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Wed, Oct. 6th, 2010, 07:12 am
US internet filter

Even though the government (just barely) got back in, the Australian internet filter is effectively dead in the water because only a minority in either house actually support it. (I'm sure Stephen Conroy will work this out too when he finishes his course in remedial maths.) Not so in the US. So what was that about how this could never happen in America?

Tue, Oct. 5th, 2010 11:49 pm (UTC)

I actually needed to tell Wolfie some things about this. It's inaccurate.

Speaker Nancy Pelosi will recall the current congress for a special lame-duck session later this year before newly elected representatives are sworn in, to pass last-minute reforms in case the Democrats lose power, as widely predicted in the polls.</a>

Big problem here. Pelosi is the Speaker of the House. The Congress is made of two parts, the House of Representatives and the Senate. She can only "recall" the House, not the Senate. And considering she's already had one recall, she's probably not going to be too well liked with a second.

Nest COCIA, currently known as S 3804 (http://www.govtrack.us/congress/bill.xpd?bill=s111-3804) has been referred to committee and is a Senate bill not a House Bill. That's it. When bills get to this point they usually languish and die, this is especially so this year as in November, we hold out elections for the 112th Congress. This bill is a hot-bed of an issue and anyone found voting for it is probably not going to keep their seat. Knowing this, even if Pelosi managed to pull the House together for a vote (if it makes it out of committee), the Senate would need to act... all before the sitting of the new Congress. This has a snowball's chance in hell to happen.

So lets pretend that this bill gets passed by the House and Senate. AT this point it has to be signed by the President, who is suffering from really terrible ratings. Signing S 3804 would be a deep blow to his administration and his possible attempt for a second term.

Lastly, lets say that it manages to get past the House, Senate and the Oval Office. The bill itself causes an issue with the Constitution in which S 3804 exempts the DoJ (department of Justice) from due process in shutting down or blocking access to sites deemed "dedicated to infringing activities." This is in violation of the 5th Amendment of the United States, so the courts would also have to rule on this.

All in all, it is impossible for this bill to go anywhere before the seating of the next Congress, and it's in blatant disregard for the established rule of law.