PessimistOwl said:
Personally I see this as an invasion of human rights, privacy, and free speech.
I've always found it mighty self-serving of the average pirate to whip out such important things as human rights, privacy, and free speech as their shield when what they really want is just the ability to get intellectual property for free without anyone stopping them.
No, this bill is not in violation of your human rights. On the contrary, laws such as this exist to protect human rights - assuming Intellectual Property producers are human. "Human rights" does not mean "I got the right to do anything I want as a human" so much as a more basic "I got the right to live and without being tortured," which is a really nice right to have when you compare it to countries which do not have such rights and enjoy routinely raping and pillaging helpless villages for political reasons.
No, this bill is not a violation of your privacy. If you get caught committing any crime, you don't get to suddenly claim, "but I was in the sanctity of my home office when I did it so you're violating my privacy therefore I can commit that crime without fear of being prosecuted." Yeah, right. If that were the cause, we'd have an awfully hard time enforcing a wide variety of criminal operations: counterfeiting, drug labs, familial abuse, ect. At most, you might be able to argue that having your ISP divulge all your piracy doings to an enforcement agency without your knowledge is a form of entrapment [http://en.wikipedia.org/wiki/Entrapment], but that probably wouldn't imply, as entrapment suggests they pushed you into committing the crime in order to prosecute you, and piracy is you committing a crime you would have committed anyway on your own accord. I'm pretty sure if they took out a search warrant [http://en.wikipedia.org/wiki/Search_warrant] against your ISP, you don't need to be informed, because what you're actually doing is being done on the public Internet.
No, this bill does not violate your constitutionally granted (in most first world countries) concept of freedom of speech, which is primarily centered on the idea that you can't be persecuted for speaking your mind. You're probably confusing this with freedom of information, the idea that information should be available at no cost, which is not legally granted and (as pertains to software) is more of an open-source geek's pipe dream and not a legally-granted right at all. "Fair use" gets the closest, but piracy is considered "unfair use," the main overriding violation of fair use laws.
In any case, I don't believe piracy has ever been
legal, rather the problem was that it's very difficult to enforce against something that's so prevalent and digital besides. If this bill passes, it's supposed to strengthen IP holder's abilities to work with local authorities to get this done. However, whether or not that materializes as they planned is yet to be determined.