Israeli Bill Would Allow Secret Courts To Issue Confidential Warrants To Block Web Sites Allegedly Involved In Copyright Infringement

from the how-did-we-end-up-here? dept

Wed, Jan 2nd 2013 9:41am — Glyn Moody

One of the most depressing developments in recent years has been the gradual adoption of legal approaches to tackling copyright infringement that a few years ago would have been regarded as totally unacceptable, and the hallmarks of a tinpot republic run by some ridiculous dictator. Here's another example, this time from Israel, involving secret courts and inscrutable judgments, as Jonathan Klinger explains:

Israel is to attempt, again, to pass a bill that authorizes police officers to issue warrants to Internet service providers to block or restrict access to specific websites involved either in gambling, child pornography or copyright infringement. The bill itself proposes that such administrative procedures shall be clandestine and that court decisions shall be made ex-parte, where some of the court's ruling will not be even disclosed to the owner of the website, and the court may hear and use inadmissible evidence.

So not only are we talking about a process that can be conducted in secret, based on "inadmissible evidence" and in the absence of the accused (ex-parte), but one where core aspects of the final judgment may be withheld from the individuals affected, who will therefore have no way of knowing what they stand accused of, and hence no way of challenging the block.

Some might regard this as proportionate when combatting crimes as serious as child pornography; but undermining basic principles of law to tackle gambling sites, or those allegedly providing unauthorized access to copyright materials, seems an incredibly high price to pay for very little benefit. It's yet another indication of the way in which a continuing but unwinnable war on sharing has seriously damaged fundamental aspects of how justice and society now function.

Follow me @glynmoody on Twitter or identi.ca, and on Google+

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: blocking, censorship, copyright, israel, secret courts

20 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

John Doe, 2 Jan 2013 @ 9:49am

It is amazing and saddening at the same time
It is both amazing and saddening that our liberties can be lost over something so trivial as copyright.
[ link to this | view in chronology ]
- gorehound (profile), 2 Jan 2013 @ 10:55am
  
  Re: It is amazing and saddening at the same time
  Yes and we must all fight the Establishment.Same fight some of us have been involved in for Decades.
  We can not give up the fight.
  Fuck The Copyright Maximalists !
  Boycott all MAFIAA ! Do not give your money to any of them.
  Support and Buy Local and Indie Art
  [ link to this | view in chronology ]
This comment has been flagged by the community. Click here to show it

out_of_the_blue, 2 Jan 2013 @ 9:52am

NO harm in NOT having "unauthorized access to copyright materials,"
is there? Look, copyright is a societal deal -- and I see no alternative -- that simply requires some updating against new ways in which the created works can be stolen. But you are NOT harmed by NOT having access to stolen content! -- NOT that I'm blind to or blithe about further implications: who here is more worried about the police state than me? -- But in just being flat against the stated goal, which can have NO other obvious effect, then you're just saying to hell with copyright.

Take a loopy tour of Techdirt.com! You always end up at same place!
http://techdirt.com/
Where Mike "supports copyright" -- except when he supports piracy.

[PS for this: yeah, I see it's a minion.]
[ link to this | view in chronology ]
- Rikuo (profile), 2 Jan 2013 @ 10:11am
  
  Re: NO harm in NOT having "unauthorized access to copyright materials,"
  So for the record, you support the erosion of civil liberties, of being charged with a crime and not being told about it, of laws being interpreted in secret rooms and of vital evidence being deemed inadmissible...all because someone copied some 1's and 0's?
  [ link to this | view in chronology ]
  - Vincent Clement (profile), 2 Jan 2013 @ 10:13am
    
    Re: Re: NO harm in NOT having "unauthorized access to copyright materials,"
    Correction:
    
    ...all because someone ALLEGEDLY copied some 1's and 0's
    [ link to this | view in chronology ]
- Vincent Clement (profile), 2 Jan 2013 @ 10:12am
  
  Re: NO harm in NOT having "unauthorized access to copyright materials,"
  But I am harmed if a site I use for legitimate purposes is blocked based on an allegation. Then again, you never have cared for due process.
  [ link to this | view in chronology ]
- Shadow Dragon (profile), 2 Jan 2013 @ 10:36am
  
  Re: NO harm in NOT having "unauthorized access to copyright materials,"
  So I guess you support totalitarianism with no oversight. Now that's low even for you.
  [ link to this | view in chronology ]
- Anonymous Coward, 2 Jan 2013 @ 11:02am
  
  Re: NO harm in NOT having "unauthorized access to copyright materials,"
  There indeed is no harm in not having unauthorized access to copyright materials. BUT in your dire need to just take up a talking point contrary to that stated in the article, this is about more than that. This is about a bill that would allow secret courts to issue confidential warrants to block, as in completely (a.k.a. censor) web sites for ALLEGED copyright infringement. Just think about that for a second. I know it's asking a lot, perhaps even too much, of you but do try.
  
