Senator Leahy Hopes To Rush Through PIPA By Promising To Study DNS Blocking... Later?!?

from the say-what-now? dept

Thu, Jan 12th 2012 2:49pm — Mike Masnick

As we noted yesterday, staffers in both the House and the Senate quietly started floating the idea that they would drop the DNS provisions in the bill... in the hopes that maybe it would calm down the growing unrest about SOPA/PIPA. Senator Leahy today made the first official statement on the matter, and it's ridiculous. Rather than drop the DNS blocking, or even hold off on voting on the bill -- both of which would be sensible steps in a much bigger process, he wants to rush the bill through... but ignore the DNS provisions until there's a chance to "study" the impact of them:

As I prepare a managers' amendment to be considered during the floor debate, I will therefore propose that the positive and negative effects of this provision be studied before implemented, so that we can focus on the other important provisions in this bill, which are essential to protecting American intellectual property online, and the American jobs that are tied to intellectual property. I regret that law enforcement will not have this remedy available to it when websites operating overseas are stealing American property, threatening the safety and security of American consumers. However, the bill remains a strong and balanced approach to protecting intellectual property through a no-fault, no-liability system that leverages the most relevant players in the Internet ecosystem.

In other words, pass the bill now... then wait until all the furor dies down... and then we turn on the DNS blocking provisions when no one's paying attention. This is just nasty politics. It's an attempt to ram through everything while pretending to listen to constituent concerns. This lets Leahy and PIPA/SOPA supporters pretend that DNS blocking is no longer an issue in the bill... get the bill approved... and then figure out some way to turn them on later. Ridiculous.

It's incredibly important to let Leahy -- and every other Senator -- know that this is totally unacceptable. If there are big concerns on the bill, and he's suddenly going to release a manager's amendment that no one's seen yet, shouldn't we stop moving forward with the bill, give everyone a chance to digest what it's saying, explore the issues and concerns and then determine if the bill has any merit? Instead, he's still trying to move forward with a bill that has all sorts of problems: it still involves censorship for "information location tools" (just not DNS blocking). It still has a very broad definition for a rogue site. It still has the private right of action that will lead to a ton of lawsuits. There are tons of problems... and punting DNS blocking down the road to shove the rest through is just obnoxious.

Still, this shows that the public outcry has been working. Leahy more or less admits this in his statement:

The process in drafting the legislation has always been an open one in which we have heard from all third parties, and have worked to address as many outstanding concerns as possible. It is through this process that we have gained the support of the majority of third parties who will be asked to take action under the legislation, as well as a bipartisan group of 40 cosponsors in the Senate.

It is also through this process that I and the bill’s cosponsors have continued to hear concerns about the Domain Name provision from engineers, human rights groups, and others. I have also heard from a number of Vermonters on this important issue. I remain confident that the ISPs – including the cable industry, which is the largest association of ISPs – would not support the legislation if its enactment created the problems that opponents of this provision suggest. Nonetheless, this is in fact a highly technical issue, and I am prepared to recommend we give it more study before implementing it.

That first paragraph is ridiculous. PIPA drafting has not been open at all. Traditionally such bills are widely shared with others, including those who oppose. PIPA was not. Traditionally, hearings are held for controversial bills. No hearings were held on PIPA. The tech community has repeatedly reached out and offered to be a part of the discussions... and it was ignored.

That said, the fact that he's "heard from a number of Vermonters on this important issue" shows that the grassroots effort -- with many people calling, emailing and visiting the Senator, are having an impact. But it needs to continue -- and even amplify. Senator Leahy needs to know that this is not a reasonable solution. He needs to know that if there are concerns with the bill, we should wait band not rush it. He needs to know that if he's making last minute changes, he should be sharing those with the outside world -- who he claims is a part of the process... and let them comment on the bill.

Hell, he could just look at the Wyden/Issa alternative bill, OPEN. Whatever you think of the OPEN Act, the backers of that bill need to be commended. They put the bill up on the web and made it editable by all, so that anyone and everyone could be a part of the feedback process. That process has been ongoing, and out of that process, a final bill will be drafted. Why wouldn't Senator Leahy do something like that? Why wouldn't he slow down, let everyone explore the bill? If he's really serious about wanting to hear from everyone on the bill... why rush it through without hearing from anyone (except, we imagine... some lobbyists).

