A.K.A. An idea to tax and regulatethe consumers, the hosting companies, banks and credit card companieseven more, by"Pressure" and "Indirect Pressure"to unleash a “Tsunami of Federal felony cases” sent down from A God.
Is Internet "Exceptionalism" Dead? A.K.A. 1984 Due pressure replaces Due Process.
SAY WHAT?
“By placing "pressure" on [intermediaries like hosting companies, banks and credit card companies] to cut off service to customers [who break the law,] we can indirectly place pressure on companies, banks and credit card companies.”
“Any Internet user who cares about free speech or has a controversial or unpopular message should be concerned about the fact that 'intermediaries' might not let them express it.” ~Marcia Hofmann 2010
Alex and Josh above attempt to illustrate their point with the example of "secondary" liability for "copyright" infringement and [use, of all things, gasp,] Judge Kozinski’s own Roommates.com decision. Indeed. They reject “the conceit that [cyberspace] exists at all” as a distinct, let alone "exceptional" place, as well as arguments that the costs to Internet companies of handling traditional regulations are too high.
Alex Kozinski, Chief Judge of the Ninth Circuit Court of Appeals, and Josh Goldfoot, Department of Justice litigator—each writing only in their "private" [nudge, nudge, wink-wink] capacity—in “A Declaration of the Dependenceof Cyberspace.” 32 Colum. J.L. & Arts 365 (2009).
Exceptionalism (if it is to even be "percieved" to be a "real" word) is the "perception that a country, society, institution, movement, or time period is "" (i.e., unusual or extraordinary) in some way and thus does not need to "conform" to "normal" rules or "general" principles. ..."
In short, Alex and Josh want nothing more than to regulate the local state, even more, and tax and regulate the consumers, the hosting companies, banks and credit card companies more, by "pressure" and "indirect pressure" at a federal and state level and create a bigger tsunami of federal cases.
It is all about the control and power of the Internet. @ their hands, of course. And such corrupted hands they are, wasting valuable resources.
Resources are diminished and misspent, however, and confidence undermined, if there is judicial disregard for the sound and established principles. That judicial disregard is inherent in the opinion of the Court of Appeals for the Ninth Circuit here under review.
In a case decided last Friday (December 10, 2011), a three-judge panel from the Ninth Circuit Court of Appeals threw out the conviction of Prabhat Goyal, former CFO of Network Associates, Inc., the producer of antivirus and network security software formerly known as McAfee. What makes this reversal so remarkable is that the panel tossed out the verdict not on the basis of some misstatement of the applicable law by the judge. It actually overturned the decision of the jury, one of the most unusual outcomes in appellate law. That outcome is rare because the court’s standard must be: “whether ‘after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime[s] beyond a reasonable doubt.’ ”
"§223(a)(1)(B), §223(a)(2), §223(d) of the CDA are unconstitutional and unenforceable, except for cases of obscenity or child pornography, because they abridge the freedom of speech protected by the First Amendment and are substantially overbroad. The Internet is entitled to the full protection given to media like the print press; the special factors justifying government regulation of broadcast media do not apply.
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