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U.S. legislation threatens freedom of expression and innovation

November 18, 2011 in Business, Freedom of Expression, International, Politics, the Best Of Evoca... by admin  |  No Comments

In its November 15th Open Letter to the Committee on the Judiciary of the U.S. House of Representatives about freedom of expression, intellectual property and H.R. 3261, the Stop Online Piracy Act, the Global Network Initiative (GNI) voiced its concern that “provisions of the proposed U.S. law H.R. 3261, the Stop Online Piracy Act (SOPA) and related legislation could have dangerous unintended consequences for freedom of expression and economic innovation in the U.S. and around the world.” Evoca is a Company Member of the Global Network Initiative.

GNI Executive Director Susan Morgan wrote, “It is critically important that Congress avoid measures that could erode free expression norms in a way that would set dangerous precedent for other countries considering similar measures, and make it more difficult for companies everywhere to resist surveillance and censorship demands that infringe upon individual rights.”

In her November 15th New York Times Op-Ed Contributor article, “Stop the Great Firewall of America,” Rebecca McKinnon, GNI board member, also warns, “The bills would empower the attorney general to create a blacklist of sites to be blocked by Internet service providers, search engines, payment providers and advertising networks, all without a court hearing or a trial.”She continues, “The House version goes further, allowing private companies to sue service providers for even briefly and unknowingly hosting content that infringes on copyright — a sharp change from current law, which protects the service providers from civil liability if they remove the problematic content immediately upon notification. The intention is not the same as China’s Great Firewall, a nationwide system of Web censorship, but the practical effect could be similar.”

McKinnon also points out that, “… social networking services are protected by a “safe harbor” provision of the Digital Millennium Copyright Act, which grants Web sites immunity from prosecution as long as they act in good faith to take down infringing content as soon as rights-holders point it out to them.” McKinnon is a senior fellow at the New America Foundation and a founder of Global Voices Online.

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