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Filed Under: copyright, dns blocking, patrick leahy, pipa, protect ip, punt, security, study

40 Comments

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Anonymous Coward, 12 Jan 2012 @ 3:11pm

No compromises. SOPA/PIPA is an affront to freedom of speech and has to be killed deader than a doornail and Lamar Smith expelled from office back to whatever unAmerican cesspit of fecal ooze from whence he came. If he likes the Great Firewall of China so much, and Big Government Chinese-style, why doesn't he go become Comrade Lamar?

There needs to be a lesson learnt into each MAFIAA capo's head: "Don't fuck with the Internet".

Counterfeiting is a completely separate issue and should be handled by separate legislation that can be passed at an accelerated rate.

Once the MAFIAA and their toadies in Congress are punished, we can look at OPEN. OPEN is more reasonable but shouldn't be passed unless coupled with fundamental copyright reform, a return to the pre-1976 regime of notice, registration, and escrow with the Library of Congress, reduction of copyright terms for all existing works, codification of fair use, and comprehensive orphan works legislation. Unless copyright is balanced to be fair to consumers once again, looking at enforcement is premature.
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- Suja (profile), 12 Jan 2012 @ 3:58pm
  
  Re:
  a return to the pre-1976 regime of notice, registration, and escrow with the Library of Congress, reduction of copyright terms for all existing works, codification of fair use, and comprehensive orphan works legislation. Unless copyright is balanced to be fair to consumers once again, looking at enforcement is premature.
  
  what would that look like? in more detail
  
  i'm not very well versed in the older copyright version, just the broken pile of kaka we have today
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  - Jay (profile), 12 Jan 2012 @ 7:10pm
    
    Re: Re:
    An actual public domain where people could pull from various sources and make stories or products without worrying about copyright infringement our infringing on a patent.
    [ link to this | view in chronology ]
    - Jeffrey Nonken (profile), 12 Jan 2012 @ 7:37pm
      
      Re: Re: Re:
      And a registration requirement. Right now everything you write is automatically copyrighted. This message you're reading now is copyrighted. WHY? I don't consider it worth copyrighting, I don't want it copyrighted, it's STUPID. It shouldn't be copyrighted unless the author spends the $2 or whatever and sends in a copy and fills out the forms. It's cheap, it's simple, but it requires more effort than simply typing it.
      
      And the copyright terms were limited to a few years. I forget exactly, 14? 20? Certainly not 70 years plus the heat death of the universe.
      
      Here is some light reading on the subject of extended copyrights.
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      - btrussell (profile), 13 Jan 2012 @ 3:42am
        
        Re: Re: Re: Re:
        http://en.wikipedia.org/wiki/Copyright_Term_Extension_Act
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      - Anonymous Coward, 13 Jan 2012 @ 4:24am
        
        Re: Re: Re: Re:
        the copyright terms were limited to a few years. I forget exactly
        
        Copyright Act of 1790: 1 Statutes At Large, 124
        
        An Act for the encouragement of learning, by securing the copies of maps, Charts, And books, to the authors and proprietors of such copies, during the times therein mentioned.
        
        Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, .�.�. for the like term of fourteen years from the time of recording the title thereof in the clerk�s office as aforesaid. And if, at the expiration of the said term, the author or authors, or any of them, be living, and a citizen or citizens of these United States, or resident therein, the same exclusive right shall be continued to him or them, his or their executors, administrators or assigns, for the further term of fourteen years; .�.�.
        
        (Emphasis added.)
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        Anonymous Coward, 13 Jan 2012 @ 4:50am
        
        Re: Re: Re: Re: Re:
        Statute of 8 Anne, c.19 (1709)
        
        Anno Octavo
        Ann� Regin�.
        
        An Act for the Encouragement of Learning, by Vesting the Copies of Printed Books in the Authors or Purchasers of such Copies, during the Times therein mentioned.
        
        �.�.�. and that the Author of any Book or Books already Composed and not Printed and Published, or that shall hereafter be Composed, and his Assignee, or Assigns, shall have the sole Liberty of Printing and Reprinting such Book and Books for the Term of fourteen Years, to Commence from the Day of the First Publishing the same, and no longer �.�.�.�.
        
