ITIF's Daniel Castro on the Combating Online Infringement and Counterfeits Act

April 1, 2011 -

Ars Technica offers a sit-down interview with Daniel Castro, a senior analyst at the Information Technology and Innovation Foundation (ITIF). He is also a co-author of a2009 paper on Internet piracy, which was influential on the development and adoption of the U.S. government's Combating Online Infringement and Counterfeits Act (COICA) legislation.

In the interview, Castro says that the United States government needs to blacklist and censor web sites that traffic in pirated and counterfeit goods. Further, U.S. credit card companies would be "forbidden" from doing business with any of these blacklisted sites and U.S. advertising networks would not be allowed to advertise in these places.

Here is a choice quote about why COICA is the right way to deal with piracy:

Castro: If you accept the fact that piracy is a problem, government needs to do something. You have to start from that premise. So if you accept that premise, the question is what's the most effective way of reducing infringement?

The problem we have right now is that there's different types of actors: domestic [pirate] sites, foreign sites, domestic consumers, foreign consumers. You have different strategies for dealing with each of these groups. For domestic sites, you can do things like taking down sites very easily. For foreign sites, you can't do that. The question is, are there other options? Of course there are. You can block sites, for example, at the DNS level. Or you can get everyone who's involved in the Internet, the different intermediaries, to come together and find ways to combat piracy, and that's what COICA is about.

Another quote points out the whole issue of due process:

Ars: I was speaking with Rep. Zoe Lofgren (D-CA) about this several weeks ago, and she was very sharp on the “due process” issue. She argued that what was going on with ICE takedowns right now were a travesty of justice and probably illegal, in part because of the seize-first-ask-questions-later approach. But it sounds like you're more open to notification and a chance to respond before some of this blacklisting takes effect.

Castro: Sure. I think there's a couple things to keep in mind. You might want to act so swiftly on some sites that you don't notify them. For example, a site like WatchSeason5Episode2ofDexter.tv, which appears right after the show airs. A reasonable process would say that someone in law enforcement can look at the site, talk to the content owner, and agree that it is an infringing site. Maybe they can take that one down in real-time.

Something else that may be a little more ambiguous might have a 72-hour notice, where the site could come back and possibly provide evidence that what happened was incorrect. Remember, of all the sites that ICE has taken down so far, no one has come back and said, "I really wasn't an infringing site," with that one exception.

Ars: Sure, but isn't that a bit like saying, "We took down all of these allegedly infringing sites and none of the foreign operators behind them hired an expensive US lawyer to get their domain name back, so they must agree with what we did"?

Castro: If my site was taken down illegally by the federal government, I would complain very loudly. And we haven't heard that from the ones who were taken down. I think they know they were engaging in illegal activity, and some people have said they've stopped.

You can read the entire interview here. It offers glimpse of how the U.S. government feels about dealing with piracy and none of it is sugar coated.


Comments

Re: ITIF's Daniel Castro on the Combating Online ...

I take issue with his attitude towards his ideal approach. It seems to me he's saying the equivalent of "It doesn't matter that these people are denied due process, because they were doing something illegal anyway."

Re: ITIF's Daniel Castro on the Combating Online ...

Pirates: Make 'em all walk the plank. Yaaarrrr.

"Power means nothing without honor and pride."

http://grifsgamereviews.blogspot.com My video game review site.

Re: ITIF's Daniel Castro on the Combating Online ...

Modern government...pretending to govern since....the 50s?


I have a dream, break the chains of copy right oppression! http://zippydsmlee.wordpress.com/2010/05/21/cigital-disobedience/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: ITIF's Daniel Castro on the Combating Online ...

To the best of my knowledge, the government hasn't actually taken any sites down, just domains.  The sites are still there.

Yet another anti-piracy campaign that doesn't actually DO anything.

Re: ITIF's Daniel Castro on the Combating Online ...

I heard the IP addresses still work!

-Greevar

-Greevar

"Paste superficially profound, but utterly meaningless quotation here."

 
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Michael ChandraIn comparison though, the more extreme views would be fairly countered with "you don't speak for me". But the batshit crazy people tend not to even use others as the shield to defend their batshit crazy ideas and insults, so at that point #notyourshield09/18/2014 - 5:06pm
Michael ChandraWhich is of course real silly because when there are so many horrible stories and statistics too, it's utterly irrelevant whether some don't mind.09/18/2014 - 5:00pm
Michael ChandraIn this context it would be women claiming they don't see a problem with the stuff, so stop claiming women don't like it!09/18/2014 - 5:00pm
Michael Chandra"You don't speak for me. I am not your shield. You cannot use me to defend your own opinion."09/18/2014 - 4:59pm
Michael ChandraAE, if we leave aside the falsehoods some use with the term, the idea is regarding minorities and such.09/18/2014 - 4:58pm
Michael ChandraKrono did just a bit earlier in the shoutbox prh99.09/18/2014 - 4:56pm
Andrew EisenI still don't get the what #notyourshield is supposed to mean. Who is unfairly using who as a shield for what?09/18/2014 - 4:43pm
prh99Didn't said anything about #notyourshield or it's origins. Assuming your comment was directed at me.09/18/2014 - 4:28pm
prh99Leigh Alexander is right though, no one has to cater to them (trolls). I think a lot of them would likely continue playing even if scantily clad women were omitted or protagonist was female.09/18/2014 - 4:21pm
Michael ChandraSo no, normal gamers feeling attacked was not what sparked #notyourshield and only a fool would suggest otherwise.09/18/2014 - 4:21pm
Michael Chandra#NotYourShield was kickstarted by 4chan people, so don't go and make nonsense claims about that.09/18/2014 - 4:20pm
prh99those toxic individuals conduct their trolling under. It could have easily been under the Men Rights banner etc, they are just generally unpleasant and angry people who can't stand people disagreeing with them. 09/18/2014 - 4:00pm
prh99The whole gamer identity is the scapegoat some have latched onto in the wake of gamergate. I am sure it will fade, only to be replaced with the next thing, it always is. I am not so sure removal of identity will fix the problem, it's just the banner..09/18/2014 - 3:55pm
E. Zachary KnightAs for the whole "death of gamer" thing, I am personally patiently waiting for the day when being a person who plays games is as much of an identity as a person who reads books, watches tv/movie, listens to music. It will happen.09/18/2014 - 2:42pm
E. Zachary KnightThought I would share this io9 article as a bit of a rebuttal to the earlier Spider-man/Spider-woman comparison: http://io9.com/10-stupid-arguments-people-use-to-defend-comic-book-sex-163638182409/18/2014 - 2:41pm
Papa MidnightKyle Orland's response: http://arstechnica.com/gaming/2014/09/addressing-allegations-of-collusion-among-gaming-journalists/09/18/2014 - 12:41pm
Papa MidnightJames, I say this as a person who has managed a gaming press website before: This article is horrendous sensationalism: http://www.breitbart.com/Breitbart-London/2014/09/17/Exposed-the-secret-mailing-list-of-the-gaming-journalism-elite09/18/2014 - 12:41pm
Krono@james I never said you did. I was responding to Andrew's statement that he'd seen a mere two articles suggesting that the term gamer was tainted, by pointing him to a list of the articles that were more or less the orgin of the idea.09/18/2014 - 12:09pm
E. Zachary KnightBut james, you replied to my tweet when I tweeted about one of those articles. That is basically the same thing as writing an editorial on GP in support of it. ;)09/18/2014 - 12:04pm
james_fudgeNot only did we not write one, we didn't cover any of them either.09/18/2014 - 11:46am
 

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