THE NINETEEN SENATORS WHO VOTED TO CENSOR THE INTERNET

from the free-speech-isn't-free dept

This is hardly a surprise but, this morning (as previously announced), the lame duck Senate Judiciary Committee unanimously voted to move forward with censoring the internet via the COICA bill -- despite a bunch of law professors explaining to them how this law is a clear violation of the First Amendment. What's really amazing is that many of the same Senators have been speaking out against internet censorship in other countries, yet they happily vote to approve it here because it's seen as a way to make many of their largest campaign contributors happy. There's very little chance that the bill will actually get passed by the end of the term but, in the meantime, we figured it might be useful to highlight the 19 Senators who voted to censor the internet this morning:

• Patrick J. Leahy -- Vermont
• Herb Kohl -- Wisconsin
• Jeff Sessions -- Alabama
• Dianne Feinstein -- California
• Orrin G. Hatch -- Utah
• Russ Feingold -- Wisconsin
• Chuck Grassley -- Iowa
• Arlen Specter -- Pennsylvania
• Jon Kyl -- Arizona
• Chuck Schumer -- New York
• Lindsey Graham -- South Carolina
• Dick Durbin -- Illinois
• John Cornyn -- Texas
• Benjamin L. Cardin -- Maryland
• Tom Coburn -- Oklahoma
• Sheldon Whitehouse -- Rhode Island
• Amy Klobuchar -- Minnesota
• Al Franken -- Minnesota
• Chris Coons -- Delaware

This should be a list of shame. You would think that our own elected officials would understand the First Amendment but, apparently, they have no problem turning the US into one of the small list of authoritarian countries that censors internet content it does not like (in this case, content some of its largest campaign contributors do not like). We already have laws in place to deal with infringing content, so don't buy the excuse that this law is about stopping infringement. This law takes down entire websites based on the government's say-so. First Amendment protections make clear that if you are going to stop any specific speech, it has to be extremely specific speech. This law has no such restrictions. It's really quite unfortunate that these 19 US Senators are the first American politicians to publicly vote in favor of censoring speech in America.

STOP THE INTERNET BLACKLIST

By David Segal and Aaron Swartz

When it really matters to them, Congressmembers can come together -- with a panache and wry wit you didn't know they had. As banned books week gets underway, and President Obama admonishes oppressive regimes for their censorship of the Internet, a group of powerful Senators -- Republicans and Democrats alike -- have signed onto a bill that would vastly expand the government's power to censor the Internet.

The Combating Online Infringement and Counterfeits Act (COICA) was introduced just one week ago, but it's greased and ready to move, with a hearing in front of the Judiciary Committee this Thursday. If people don't speak out, US citizens could soon find themselves joining Iranians and Chinese in being blocked from accessing broad chunks of the public Internet.

Help us stop this bill in its tracks! Click here to sign our petition.

COICA creates two blacklists of Internet domain names. Courts could add sites to the first list; the Attorney General would have control over the second. Internet service providers and others (everyone from Comcast to PayPal to Google AdSense) would be required to block any domains on the first list. They would also receive immunity (and presumably the good favor of the government) if they block domains on the second list.

The lists are for sites "dedicated to infringing activity," but that's defined very broadly -- any domain name where counterfeit goods or copyrighted material are "central to the activity of the Internet site" could be blocked.

One example of what this means in practice: sites like YouTube could be censored in the US. Copyright holders like Viacom often argue copyrighted material is central to the activity of YouTube, but under current US law, YouTube is perfectly legal as long as they take down copyrighted material when they're informed about it -- which is why Viacom lost to YouTube in court.

But if COICA passes, Viacom wouldn't even need to prove YouTube is doing anything illegal to get it shut down -- as long as they can persuade the courts that enough other people are using it for copyright infringement, the whole site could be censored.

Perhaps even more disturbing: Even if Viacom couldn't get a court to compel censorship of a YouTube or a similar site, the DOJ could put it on the second blacklist and encourage ISPs to block it even without a court order. (ISPs have ample reason to abide the will of the powerful DOJ, even if the law doesn't formally require them to do so.)

COICA's passage would be a tremendous blow to free speech on the Internet -- and likely a first step towards much broader online censorship. Please help us fight back: The first step is signing our petition. We'll give you the tools to share it with your friends and call your Senator.