@JJpenguin said:
I have a question i hope someone can shed some light on. As i'm from the UK i'm less well versed in your constitution and political system, so bear with me if i make any dumb remarks. My understanding is they want to change the law in the USA, but if major sites stored their data abroad while also operating abroad, would the government have any real power to shut them down if they refused to comply with copyright legislation (for example if Wikipedia moved its servers and staff to europe)?
I understand they can restrict access to international websites, but within western liberal democracies I have no real knowledge of major sites having being blockaded like that? Indeed, would the American people stand for such an intrusion on their personal sovereignty to browse whichever sites they wish, even if such sites lie outside of the American jurisdiction?
It is irrelevant where your website is located. The US asserts jurisdiction over ALL *.COM TLDs and further asserts that non *.COM TLDs are under our jurisdiction, too, because the root DNS servers are located in the US. The logic being that "when you type in the domain of a site, it has to query the root DNS servers and since those are in this country, that means we have jurisdiction over it". So, they take possession of the domain and re-route it to point somewhere else of their own choosing (which also fucking breaks secure DNS, which we've been working hard to formalize and put into place universally for years, now).
Of course, there is also a major flaw in the logic regarding the root DNS servers. Not every DNS query hits the root servers. Most of your DNS requests are hitting a cache - either on your machine or at your ISP or elsewhere. Your query may never go even remotely near the US. But politicians and corporate lobbyists have been known to simply not give a fuck about that "nerd stuff" and, in fact, expressed glee during deliberations in expressing just how ignorant they are of the technical aspects of the internet and how this law would impact it. And when given the opportunity to have experts of all stripes testify to explain it to them, they dismissed it.
Also, this has all already been done. ICE (a division of the Department of Homeland Security, which is a pretty fucking vile and new institution) has confiscated tons of domains without any due process. They simply said "hey, those domains! we want them!". They took them and pointed them elsewhere.
http://torrentfreak.com/u-s-government-seizes-bittorrent-search-engine-domain-and-more-101126/
Essentially, we're going to take what we want when we want it, because fuck the rest of the world.
Also, you don't seem to be aware of this current event, but not only can we take control of your site - whether you're in America, Canada, the UK, or the fucking moon, but we can even demand that your (UK) government extradite a UK citizen for running a website where he linked to another site with copyright infringing (in the US) content.
http://www.techdirt.com/articles/20120113/09184917400/us-to-extradite-uk-student-copyright-infringement-despite-site-being-legal-uk.shtml
@Lurkero said:
Aren't politicians supposed to consider all sides of a bill BEFORE writing it and getting ready to vote?
I'm not sure if you're an American citizen, or not. I presume that you aren't, because in American, you consider all the sides that financially support you and then you side with the lobbyist that financially supported you, the most. In this case, you'll find that the authors of the bill (and most of its supporters) are significantly (often above any other industry) supported by groups like the RIAA, MPAA and movie/music companies. Also, if they were supposed to consider all sides, they would never pass the atrocious shit they have over the last decade, because nobody is eager about the idea of giving up their first, fourth, and fifth amendment rights.
Also, if they were supposed to consider all sides, regardless of financial support, then they would also have to consider things like how there is no conclusive evidence that copyright infringement negatively impacts business (it may or may not, but there is no conclusive evidence that it does and there are even studies indicating to the contrary). They'd also have to take into consideration all of the musicians and other artists who support file-sharing and are against the industry, the labels, and their treatment of file-sharers. Some who even encourage the spread of their own work via file-sharing, whether or not their labels give a damn.
Of course, you're only speaking of writing it and voting on it. What you didn't mention was "reading it". And that is wise, because they usually do not read it. Politicians almost never read an entire bill front to back. It's easy to slip things in. And when they do read them, they don't necessarily understand them (look up the coverage on how fucking ignorant the legislators were on this issue and how gleeful they were about being ignorant).
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