(2010-09-28) Wenger Coica Blacklist

Albert Wenger on the COICA bill and its Black List. COICA essentially establishes Internet Blacklists and gives ISPs immunity when they enforce the blacklists, meaning you can’t sue your ISP for suppressing a site that is on the blacklist. The current version of the bill proposes two separate blacklists: one that can be added to only by courts and another that can be added to by Attorney Generals. Sites would be added, according to the bill, if they are dedicated to infringing activity, such as making lots of copyrighted material available for download... With its use of the word “counterfeits” it is clearly linked to the equally misguided international effort known as the Anti-Counterfeiting Trade Agreement (ACTA), which I have decried previously... Now just to give you some idea of how incredibly bad an idea this is. Imagine a future conversation between Attorney Generals and oh say Craigs List. AGs: “We’ll have you added to the Blacklist” CL: “We are not infringing any copyrights” AGs: “You can fight that in court - after the entire country has lost access to your site.” The power of threatened law suits alone was enough to get Craigslist to shutter its perfectly legal adult services section — now imagine the change in the balance of power if there is a way to eradicate a site from the Internet.

This bill is S.3804, introduced by Patrick Leahy and Orrin Hatch.

Demand Progress has a petition.

Oct'2010 update: the bill was tabled until after the midterm elections. But the Chamber Of Commerce just sent a letter demanding the Senate pass the bill as soon as they come back in November.

• Demand Progress has a petition to send to the Chamber.