from the how-are-those-corn-farmers,-rick? dept
Second, Cotton gets pretty angry about the "disinformation" around the bills, and insists that the bills "would not effect a single site in the United States." This is false. As we've explained repeatedly, while the targets of the legislation are sites with foreign domain names, the entire remedies section is about US sites -- meaning that they will have significant compliance costs, and potential liability under these laws. Furthermore, the anti-circumvention provisions of the bill are not limited to just foreign sites. Alexis pushed back on the anti-circumvention point, and Cotton claimed that Alexis was "simply wrong." But he's not. Cotton is "simply wrong" here again. Cotton claims that we should debate what's in the bill, and he should try reading the bill. In fact, Alexis has said that Cotton admitted after they were off the air that he was correct that the anti-circumvention provisions were not limited to just foreign sites. But that doesn't do any good for those who saw the segment but don't know the specifics.
Next, he claims it's totally wrong that a small amount of "legitimate activity would be threatened by this legislation." To be fair, Cotton and his buddies already got the power to take down tons of "legitimate activity" with the last copyright expansion bill they passed a few years ago, the ProIP bill. Either way, he's still wrong. Tons of legitimate content can and will be put at risk under these bills. We've already seen that companies -- including NBCUniversal -- have wrongly declared publicly that certain sites are "rogue" sites, despite the fact that they have tons of legitimate content. If you believe that Cotton and NBCUniversal will suddenly get better at finding sites that really only deal in infringement going forward, you haven't paid much attention over the last decade or so. Under existing law, we're already seeing legitimate websites taken down, and legitimate speech infringed upon. Hell, even the one prominent legal scholar who agrees with Cotton, Floyd Abrams, has admitted that protected speech would be censored under the bill.
Next, Cotton claims that the internet is "lawless" and that this whole thing is really a policy debate about how we finally put laws on the internet. This is, to put it mildly, insane. As Alexis points out in response, there are tons of laws that apply to the internet, and directly apply and are used every day to deal with infringing activity. To pretend otherwise is ridiculous. In fact, as Alexis notes, the DMCA is regularly abused by copyright holders to go way beyond what the law is supposed to allow.
Towards the end, Cotton claims that when a court in the Netherlands ordered The Pirate Bay blocked in that country, traffic to the site dropped by 80%. That's a flat out lie. I mean, ridiculously false. First off, considering that the legal fight over that has continued for years, and the court only ordered ISPs in the Netherlands to actually block The Pirate Bay... five days ago -- and gave them 10 days to comply -- I'm curious as to how he knows how much impact such a court order has had (er... will have) on traffic to The Pirate Bay. Separately, in every other place that has ordered such a block, traffic to TPB has actually gone up, not down, because the court order to block tends to give the site more attention. Just to make sure, I asked someone in the Netherlands if TPB was blocked for them, and he sent me the following screenshot showing that it's totally accessible (though, they're warning about the new ruling!). Either way, Cotton was flat out, 100%, totally lying about these "stats" from the Netherlands. No such block has occurred.