AfterDawn: Tech news

New E-PARASITE Act would gut DMCA protections

Written by Rich Fiscus (Google+) @ 27 Oct 2011 14:05 User comments (23)

New E-PARASITE Act would gut DMCA protections A version of PROTECT IP, the bill designed to allow the government or copyright holders to effectively shut down websites accused of IP infringement via blacklisting, has been introduced in the US House of Representatives.
Note: This bill has since been renamed SOPA, or The Stop Online Piracy Act

If you thought PROTECT IP was bad, you're really going to hate the House version, called The E-PARASITE Act. It expands on the language in PROTECT IP, which would already give private IP holders get court orders blacklisting websites and forcing ad and payment providers to suspend their accounts.

E-PARASITE includes language allowing those private entities to demand ad and payment providers cut off alleged infringers without involving the courts at all. What's worse, this right would apply to any website which:

is taking, or has taken deliberate actions to avoid confirming a high probability of the use of the U.S.-directed site to carry out acts that constitute a violation of section 501 or 1201 of title 17, United States Code.


If that sounds familiar, you may be familiar with the lawsuit against YouTube where Viacom made exactly that allegation. In that case, which is being appealed right now, the court ruled in YouTube's favor because the DMCA doesn't require service providers to actively police content from their users.

Making matters worse, while PROTECT IP focuses solely on services provided from outside the US, with the reasoning they are run by companies outside the jurisdiction of normal US legal processes, the right of private action in E-PARASITE has no such restriction.

In other words, E-PARASITE would essentially gut the safe harbor protections in the DMCA. Service providers, rather than IP holders, would be held responsible for finding and eliminating copyright infringement.

As the Viacom case and numerous other examples have shown, even the legal departments at entertainment companies are often unable to distinguish between officially sanctioned and unauthorized content.

ISPs would also be given additional responsibilities under E-PARASITE. Where PROTECT IP simply requires them to redirect DNS queries for blacklisted domain names, E-PARASITE rewords their responsibillity to taking, "technically feasible and reasonable measures designed to prevent access by its subscribers."

Another new provision in E-PARASITE would, according to Sherwin Sly of Public Knowledge, allow the Justice Department to take action against anyone who even publishes a list of blocked IP addresses or explains how to circumvent the blocks. According to the bill, action may be taken:

against any entity that knowingly and willfully provides or offers to provide
a product or service designed or marketed for the circumvention or bypassing of measures described in paragraph (2) and taken in response to a court order issued pursuant to this subsection, to enjoin such entity from interfering with the order by continuing to provide or offer to provide such product or service.


Read the full text of the bill:

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23 user comments

127.10.2011 15:05

Finally Afterdawn talks about this Dangerous Bill,Hollywood,The MPAA and RIAA WANT MORE AND MORE AND MORE AND MORE Even when they get what they want!We need to stop these crooks!

227.10.2011 15:11

Oh here we go so if I get this right anyone can make a claim of copyright infringement and then have a site taken down ok there goes youtube, myspace, TPB, and so on this law is again to protect the rich doesnt our goverment in the us understand we the people are sick and tire of all thier rules and just want to get on with our lives not fallow is some line to the slaughter house... we are sick and tired with all this maybe more people should vote and elect people with their ideas not just allow them to put who ever in the white house...

327.10.2011 17:40

People get tired of voting because of ridiculous laws like these that do more harm than good. In this case tho, I believe it'd be more than just common citizens that retaliate but also business consumers who risk having their sites taking down throwing certain business models out the window. I for one can't see this passing, but shall it ever, I'd be more inclined to say F the net, and only use it for occasional browsing on my smart phone.

427.10.2011 18:33
llongtheD
Inactive

Can anyone name one thing the government has run successfully? How well do you think the government taking over the net will turn out? Ah well, we have a corrupt government completely run by big business, what do you expect?