        (Emphasis added. Note that text in source crosses pages.)
        [ link to this | view in chronology ]
        
        Anonymous Coward, 13 Jan 2012 @ 4:57am
        
        Re: Re: Re: Re: Re: Re:
        Statute of Monopolies 1623, 21 Jac. 1, c.3
        
        Provided alsoe That any Declaracion before mencioned shall not extend to any tres Patents and Graunt of Privilege for the tearme of fowerteene yeares or under, hereafter to be made of the sole working or makinge of any manner of new Manufactures within this Realme, to the true and first Inventor and Inventors of such Manufactures, which others at the tyme of makinge such tres Patents and Graunts shall not use, soe as alsoe they be not contrary to the Lawe nor mischievous to the State, by raisinge prices of Commodities at home, or hurt of Trade, or generallie inconvenient; the said fourteene yeares to be accomplished from the date of the first tres Patents or Grant of such priviledge hereafter to be made, but that the same shall be of such force as they should be if this Act had never byn made, and of none other.
        
        (Emphasis added.)
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anon, 12 Jan 2012 @ 3:16pm

Kill the bills
Neither SOPA or PIPA can be fixed they need to be killed outright!
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- Suja (profile), 12 Jan 2012 @ 3:57pm
  
  Re: Kill the bills
  yup no matter how much you polish a turd it's still a turd, just flush it already
  [ link to this | view in chronology ]
  - TtfnJohn (profile), 12 Jan 2012 @ 5:40pm
    
    Re: Re: Kill the bills
    Well, remember Mythbusters did prove that you could shine up little balls of poop so they look like jewels. ;-)
    
    Still poop though I doubt the results of the episode are still around.
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Anonymous Coward, 12 Jan 2012 @ 3:26pm

so leahy is preparing a secret bill to replace pipa, called a managers amendment? when do we get to see that? what other stuff will he add? who is negotiating this, and behind whose closed doors?
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- Anonymous Coward, 12 Jan 2012 @ 4:49pm
  
  Dems 4 the People
  Senator Leahy is just following the way the Dems lick Business to get paid.
  
  Pelosi- We Have to Pass the Bill So That You Can Find Out What Is In It
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  - TtfnJohn (profile), 12 Jan 2012 @ 5:43pm
    
    Re: Dems 4 the People
    Strikes me that on this issue Republicans haven't been any better.
    [ link to this | view in chronology ]
    - Anonymous Coward, 15 Jan 2012 @ 11:40am
      
      Re: Re: Dems 4 the People
      Really, Where's the Dems equivalent to Erik Erickson??
      
      Prominent Rightwing Blogger Promises To Work Hard To Defeat Any Rightwing SOPA Supporters In Congress
      http://www.techdirt.com/articles/20111223/02475917176/prominent-rightwing-blogger-promises -to-work-hard-to-defeat-any-rightwing-sopa-supporters-congress.shtml
      
      Put your money where your mouth is.
      
      I hate both parties and I have to point out that the "peoples party" Dems are just as corrupt.
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Anonymous Coward, 12 Jan 2012 @ 3:32pm

Quote:
the bill remains a strong and balanced approach to protecting intellectual property through a no-fault, no-liability system that leverages the most relevant players in the Internet ecosystem.

WTF!

That is exactly why those bills must die, there is no penalties for doing the wrong thing, there is no liability for being dishonest or gamming that system.

Quote:
The process in drafting the legislation has always been an open one in which we have heard from all third parties

Lies and more lies, I didn't see the public concerns being allowed near those bills when they were being discussed and he is saying the contrary with a straight face?
I can't put in words what I feel right now, but it is not positive and can't be good for my health.

Quote:
It is through this process that we have gained the support of the majority of third parties who will be asked to take action under the legislation, as well as a bipartisan group of 40 cosponsors in the Senate.

They gained alright through good old fashioned use of force, not through agreement and debate.
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- Anonymous Coward, 12 Jan 2012 @ 3:59pm
  
  Re:
  
  They gained alright through good old fashioned use of force, not through agreement and debate.
  
