I'm going to just trim this to the relevant sections to save visual space.
[*]What makes a site a piracy site according to the bill?
‘Sec. 2324. Internet sites dedicated to infringing activities
an Internet site is ‘dedicated to infringing activities’ if such site
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 offer
goods or services in violation of title 17, United States Code, or enable or facilitate a violation of title 17, United States Code
engaged in the activities described in subparagraph (A), and when taken together, such activities are central to the activity of the Internet site or sites accessed through a specific domain name.[/p]Say goodbye to rapidshare, mediafire, hotfile, and pretty much all other file hosting sites people go to for pirated materials. Also pretty much every torrent site. And the sites of all filesharing programs/networks. If youtube wasn't so anal about removing videos they'd risk removal as well with the way these terms are worded.
[*]What happens when somebody files a claim against you?
‘(b) Injunctive Relief
the court may issue a temporary restraining order, a preliminary injunction, or an injunction against the domain name used by an Internet site dedicated to infringing activities to cease and desist from undertaking any infringing activity in violation of this section, in accordance with rule 65 of the Federal Rules of Civil Procedure. A party described in subsection (e) receiving an order issued pursuant to this section shall take the appropriate actions described in subsection (e).[/p]So they can punish you if you're even accused of piracy. Well, at least you'll get SOME warning...
[*]Wait, what's this "rule 65" they mention?
http://www.law.cornell.edu/rules/frcp/Rule65.htm
(b) Temporary Restraining Order.
(1) Issuing Without Notice.
The court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if:
(A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and
(B) the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required. [/p]Okay, so they have the ability to have action taken against you even if you're just accused of piracy, with no prior warning to you...
[*]Well, what exactly is the action they take?
(e) Service of Court Order-
‘(1) DOMESTIC DOMAINS- In an in rem action to which subsection (d)(1) applies, the Attorney General shall serve any court order issued pursuant to this section on the domain name registrar or, if the domain name registrar is not located within the United States, upon the registry. Upon receipt of such order, the domain name registrar or domain name registry shall suspend operation of, and lock, the domain name.[/p]And when you're accused of something they remove your domain from US access, without having to give you any warning.
[*]Okay well, the ISPs can just refuse to blacklist it, right?
‘(g) Enforcement of Orders- In order to compel compliance with this section, the Attorney General may bring an action against any party receiving a court order issued pursuant to this section that willfully or persistently fails to comply with such order. A showing by the defending party in such action that it does not have the technical means to comply with this section shall serve as a complete defense to such action.[/p]Okay, the ISP is forced to by the court or they'll be in trouble...
[*]Well what if it's a mistake?
‘(3) REMOVAL FROM LIST- The Attorney General shall establish and publish procedures for the owner or operator of a domain name appearing on the list established under paragraph (1) to petition the Attorney General to remove such domain name from the list based on any of the factors described under subsection (h)(1)(B).[/p]So you'd need to petition the Attorney General... THE Attorney General? A single man? Yes, Eric Holder (current holder of that position). You have to convince Eric Holder to remove your site from the list because somebody didn't like you and filed a complaint to get your site removed.
No. Fuck this shit.
I would have gotten into this earlier, but I'm sick today and didn't feel like doing a bunch of legal reading.