  Also, as has been stated to the point of annoyance, copyright infringement is NOT theft. So please don't bring up "stolen content" again. It's an attempt to paint an act as something it's clearly not, in a pathetic attempt to make it appear far worse.
  
  As for the stated goal, I don't get what you're referring to or even talking about. This article wasn't about what you seem to think it is. "Boohoo. They're trying to keep us from getting unauthorized content in a manner that is illegal in some countries." The article is about the ends not justifying the means. Namely, the gross violation of due process on the mere claims of infringement. That can, and most assuredly will, be used as a stepping stone to block other websites. In no way is the article saying "to hell with copyright". It's sad that you grasp at straws that aren't even there just to take up a counter talking point, and one that barely makes sense at that.
  
  Seriously, do the world a favor, take your meds or smash your head against a brick wall as hard as is possible for a few hours. You can't end up any stupider than you already are. Heck, we might even see an improvement in your intelligence. Which isn't saying much as you can't get any lower.
  [ link to this | view in chronology ]
  - Rikuo (profile), 2 Jan 2013 @ 11:26am
    
    Re: Re: NO harm in NOT having "unauthorized access to copyright materials,"
    I'm playing The Walking Dead at the moment. Every zombie I kill in the game, remarkably acts like OOTB and the other trolls. He has no logical sense of thought, a barely functioning brain and is fixated on one thing to the exclusion of all else. It is impossible to reason with him/them and just doesn't stay down, when all evidence says they should.
    [ link to this | view in chronology ]
    - Shadow Dragon (profile), 2 Jan 2013 @ 11:32am
      
      Re: Re: Re: NO harm in NOT having "unauthorized access to copyright materials,"
      The funny thing is Techdirt,EFf are fighting for the freedom of speech on the internet without it,they can't troll,I asked does he want his right to troll taken away by things he supports. Ask him that many times as necessary his head will explode.
      [ link to this | view in chronology ]
- Anonymous Coward, 2 Jan 2013 @ 11:13am
  
  Re: NO harm in NOT having "unauthorized access to copyright materials,"
  Now if a secret court issued a warrant for the permanent banning of OOTB from accessing the internet without allowing OOTB to give a defence etc. would OOTB think that this is justified and that his civil liberties haven't been breeched.
  [ link to this | view in chronology ]
  - Shadow Dragon (profile), 2 Jan 2013 @ 11:24am
    
    Re: Re: NO harm in NOT having "unauthorized access to copyright materials,"
    I just trolled him on the next story.Hr's such an idiot.He fell right into it,Hook,Line and Sinker.
    [ link to this | view in chronology ]
  - Anonymous Coward, 2 Jan 2013 @ 6:57pm
    
    Re: Re: NO harm in NOT having "unauthorized access to copyright materials,"
    How about if a secret court blocked a website dedicated to infringing activity instead- since that seems to be what the rest of us are all talking about.
    [ link to this | view in chronology ]
Anonymous Coward, 2 Jan 2013 @ 9:55am

AJ here is further proof that copyright is leading to a totalitarian society.
[ link to this | view in chronology ]
Anonymous Coward, 2 Jan 2013 @ 9:59am

If this was something related to all the terrorist attacks in Israel I wouldn't be that surprised, but for copyright infringement!

Really Israel, you've solved all of your problems, so now the threat of copyright infringement is the most important thing to deal with! Gee, silly me, I thought Palestine and all the other nearby countries that want to destroy you and wipe you off the map were your most pressing concern, rather then something trivial like this.

Oh right, silly me again! Copyright infringement = worse then terrorism!
[ link to this | view in chronology ]
Anonymous Monkey (profile), 2 Jan 2013 @ 10:06am

Carreon Effect ...
I think governments are the worst offenders as far as applying the Carreon effect... in everything they do it seems
[ link to this | view in chronology ]
velox (profile), 2 Jan 2013 @ 10:27am

**AA assault on fundamental freedoms
AC's here have assailed and ridiculed accusations that the media industry was seeking to have laws passed which directly erode constitutional freedoms. I believe I've seen the words "wild-eyed", and "tinfoil hat" used.

Now I'm not familiar with the Israeli constitution, but I have to believe that the right of citizens to due process in a public court of law is found somewhere within it.

No tinfoil hat is required to see that if such a law were passed in the US it would very likely violate at least the 5th amendment.
[ link to this | view in chronology ]
- Anonymous Coward, 2 Jan 2013 @ 6:55pm
  
  Re: **AA assault on fundamental freedoms
  As you noted, you are not familiar with the Israeli constitution.
  [ link to this | view in chronology ]
weneedhelp (profile), 2 Jan 2013 @ 11:06am

Jews or Nazis?
Seems as if they are becoming more like Nazi Germany... well... then Nazi Germany.
[ link to this | view in chronology ]
Anonymous Coward, 2 Jan 2013 @ 11:08am

and who started all this shit? 3 guesses, as if anyone needs more than one!!!
[ link to this | view in chronology ]