528.10.2011 6:01

Please, could someone suggest they pass a law requiring a royalty from every person listening to music or watching movies on a per viewing basis even on CDs and DVDs! The backlash would put them out of business within months and everyone could get back to fair use again. These morons won't be happy till they kill the industry and take as many other industries with them as they can. WHAT A BUNCH OF MORONIC WHINERS!

The fact that congress is even considering this blows my mind. The economies in Europe and the US are in the toilet and they keep adding more restrictions on businesses. Kill the economy just to get a few pennines for the campeign fund. TOATLLY INSANE!

628.10.2011 9:34

Coming next, a government official to your house to "clean" your computer.

728.10.2011 9:55

Originally posted by DADEO1:
Coming next, a government official to your house to "clean" your computer.
They will just contract that out to google, who will get everyone in the neighborhood at the same time via Wi-Fi using information collected for Google street view.

828.10.2011 10:24

Originally posted by DADEO1:
Coming next, a government official to your house to "clean" your computer.
No, coming next: a government official coming to your house to "wash" your mind.

928.10.2011 10:53

Originally posted by KillerBug:
Originally posted by DADEO1:
Coming next, a government official to your house to "clean" your computer.
No, coming next: a government official coming to your house to "wash" your mind.
They don't do that "in home" they do it in schools and the NEA is doing it free. Well paid for by the mandatory fee.

1028.10.2011 11:40

Originally posted by FreddyF:
Originally posted by KillerBug:
Originally posted by DADEO1:
Coming next, a government official to your house to "clean" your computer.
No, coming next: a government official coming to your house to "wash" your mind.
They don't do that "in home" they do it in schools and the NEA is doing it free. Well paid for by the mandatory fee.
Sounds like you've already been "washed".

1128.10.2011 12:25

I find it interesting that the damned lawyers are getting to a point that even they can't grasp the verbiage of all the bullshit their slinging anymore. I truly believe we are coming to a new 'dark age'. The rich of our society are going to start holding Spanish inquisitions & Marquis De Sade parties off the backs of the poor before December 21, 2012 (end of the earth I believe).

Sure, I'm taking a bit of comedic licenses here, but just how far off the mark can a guy get?


1228.10.2011 18:23
graystroke
Inactive

Originally posted by mystic:
Oh here we go so if I get this right anyone can make a claim of copyright infringement and then have a site taken down ok there goes youtube, myspace, TPB, and so on this law is again to protect the rich doesnt our goverment in the us understand we the people are sick and tire of all thier rules and just want to get on with our lives not fallow is some line to the slaughter house... we are sick and tired with all this maybe more people should vote and elect people with their ideas not just allow them to put who ever in the white house...

Yes the gummet knows AND DOES NOT CARE!!!!! they will continue to suffocate this nation with commie laws until we look worse then the Soviet empire back in the day oh if you only knew the extent of the TSA in Tennessee now making road side inspections...yeah hang on and get the pop corn this will be unfolding a pretty interesting picture....

1329.10.2011 12:44

Originally posted by LordRuss:
I find it interesting that the damned lawyers are getting to a point that even they can't grasp the verbiage of all the bullshit their slinging anymore. I truly believe we are coming to a new 'dark age'. The rich of our society are going to start holding Spanish inquisitions & Marquis De Sade parties off the backs of the poor before December 21, 2012 (end of the earth I believe).

Sure, I'm taking a bit of comedic licenses here, but just how far off the mark can a guy get?
Nothing will Happen on the date 12 21 2012. unless somebody with/in power wants something to happen. Besides the earth was here long before we were and it will remain so, long after we're gone.
This message has been edited since its posting. Latest edit was made on 29 Oct 2011 @ 12:51

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1429.10.2011 12:50

EDIT... I didn't see your response earlier...

This message has been edited since its posting. Latest edit was made on 29 Oct 2011 @ 12:52

1529.10.2011 12:53

Originally posted by LordRuss:
I was being quoted, but you never got to be quoted back for anything... I.e., your comment never made it in. I guess you were either laughing too hard or dumbfounded to the point of speechless?
browser being stupid. its been doing that lately. Probably auto learning :P
This message has been edited since its posting. Latest edit was made on 29 Oct 2011 @ 12:54

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173.11.2011 4:25

I have great pity for anyone who doesn't realize how truly dangerous this is.

