DHS isn't waiting for COICA

Sen. Leahy's COICA bill to permit blacklisting and seizure of domains is progressing through the Judiciary Committee. It has 18 cosponsors. Most of them are "the usual suspects" types, Senators who don't care about whether the legislation they support is Constitutional, as long as it makes them feel good. I still think this is a violation of their oath of office. Constitutionality should be the first filter. I am disappointed to see Inhofe on the list, as I thought he had more sense than that. Sen. Ron Wyden has vowed to block a vote at least until 2011. So that's good.

But in the meantime, DHS is "seizing internet domains left and right." As Don Surber says, they are "protecting rappers instead of the border." By what authority do they do this, I wonder. If this can be done as an executive function, without the need for Congress to pass legislation, then COICA is superfluous. Or else it's the way the administration wants to handle other issues as well, that is, by executive fiat. I'm thinking of using the EPA's regulatory powers to declare CO2 a pollutant and regulate it without any legislative authority. That "government of laws" business sounds nice, but it gets in the way sometimes. Pesky laws!

Natural News links to Demand Progress, where there is a petition.

I said last year that the days of the free Internet were numbered: Federal Marshals will be coming in to clean up this town, or Yes we can stop the signal.

Update: More on this from David Post at The Volokh Conspiracy: Copyright Enforcement Tail Wags Internet Dog, Cont’d; or, What the Hell Ever Happened to Due Process? An excerpt:

It’s an outrage. To begin with, there’s the bizarre spectacle of the Department of Homeland Security – which, last I looked, had some important issues before it that actually relate to “homeland security” — expending time and resources to protect purely private interests (of. e.g., the Louis Vuitton handbag manufacturers and Warner Brothers’ Records). And the operation perfectly illustrates the objections we raised in the COICA Letter: 80 websites — many of them operating overseas — have now been prevented from speaking to US citizens even though the website operators, whose domains were seized, had no notice or opportunity to respond to the charges against them (and to argue, for instance, that they are NOT infringing copyrights or trademarks), no adversary hearing, and certainly no adjudication before a neutral, that anything unlawful is going on at these sites, only an affidavit to that effect submitted by the ICE.

Sen. Leahy's plan to dismantle the Internet on hold for recess

The bill is S. 3804, the Combating Online Infringement and Counterfeits Act, or COICA. (Full text.) It has 16 co-sponsors, including a few Republicans.

Commentary and comments at Techdirt, PC Mag, Fox News, ZDnet (Australia), EFF, and elsewhere.

From the Fox News story:

Internet advocates warn the legislation would open a door for a handful of people in the federal government to wantonly power off entire websites that may be operating legally under current law. Though senators suggest the bill would save jobs by cracking down on piracy, critics say it will hurt the economy by threatening fledgling companies whenever copyrighted material shows up on their sites. "If this bill had been law five or 10 years ago, there's a good chance that YouTube would no longer be around," Peter Eckersley, senior staff technologist at the Electronic Frontier Foundation, told FoxNews.com.

Eckersley said the bill would mark a drastic departure from current law by allowing the government not just to strip copyrighted material off an offending website, but to order the shutdown of a domain name altogether.

Eighty-seven engineers who played a role in the creation of the Internet have sent a letter to the Judiciary Committee urging it to sideline the bill.

"If enacted, this legislation will risk fragmenting the Internet's global domain name system (DNS), create an environment of tremendous fear and uncertainty for technological innovation, and seriously harm the credibility of the United States in its role as a steward of key Internet infrastructure," they wrote. "All censorship schemes impact speech beyond the category they were intended to restrict, but this bill will be particularly egregious in that regard because it causes entire domains to vanish from the Web, not just infringing pages or files. Worse, an incredible range of useful, law-abiding sites can be blacklisted under this bill."

They can't keep their grubby paws off.

Leahy has been in office far too long. All the political crystal gazers seem to think that there's no chance he will lose this election. I'll be hoping for Len Britton to surprise them on election night. It's a shame that the Republican Party is not supporting its own candidate.

Update: David Post at The Volokh Conspiracy says that COICA is "a truly awful bill."