They would shut down the site and then force JimRob to hire a lawyer and go after them in order to get that order lifted.

Not the way things are supposed to work in this country, last time I checked.

1 posted on 11/19/2010 5:41:08 AM PST by markomalley
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To: markomalley
Unanimous:

Jeff Sessions
Orin Hatch
Chuck Grassley
John Kyle
Lindsey Graham
John Cornyn
Tom Coburn

Damn

40 posted on 11/19/2010 6:40:35 AM PST by Protect the Bill of Rights
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To: markomalley

The America I grew up in died a long time ago. Just another step down.


44 posted on 11/19/2010 6:45:19 AM PST by sionnsar (IranAzadi|5yst3m 0wn3d-it's N0t Y0ur5:SONY|TV--it's NOT news you can trust)
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To: markomalley

November 18th, 2010

JUDICIARY COMMITTEE UNANIMOUSLY APPROVES BIPARTISAN HATCH BILL TO COMBAT COPYRIGHT INFRINGEMENT, PIRACY

http://hatch.senate.gov/public/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=60549ea5-1b78-be3e-e0fa-d3d186588fe6

” WASHINGTON – The Senate Judiciary Committee today approved legislation to combat copyright infringement and the sale of counterfeit goods online. The bipartisan Combating Online Infringement and Counterfeits Act was introduced in September by Senator Orrin Hatch (R-Utah) and Committee Chairman Patrick Leahy (D-Vt.). The Committee voted unanimously, 19-0, to send the legislation to the full Senate for consideration. “.....

“The Combating Online Infringement and Counterfeits Act is cosponsored by Judiciary Committee members Herb Kohl (D-Wis.), Chuck Grassley (R-Iowa), Dianne Feinstein (D-Calif.), Lindsey Graham (R-S.C.), Arlen Specter (D-Pa.), Tom Coburn (R-Okla.), Chuck Schumer (D-N.Y.), Dick Durbin (D-Ill.), Ben Cardin (D-Md.), Sheldon Whitehouse (D-R.I.), and Amy Klobuchar (D-Minn.), and Senators George Voinovich (R-Ohio), Evan Bayh (D-Ind.), Lamar Alexander (R-Tenn.), Kirsten Gillibrand (D-N.Y.) and Bob Menendez (D-N.J.). “


45 posted on 11/19/2010 6:47:19 AM PST by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one.)
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To: markomalley

I think this is why it is coming out of committee. But I think this point is deceptive.

..

As per Senate.gov website-

“The bill also provides safeguards allowing the domain name owner or site operator to petition the court to lift the order, and safeguards against abuse by allowing only the Justice Department to initiate an action, and by giving a federal court the final say about whether a particular site would be cut off from supportive services. “


47 posted on 11/19/2010 6:52:50 AM PST by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one.)
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To: markomalley

...if copyright infringement is deemed “central to the activity” of the site — regardless if the website has actually committed a crime.


Most copyright infringement is not a criminal matter, but is merely a civil violation of private property rights.


49 posted on 11/19/2010 6:53:38 AM PST by Atlas Sneezed ("If you touch my junk, I'm gonna have you arrested.")
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To: markomalley; Larousse2; Dubya-M-DeesWent2SyriaStupid!; GQuagmire; wintertime; Fred Nerks; ...
Image and video hosting by TinyPic

Web censorship bill sails through Senate committee
Daily Caller ^ | 11/19/2010 | Sam Gustin

On Thursday, the Senate Judiciary Committee unanimously approved a bill that would give the Attorney General the right to shut down websites with a court order if copyright infringement is deemed “central to the activity” of the site — regardless if the website has actually committed a crime. The Combating Online Infringement and Counterfeits Act (COICA) is among the most draconian laws ever considered to combat digital piracy, and contains what some have called the “nuclear option,” which would essentially allow the Attorney General to turn suspected websites “off.”

Article and # 1.

53 posted on 11/19/2010 7:08:24 AM PST by LucyT
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To: markomalley

Could cut and pasting from another website into a post be “copyright infringement” ???

What if the piece is sourced...credit given ???

What if its a Bible verse ???

Theres no end to the possible “violations”


54 posted on 11/19/2010 7:09:29 AM PST by Tennessee Nana
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To: markomalley

Wow, if this isn’t another foul intimidation tactic, I don’t know what is.

We need a ginormous Tea party and plant our boot on this government.

Unacceptable.


55 posted on 11/19/2010 7:11:46 AM PST by dforest
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To: markomalley

Can someone tell me why in the hell Tom Coburn’s name is on this bill?


62 posted on 11/19/2010 7:18:39 AM PST by Hoodat ( Don't touch my junk, Bro !)
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To: markomalley

This bill is horrible!! Make no mistake about it but....it is also just getting approved by a committee. That is not the same thing as being a law. Now that a committee drafted the bill, and each pig got their chance to add some pork to it, it can now be presented for a vote if neither side tries to stall the vote or toss it. Once it is up for a vote, if it passes, then it has to move over to the House of Representatives. They in turn will send it to committee, redraft it with their own pork, send it for a vote.

