a reminder to mr. boyle (and certain congressdroids) who seem to have forgotten the law of america, i present the 4th, 5th, 6th, and 7th amendment to the constitution.
IV – Right of search and seizure regulated
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
V – Provisons concerning prosecution
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
VI – Right to a speedy trial, witnesses, etc.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
VII – Right to a trial by jury
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
the new law proposed by berman, et al, violates due process, it’s unlawfull search and seizure, it violates the right to trial, and the right to confront ones accusers.
the law only requires the copyright holder or their agent to tell the attorney general they’re going to hack or block you. they aren’t required to tell you.
as for redress, to quote the times article:
“Under the bill, companies would not be required to warn users in advance of their actions. A user wrongly attacked could sue only if he suffered more than $250 in economic losses and obtained permission to file a lawsuit from the U.S. attorney general.”
which violates the 7th amendment. so yeah, it’s unconstitutional, jerry…i would go furthur to say that congress is only granted power to rule over piracy on the high sea, but that would be quibbling.
FYI:
Records show Berman received at least $186,891 from the entertainment industry during the 2001-02 election cycle, including $31,000 from The Walt Disney Co. and $28,050 from AOL- Time Warner Inc.