  They appear to have been able to present a great deal more reasoned arguments and debate regarding the bills than Masnick seems to be able to provide.
  
  Old fashioned use of force, .... Yes it really suck when people have power, and it is not you.
  
  Yes, the worked to achieve a position of authority and therefore power, and have every right to exercise that power, after all the power they have received, has been provided by THE PEOPLE !!!
  [ link to this | view in chronology ]
  - Suja (profile), 12 Jan 2012 @ 4:05pm
    
    Re: Re:
    They appear to have been able to present a great deal more reasoned arguments and debate regarding the bills than Masnick seems to be able to provide.
    
    so what planet are you living on? i'd like to visit it
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    - Chosen Reject (profile), 12 Jan 2012 @ 4:11pm
      
      Re: Re: Re:
      No it's absolutely true that they presented a great deal more reason arguments. I don't have much in the way of reasoned arguments and debate. In fact, I only have 11.60 reasoned arguments in my wallet, and another 3.57 reasoned arguments in a jar at home. My bank holds on to all my other reasoned arguments for me.
      [ link to this | view in chronology ]
      - Suja (profile), 12 Jan 2012 @ 4:30pm
        
        Re: Re: Re: Re:
        ohhhh those "reasoned arguments", yup, for once darryl was right about something, we should give him a cookie
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    - Anonymous Coward, 12 Jan 2012 @ 6:20pm
      
      Re: Re: Re:
      planet Earth, but it is invitation only...
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  - TtfnJohn (profile), 12 Jan 2012 @ 5:54pm
    
    Re: Re:
    If you could show me a reasoned, demonstrable argument they've made I, along with many others would be delighted to see it.
    
    Thus far they haven't. Filling campaign fodders doesn't count as a reasoned argument. Nor does it count as open and public discussion.
    
    In fact, PIPA does have a bit of a backroom stench to it or Leahy wouldn't be bringing in a "managers amendment" to try to settle down some of the groups he mentioned. He'd have heard from them BEFORE the bill ever hit the Senate floor.
    
    To pretend that it can all be solved by putting off the DNS nonsense until it's studied, likely by the same people how studied it to come up with the nonsense to start with, before it's quietly implemented. Oh, joy!
    
    Actually, the power they received comes from both the people and the US Constitution not from those who fill their election coffers. It's long past time they remembered that.
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  - btrussell (profile), 12 Jan 2012 @ 5:56pm
    
    Re: Re:
    "Yes it really suck when people have power, and it is not you."
    
    Funny that it is okay to exercise power with money, but when done with physical strength...go to jail.
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Anonymous Coward, 12 Jan 2012 @ 3:36pm

Come On Voters
Do not forget to vote the bums out. If Congress is allowed to "study" PIPA/SOPA before the election, without passing the bills, then the danger is not over. The standard procedure for getting unpopular bills passed, is to do it straight after an election, then hope that the electorate has forgotten all about it before the next election. If a big enough majority of PIPA/SOPA supporters retain their seats, then those bills will be passed straight after the election.

Get organized. The tech industry will provide money IF there is an organization they can trust. Get the attack ads going. Do it.
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- darryl, 12 Jan 2012 @ 3:52pm
  
  Re: Come On Voters
  Get organized. The tech industry will provide money IF there is an organization they can trust. Get the attack ads going. Do it.
  
  The tech industry 'get organized', or hoping that the masnick worshipers are able to actually organize ANYTHING.
  
  the fact that you made that statement at this stage of the proceedings means you've LOST allready.
  
  If you cannot get organized by now, its WAY too late..
  
  If you have any dreams or hopes that Masnick will provide any organization or real support again,,, it's just not gonna happen.
  
  before you can organize you frst need to have at least a consistent line of argument... and you dont even have that.d
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  - Rikuo (profile), 13 Jan 2012 @ 12:08am
    
    Re: Re: Come On Voters
    "before you can organize you frst need to have at least a consistent line of argument... and you dont even have that.d"
    
    Methinks that you don't know what the word consistent means. Mike has been 100% consistent with writing about all the evils of SOPA/PIPA. Not once has he deviated.
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- gorehound (profile), 12 Jan 2012 @ 4:06pm
  
  Re: Come On Voters
  These guys in Washington need a serious lesson.What a bunch of corrupt assholes they are.
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Anonymous Coward, 12 Jan 2012 @ 3:44pm

lets play find the basic spelling/writing error...

