119 pointsby archagon4 months ago11 comments
  • Terr_4 months ago
    Everything you love about the DMCA, in a brand new flavor and easier to abuse against free speech.

    There's no penalty for crazy/spam requests, but you're destroyed if you ever miss one.

    • deadbabe4 months ago
      Can’t you just host a server outside of US jurisdiction?
      • brookst4 months ago
        Sure, whatever you say, Mr. Noriega.
  • thephyber4 months ago
    I usually don’t get outraged at bills that are not laws yet, but… The Congress webpage says it has already passed the Senate and has 20 cosponsors, roughly even from each party.
    • Cornbilly4 months ago
      It passed in the last Senate with a voice vote, which means it had overwhelming support.

      Thankfully, it being in the previous Senate means that the bill has to start over. Hopefully, the increased scrutiny will lead to amendments or killing the bill.

      With Trump essentially admitting that he intends to abuse it, I have a bad feeling that it’ll pass with a party line vote.

  • 4 months ago
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  • readyplayernull4 months ago
  • ChrisArchitect4 months ago
    Related:

    The Take It Down Act isn't a law, it's a weapon

    https://news.ycombinator.com/item?id=43293573

  • ingohelpinger4 months ago
    they will keep pushing until encryption has been made illegal.
  • wetpaws4 months ago
    [dead]
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  • otterley4 months ago
    [flagged]
    • jordanb4 months ago
      The point of this article is there are insufficient safeguards against fraudulent take-down notices. There isn't even the theoretical safeguard that the DMCA has.

      There is no downside to the person making a frivolous claim, and there is a very aggressive deadline for compliance, meaning that sites will just go ahead and insta-delete anything anyone files a complaint against.

    • Hizonner4 months ago
      > What happened to EFF in the past few years? Seems like they're increasingly taking stances that are on the wrong side of public opinion.

      What's happened to the public in the past few years? Seems like they're increasingly easily fooled into supporting dumb knee-jerk responses that will have obvious, extremely destructive (hopefully) unintended consequences.

    • mattmaroon4 months ago
      Did you even read the article? They're not claiming there is actually anything wrong with requiring operators to take down NCII. In fact they say 48 states already have laws to do this.

      Their issue is that with a 48 hour window and pretty loose definitions of what must be taken down, it's going to lead to smaller companies just taking down anything at all that someone files that claim for. Even bigger companies might just err on the side of caution and take down anything flagged, the way they once did with DMCA notices. That system was abused for quite some time.

      Consensual adult porn, for instance, is legal here and protected by the First Amendment. What if your porn company's rival just files that notice on you? Can Pornhub adjudicate every dispute in 48 hours?

      What happens with a claim made against any communication that is end-to-end encrypted and thus unviewable by the operator? Etc.

      "The takedown provision applies to a much broader category of content—potentially any images involving intimate or sexual content—than the narrower NCII definitions found elsewhere in the bill. The takedown provision also lacks critical safeguards against frivolous or bad-faith takedown requests. Lawful content—including satire, journalism, and political speech—could be wrongly censored. "

    • croes4 months ago
      Maybe you should read what Trump said on how he will use the Act

      https://news.ycombinator.com/item?id=43290002

    • krapp4 months ago
      Why should the EFF be primarily influenced by public opinion? The public is often ignorant or apathetic about electronic surveillance and privacy invasion, or else they welcome the panopticon with open arms because corporate and propaganda have successfully manufactured their consent.

      And as the article states, laws already exist to address the issue. To simply assume this law would be interpreted or executed in good faith, especially given the current American political climate, seems naive.

  • 7e4 months ago
    I’ve heard this argument and seen the pearl clutching about every Internet bill that has ever been considered. They whip Internet activists into a frenzy. None of it has borne out once the bills have become law. It’s Chicken Little every time.
    • blackqueeriroh4 months ago
      You’re absolutely incorrect. Would you like to know the impacts of the previous bills that passed? You probably wouldn’t know.
      • 7e4 months ago
        The CDA, COPPA, DMCA, GDPR and copyright directives were all predicted (hysterically) to destroy the Internet. Oops, it still exists.
        • Seattle35034 months ago
          Those laws have re-shaped the entire internet.
          • 7e4 months ago
            Laws are designed to have an effect, that is their purpose. However, the changes did not live up to the hysteria. Most of the doomsday predictions were so embarrassing in retrospect that the original articles have since been taken down.
        • mattmaroon4 months ago
          I don't know who said "destroy" but COPPA and the DMCA have had a lot of negative effects. And some positive ones too, but it's hard to argue they succeed in their objectives at all really, and easy to see the harms.
        • 00__004 months ago
          They didn't destroy the internet, but they did embolden the platforms at the cost of smaller players, who couldn't step up
        • hiddencost4 months ago
          Questionable.
          • 7e4 months ago
            Low effort responses are disregardable.
        • bee_rider4 months ago
          The DMCA is pretty terrible.

          GDPR is fine. The only annoying thing about it is the petulant malicious compliance banners that some sites started using in response. Unfortunately it didn’t destroy the ad/tracking based internet, but that was probably too optimistic.

        • loeg4 months ago
          The GDPR has had huge and shitty impact on the entire internet. It's night and day with cookie banners on every website. DMCA has pros and cons. But it's clear the lack of real penalties for bogus copyright notifications leads to abuse.
          • bee_rider4 months ago
            The cookie banners aren’t mandated by the GDPR, they are malicious sites’ response to the GDPR.
            • p3rls4 months ago
              Lol, when GDPR came out one of our euro devs was threatening to walk out if we didn't put a banner up because he thought he'd be personally fined.

              Now it's obvious of course.

            • loeg4 months ago
              Where did I claim cookie banners were mandated by the GDPR? I don't think this is responsive to my comment.
            • yellow_postit4 months ago
              They were/are and entirely predictable response.

              The broader issue with GDPR is the benefit it gives incumbents over startups.

              • bee_rider4 months ago
                It might not be the best result, but at least the bad sites are identifying themselves.
          • JTyQZSnP3cQGa8B4 months ago
            The GDPR is unrelated to the internet. It is very deep and protects my personal information in every company. Please educate yourself.
            • loeg4 months ago
              This is not responsive to my comment.
    • 8474_s4 months ago
      DMCA alone reshaped the internet, with DMCA copyright notices becoming a shady industry of supression and fear.

      GDPR is the source of all those "mandatory cookie consent" banners that Firefox now has builtin features to detect them.

      COPPA besides making websites either ban children or become "family-friendly", led to this corporate scheme: `A small fee was charged by Microsoft under COPPA as a way to verify parental consent. The fee was donated to the National Center for Missing and Exploited Children.[48] Google, however, charges a small fee as a way to verify one's date of birth. `( https://en.wikipedia.org/wiki/Children's_Online_Privacy_Prot... )

      CDA and its derivatives, striped much of section 230 protections: https://en.wikipedia.org/wiki/Communications_Decency_Act#Sec...

    • Panzer044 months ago
      There's another circumstance where people were calling out threats and mostly no one cared - the recent presidential election. it's difficult to argue nothing will change when on occasion it does.
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    • guelo4 months ago
      nothing ever happens