If is passes the House, it has still has to go to another committee that will try to reconcile the House’s pork and the Senate’s pork and make some bacon. If that works, then it will go to the oval office for signature. If it makes it that far though, it is likely to pass, since the law is in effect giving the administrative branch powers outside the checks and balances system our government is founded on.

It would then be contested in courts, which probably wouldn’t uphold it as the judicial branch tends to be very protective of its own place in the check and balances and this bill, in particular, has written them out of the process completely.


65 posted on 11/19/2010 7:24:00 AM PST by mojitojoe (In itÂ’s 1600 years of existence, Islam has 2 main accomplishments, psychotic violence and goat curr)
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To: markomalley
They are pushing things thru so fast, my head is swimming! They are not trying to hide their agenda anymore, they are blatantly right out in the open, showing they WILL control every aspect of our lives!

By 2012, we won't recognize this country anymore. PRAY!

67 posted on 11/19/2010 7:27:09 AM PST by blondee123 (REPEAL OBAMACARE, NO NEW TAXES, NO NEW SPENDING!)
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To: windcliff; onedoug

ping


70 posted on 11/19/2010 7:29:53 AM PST by stylecouncilor (What Would Jim Thompson Do?)
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To: markomalley

This must be stopped. It will definitely be used by leftists to try to shut down FreeRepublic.


71 posted on 11/19/2010 7:30:34 AM PST by Rocky (REPEAL IT!)
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To: markomalley
I have repeatedly called for a comprehensive listing of all congress-critters up for reelection in 2012,especially the most vulnerable ones. We need a list of who to deluge with calls and emails to stop this lame duck crap, otherwise, we risk wasted efforts.
73 posted on 11/19/2010 7:32:11 AM PST by nomad
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To: markomalley; All

The fact that they are going to RAM THIS DOWN OUR THROATS, like Healthcare, tells me that it will be very important to be one step ahead, or die.

By that, I mean F.R. and all posters.

Starting immediately, I will no longer post pictures, unless I am absolutely sure they are public domain.(such as pictures from CHEEZEBURGER.COM, or my own, or another Freepers creation)

I will not paste any text from a source article, or any other reference, without providing a SOURCE NAME and LINK.

I will help guide others who paste or post things that could endanger F.R.

I hope by setting an example, others will follow.

WHAT WILL YOU DO to save FREE REPUBLIC?


74 posted on 11/19/2010 7:33:01 AM PST by UCANSEE2 (Lame and ill-informed post)
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Interesting. Wired Magazine wrote;

... according to Electronic Frontier Foundation, a digital rights group that opposes the bill. ... There need not even be illegal content on a site — links alone will qualify a site for digital death ... or any other website that advocates for peer-to-peer file sharing or rejects copyright law, according to the group.

If this monstrosity passes, simply posting a URL on FR could in theory, shut down FR. Of course this would ALSO apply to DU and other democRAT sites as well.


81 posted on 11/19/2010 7:44:31 AM PST by pyx (Rule#1.The LEFT lies.Rule#2.See Rule#1. IF THE LEFT CONTROLS THE LANGUAGE, IT CONTROLS THE ARGUMENT.)
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To: markomalley
They would shut down the site and then force JimRob to hire a lawyer and go after them in order to get that order lifted.

Guilty until proven innocent...... This is a popular left wing tactic. Make legal fees so expensive, and entity cannot survive even though they're innocent. This is how the ACLU wins all it's cases. It has nothing to do with law or Constitutionality. (This is also how the left wrapped up the trial lawyer vote. The left brings them work.)

84 posted on 11/19/2010 7:50:05 AM PST by concerned about politics ("Get thee behind me, Liberal")
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To: markomalley

I went to see the bill. I got:


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Well, perhaps they will need to pass the bill, so that I can see what’s in it.


85 posted on 11/19/2010 7:50:12 AM PST by Lazamataz (Pelosi: Like a rapist, PROUD of their handiwork.)
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To: markomalley

Our congress cant find the time and will to cut spending and save some $$ for the folks who are getting ripped off of their retirement thru Social Security, but they can find time, and bipartisan support, for special deals and protectionism and a mass takeover of the internet, for the Media industries.

Socialism ain’t just for the poor!


89 posted on 11/19/2010 7:54:58 AM PST by TeachableMoment
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To: markomalley

Not good. Eric Holder is a criminal AG, and he’s not the first.

Janet Reno.

And JFK had his brother in the AG office, willing to do whatever he wanted. The Dems have always controlled the justice system when they hold the White House. Republicans are too stupid.

So, the committee is “unanimous.” The cowardly Republicans are worried about losing what little money they get from Hollywood?


96 posted on 11/19/2010 8:13:45 AM PST by Cicero (Marcus Tullius.)
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