As obnoxious as this Bill is, I don't see it becoming law. Maybe my relaxed attitude is due to being in Australia, which has already rejected any concept of an internet filter (shame about the gaming classifications, though).
Yes, it could conceivably become law. Yes, it is far too broadly framed and should be severely cut back - if not outright dropped - if the legislators responsible are genuine about their stated objects. Yes, it could be used in an utterly draconian manner, and in the ways that Jim Sterling asserts. I'd be much more worried about the privacy and reporting aspects of the Bill, which seem much more likely to get through in a modified format.
portal_cat said:
they don't have a leg to stand on. And don't forget the fact the Supreme Court will probably help kill this bill because it violates the First Amendment right of free speech.
This was my first thought when I read the Bill. There is no way in hell it could operate as broadly as asserted without violating the First Amendment, even if it does become law. The power to shut down sites depends on obtaining a court order, and that's going to be hard act to pull off. The SCOTUS won't let it through unless the conservatives on the bench suddenly abandon all sense of principle (I can't see Scalia doing that, and I think Thomas would act similarly). I'm no US constitutional scholar, but my understanding of the First Amendment is that it wouldn't allow such uses of such a law unless the company's property rights were so badly affected that the infringement of free speech was justified. Given some of the previous decisions on freedom of speech, you'd pretty much need to be decimating the company's sales to have a solid case (at least, for domestic sites). That said, my understanding is that it wouldn't necessarily prevent someone from being liable for copyright infringements, and it may not prevent foreign sites from being shut down or rendered inaccessible from within the US.
Some of the other provisions - particularly regarding the "avoidance of confirmation" aspects of the Bill - are absolutely chilling. The protectionist elements of the Bill should have the low-regulation conservatives screaming (unless they're hypocrites). It's a potential job-killer, not just for media-based sites and organisations, but for prospective investors and existing tech companies (by creating the possibility of new and ill-defined commercial liabilities). The message that the Bill sends is antithetical to the concepts the internet promotes and the essential dynamics of a capitalist system. As much faith as I have in the justice system to resolve things appropriately, aspects of this Bill need to be removed (or voted down like a raise for company directors) and the thresholds for bringing actions under this Act need to be substantially raised.
PS: Just in case it got lost in the text... well said, Jim. Maintain the rage, because crap like this is exactly what any responsible government is supposed to prevent.