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 5:31 PM, Dec 12, 2011 • By DANIEL HALPERJen Rubin makes the case today that the anti-piracy bills pending in the House, the Stop Online Piracy Act (SOPA), and Senate, the Protect Intellectual Property Act (PIPA), are likely unconstitutional. The bills essentially call for censorship of online speech in such a way, and with so little recourse for those accused of "infringing" on intellectual property rights, that the bills will likely not survive the scrutiny of the courts even if they do survive in Congress. But if Congress does pass these laws, it will be a testament to the enormous power and influence of two Democratic special interest groups—the Hollywood lobby, comprised of the Motion Picture Association of America and the Recording Industry Association of America, and the trial lawyers.
If you're wondering why lawyers and Hollywood folks would get behind legislation to censor the Internet, you only need to listen to former Senator Chris Dodd, now the head of the MPAA, who last week explained to Variety that the lobby is only asking for the same kind of power to censor the Internet as the government has in the People's Republic of China:
"When the Chinese told Google that they had to block sites or they couldn't do [business] in their country, they managed to figure out how to block sites."
Indeed, that is precisely the kind of abuse of power we are already seeing from the collaboration between Hollywood and the government on this issue. Last week a tech website reported on a website seizure by the Immigration and Customs Enforcement at the behest of the Recording Industry:
The US government has effectively admitted that it totally screwed up and falsely seized & censored a non-infringing domain of a popular blog, having falsely claimed that it was taking part in criminal copyright infringement. Then, after trying to hide behind a totally secretive court process with absolutely no due process whatsoever (in fact, not even serving papers on the lawyer for the site or providing timely notifications -- or providing any documents at all), for over a year, the government has finally realized it couldn't hide any more and has given up, and returned the domain name to its original owner. If you ever wanted to understand why ICE's domain seizures violate the law -- and why SOPA and PROTECT IP are almost certainly unconstitutional -- look no further than what happened in this case.
Even in China they are calling it the “Great Firewall of America.” At least the Chinese are enjoying the irony of the U.S. government moving toward a legal regime that would give it carte blanche to seize and take down websites on the basis of "infringement." Tech Dirt, the site that reported on the above domain seizure, quotes one Chinese blogger on Sina Weibo subversively commenting on the progress of SOPA and PIPA in Congress:
It looks like that we can finally export our technology and value to the Americans. We’re strong, advanced, and absolutely right!
1:32 PM, Aug 10, 2011 • By MICHAEL WARRENDid the Obama administration compromise intelligence and sensitive military information by giving a Hollywood director high level access to details of the killing of Osama bin Laden? That’s what Rep. Peter King (R-N.Y.), chairman of the House Homeland Security Committee, wants to investigate.
Read more... Mental illness before our eyes.3:40 PM, Mar 9, 2011 • By PHILIP TERZIANLike most Americans, I suspect, I have no strong feelings in any direction on the subject of Charlie Sheen. I am neither a fan nor habitual detractor.
Read more... A tale of two movies.Mar 7, 2011, Vol. 16, No. 24 • By JOHN PODHORETZ
Among those who make their living watching movies and writing about them, there seems to be a consensus that it is a matter of the gravest moment. The King’s Speech appears likely to win the Best Picture Oscar on February 27 rather than The Social Network, and this, they believe, will prove to be a calamitous cultural event.
Read more... 10:00 AM, Feb 1, 2011 • By BEN SHAPIRO
On January 18, MTV premiered “Skins,” an egregiously semi-pornographic television show featuring underage kids engaging in drug deals, sex, and sex talk of every sort, while consistently outsmarting their enraged and clueless parents.
Read more... 11:45 AM, Dec 6, 2010 • By STEPHEN SCHWARTZ
Last April, when I was in Sarajevo, the Bosnian metropolis, Angelina Jolie and Brad Pitt happened to make a quick tour of the country, coming by private plane from Venice, where Jolie was filming The Tourist, a mystery pic with Johnny Depp.
Read more... Conservatives should not cede the precincts of popular culture. Mar 22, 2010, Vol. 15, No. 26 • By ED GILLESPIE
Read more... Welcome to the Lifestream.9:00 AM, Mar 9, 2010 • By MATTHEW CONTINETTIDon't miss contributing editor David Gelernter's thoughts on the future of the Internet. A lot is going on in his 35-paragraph essay, but I was struck by this observation in particular:
Nowness is one of the most important cultural phenomena of the modern age: the western world's attention shifted gradually from the deep but narrow domain of one family or village and its history to the (broader but shallower) domains of the larger community, the nation, the world. The cult of celebrity, the importance of opinion polls, the decline in the teaching and learning of history, the uniformity of opinions and attitudes in academia and other educated elites — they are all part of one phenomenon. Nowness ignores all other moments but this. In the ultimate Internet culture, flooded in nowness like a piazza flooded in sea water, drenched in a tropical downpour of nowness, everyone talks alike, dresses alike, thinks alike.
This is exactly how I felt during the hour or so I spent watching the Oscars on Sunday. Hollywood seemed so small. Not geographically or financially. But in terms of cultural hegemony. The only real "star" on the scene -- in the sense that Cary Grant or Bette Davis were "stars" -- was Meryl Streep. And she lost. Of the nominees for Best Picture, Avatar was the only cultural experience in which the entire world participated. It lost, too.
Read more... A queen’s life before she became the Widow of Windsor.Mar 1, 2010, Vol. 15, No. 23 • By JOHN PODHORETZ
The Young Victoria
Directed by Jean-Marc Vallée
Read more... When films were movies, Irving Thalberg was the (young) man to see in Hollywood.Jan 18, 2010, Vol. 15, No. 17 • By JOSEPH EPSTEINRead more...
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