Link to op-ed regarding pending "blacklist" legislation:
"Stop the Great Firewall…" NYTimes op-ed.
See also Twitter post by a former Journalism prof of mine, @MarshallYoum.
In addition to the obviously devastating repercussions for freedom of political speech, this piece of legislation plainly has chilling implications for anyone conducting internet research, and also works to circumvent American copyright law - because blacklisting does not allow for the exercise of Fair Use claims. Under current American copyright law, the burden of proof is on the plaintiff: he or she must demonstrate that the material in question constitutes infringement and that it does not represent a fair use of copyrighted material. Removing the potentially infringing material without giving the defendant an opportunity for such a defense clearly runs counter to the spirit of American law regarding intellectual property, which is intended to foster innovation, not suppress it - and would impermissibly chill forms of speech in which the public has a legitimate and enduring interest.
See also Twitter post by a former Journalism prof of mine, @MarshallYoum.
In addition to the obviously devastating repercussions for freedom of political speech, this piece of legislation plainly has chilling implications for anyone conducting internet research, and also works to circumvent American copyright law - because blacklisting does not allow for the exercise of Fair Use claims. Under current American copyright law, the burden of proof is on the plaintiff: he or she must demonstrate that the material in question constitutes infringement and that it does not represent a fair use of copyrighted material. Removing the potentially infringing material without giving the defendant an opportunity for such a defense clearly runs counter to the spirit of American law regarding intellectual property, which is intended to foster innovation, not suppress it - and would impermissibly chill forms of speech in which the public has a legitimate and enduring interest.