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Showing posts from November, 2010

Some thoughts on COICA and ACTA

S. 3804: Combating Online Infringements and Counterfeits Act ("COICA") is on its way to the full Senate after breezing through Committee 19-0.  It provides procedures for the U.S. Attorney General ("AG") to shut down a web site that is "primarily designed, has no demonstrable, commercially significant purpose or use other than, or is marketed by its operator, or by a person acting in concert with the operator..." to violate copyright or trademark rights.  The provisions are slightly more detailed in terms of what the AG must show in order to temporarily or permanently shut down a site (not much!), jurisdictional (in rem proceedings) and appeal issues, and other fun stuff found in a piece of legislation (except this one's got a distinct "guilty until proven innocent" ring to it), but that's the gist of it.  See here for a rundown of the threats to free speech, innovation and internet architecture contained in the bill as currently written…