Mike, do you not even bother to read your articles carefully before you publish ? QA anyone ?
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- btrussell (profile), 12 Jan 2012 @ 3:55pm
  
  Re:
  You didn't capitalize "let's" or include the apostrophe?
  
  Did I win?
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  - Chosen Reject (profile), 12 Jan 2012 @ 4:14pm
    
    Re: Re:
    Also, it's not standard writing style to put a space before sentence-ending punctuation. Can I share some of your win?
    [ link to this | view in chronology ]
    - Suja (profile), 12 Jan 2012 @ 4:35pm
      
      Re: Re: Re:
      it's not standard writing style to put a space before sentence-ending punctuation.
      
      well, darryl doesn't write in "our" standard writing style he writes in "crazy drunk ass hitting his hooves on the keyboard" which is like the standard writing style for him so putting spaces in weird places is part of the deal
      [ link to this | view in chronology ]
    - btrussell (profile), 12 Jan 2012 @ 6:01pm
      
      Re: Re: Re:
      Certainly!
      [ link to this | view in chronology ]
- Anonymous Coward, 12 Jan 2012 @ 5:27pm
  
  Re:
  Not QAing your written work is the standard these days. How do you think you got employed, son? It certainly wasn't with your way with words.
  [ link to this | view in chronology ]
- Hothmonster, 12 Jan 2012 @ 5:28pm
  
  Re:
  Coming from the guy who spaces between every sentence this is extra rich.
  [ link to this | view in chronology ]
- TtfnJohn (profile), 12 Jan 2012 @ 6:00pm
  
  Re:
  Another little point about your grammar and punctuation is that you only need one period after error not three.
  
  Maybe three in a chat room or leet speak but a forum isn't either so you're already at a C- in your post and it's only the end of the first line!
  
  Those who live in glass houses ought not to throw stones particularly when you tossed the stone though your own window before it landed here.
  [ link to this | view in chronology ]
Anonymous Coward, 12 Jan 2012 @ 4:18pm

Cable industry != ISP industry
It is through this process that we have gained the support of the majority of third parties who will be asked to take action under the legislation... I remain confident that the ISPs � including the cable industry, which is the largest association of ISPs � would not support the legislation if its enactment created the problems that opponents of this provision suggest.

Aha - so when he says that a majority of 3rd parties who have to take action support this, what he means is that he talked to those who also are in the broadcasting business. Nice.
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Robin, 12 Jan 2012 @ 5:39pm

Call Call Call Post Post Post
That said, the fact that he's "heard from a number of Vermonters on this important issue"

Like me :). Seriously, at least a dozen calls and emails, to the point where the receptionist almost recognizes my voice.

This though, caught him off-guard: http://t.co/piSwyzXt. Nearly 100 comments on the VPR page (of all things) for his lame interview, with a 99.99% opposing view on his authorship of PIPA. This explains his empty response imho (remember how small this state is!).

As a Vermonter, I'll ask this community, keep posting polite opposition to PIPA and web censorship on this page, his staff is watching, very closely.

'Tween you me and the gatepost, I agree with The Pirate Mike :), this statement is dirty pool and a stain on this state's history.
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- firefly (profile), 13 Jan 2012 @ 11:45am
  
  Re: Call Call Call Post Post Post
  Another Vermonter here, and calling Leahy's office now, as well as calling Sanders whom I believe is genuinely undecided, is more important than ever, because we have their attention. And do let's keep it polite, because they are watching. Make it clear that it's not OK to keep the managers' amendment under wraps until after the cloture vote is held. That's not an open process.
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ervserver (profile), 12 Jan 2012 @ 8:44pm

re
Lawmakers will weasel this bill through somehow, that's what they are being paid (by Hollywood) to do. Later on after the country turns ballistic and the law is overturned, the lawmakers can say well we tried, thanks for the money anyway
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- Hephaestus (profile), 13 Jan 2012 @ 7:32am
  
  Re: re
  I have a feeling that like Gun laws, laws to limit freedom of speech online are going to become very toxic to politicians.
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