I've heard people make jokes about 1984, but that's the direction all this is headed. The global implications of something like this make me genuinely scared not just for our own freedom, but the freedom of everyone worldwide.

This just gets their foot in the door. Once the precedent has been set, how long do you think it would be before the IP-oriented portion of all this gets extended to something else like people who speak against the government? Or even sites like this one?

184.11.2011 1:23
llongtheD
Inactive

Originally posted by CarpeSol:
I have great pity for anyone who doesn't realize how truly dangerous this is.

I've heard people make jokes about 1984, but that's the direction all this is headed. The global implications of something like this make me genuinely scared not just for our own freedom, but the freedom of everyone worldwide.

This just gets their foot in the door. Once the precedent has been set, how long do you think it would be before the IP-oriented portion of all this gets extended to something else like people who speak against the government? Or even sites like this one?
Your not alone. How scary is it that our "president" is meeting in Cannes France to give away billions in taxpayer dollars, with out congressional approval, to bail out Greece? This bill is just another step to seizing control, and stripping freedom. Can you say one world government?

If your fish seems sick, put it back in the water.

195.11.2011 4:45

Originally posted by llongtheD:
Originally posted by CarpeSol:
I have great pity for anyone who doesn't realize how truly dangerous this is.

I've heard people make jokes about 1984, but that's the direction all this is headed. The global implications of something like this make me genuinely scared not just for our own freedom, but the freedom of everyone worldwide.

This just gets their foot in the door. Once the precedent has been set, how long do you think it would be before the IP-oriented portion of all this gets extended to something else like people who speak against the government? Or even sites like this one?
Your not alone. How scary is it that our "president" is meeting in Cannes France to give away billions in taxpayer dollars, with out congressional approval, to bail out Greece? This bill is just another step to seizing control, and stripping freedom. Can you say one world government?
More people are starting to wise up to what's happening, but that portion of the population is getting steamrolled. I can't help but think "too little, too late".

205.11.2011 6:01

This country has a whole lot of guns in private hands...it is just too bad that most of those hands are controlled by people who watch Fox News.



215.11.2011 6:24

'This country has a whole lot of guns in private hands...it is just too bad that most of those hands are controlled by people who watch Fox News."

No kidding..
Here in AZ there's a lot of extreme right wing religious zealots, skinheads and nasty cops. Lifted 4x4 for no apparent reason why the trucks are lifted in the first place. A alcoholic Sheriff, and Governor who has her own agenda. They are right wing beyond right wing. I'm an indie who tries to look at both sides sides of issues.

Lifted truck: North XXX XXXX church in rear window. Below the Church sticker there's pictures of crossed assault rifles and a handgun. I own a handgun but when I look at the trucks window I get a mixed message. The truck has a black exterior paint job. No buddy in their right mind takes a black truck four wheeling. For show yes but the truck is not in car/truck show condition. Oh the hypocrisy.....

Jeff

This message has been edited since its posting. Latest edit was made on 05 Nov 2011 @ 6:33

Cars, Guitars & Radiation.

226.11.2011 11:29

Most folks I have seen that want to be "that far right wing" never seem to have enough money to 'actually be' whatever that definition of whatever they're calling the modern right winger; thus feeding into said hypocrisy...

Personally, I can't sleep with that much contradiction going on in my head...


237.11.2011 1:33
llongtheD
Inactive

Originally posted by KillerBug:
This country has a whole lot of guns in private hands...it is just too bad that most of those hands are controlled by people who watch Fox News.
It's not just the people watching fox news, name one reputable TV news organization that isn't slanted in one way or the other. Please don't say CNN, that would be like saying we have one of two choices; republican or democrat. I use reputable loosely, in one way or another, they are all being manipulated by the government just by the people they hire.

If your fish seems sick, put it back in the water.

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