Stop SOPA Ireland

Update 1/3/2012: Regardless of the concerns surrounding this issue the minister signed the statutory instrument into law this week. Now it’s a case of waiting to see how soon corporate interests exercise the legislation to force ISPs to act on their behalf.

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Sean Sherlock, Minister for Enterprise, Jobs and Innovation Ireland, has announced he intends to enact a radical new law that could result in restricted access to websites in Ireland, without a vote in the Oireachtas. The intention is to sign a statutory instrument into law without the appropriate debate.

The Minister has stated that he is obliged to introduce the legislation to comply with EU law.

There are many reasons to be concerned about this proposal, not least the lack of publication of the wording of the enactment, but the one area we’ll draw attention to is the effect it could have on Ireland’s reputation as a place to set up technology businesses.

Is the Minister for Enterprise really going to implement a new law that will make companies considering a move into Ireland hesitate. The proposal is so vague that it will leave investors unclear as to how it might affect them.

Just when Ireland is struggling to find ways to encourage growth, a confusing new law is introduced that puts potential barriers in the way.

A campaign opposing the enactment has been launched at Stop SOPA Ireland, and there’s also some good background information at TJ McIntyre – IT Law in Ireland.

The view here is that the Minister should halt this process, and engage in a much broader debate before posing any risk to Irish economic development. US lawmakers recently saw the light and reversed their decision to introduce similar legislation, and an under-the-radar rushed approach, without proper discourse with all the relevant stakeholders, would be a mistake for Ireland.
 


 
Update 26/1/2012 – Minister publishes draft legislation regarding copyright law Draft :

R E G U L A T I O N S entitled European Union (Copyright and Related Rights) Regulations 2012

To be made by the Minister for Jobs, Enterprise and Innovation

I, _____________, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 O.J. No. L. 167, 22.6.2001, p.10., hereby make the following regulations:

1. These Regulations may be cited as the European Union (Copyright and Related Rights) Regulations 2012.

2. The Copyright and Related Rights Act 2000 (No. 28 of 2000) is amended –

(a) in section 40, by inserting the following subsection after subsection (5):

“(5A) (a) The owner of the copyright in a work may, in respect of that work, apply to the High Court for an injunction against an intermediary to whom paragraph 3 of Article 8 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 200111 O.J. No. L. 167, 22.6.2001, p.10. on the harmonisation of certain aspects of copyright and related rights in the information society applies.

(b) In considering an application for an injunction under this subsection, the court shall have due regard to the rights of any person likely to be affected by virtue of the grant of any such injunction and the court shall give such directions (including, where appropriate, a direction requiring a person be notified of the application) as the court considers appropriate in all of the circumstances.”, and

(b) in section 205, by inserting the following subsection after subsection (9):

“(9A) (a) The rightsowner of any right conferred by Parts III and IV may, in respect of that right, apply to the High Court for an injunction against an intermediary to whom paragraph 3 of Article 8 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 200111 O.J. No. L. 167, 22.6.2001, p.10. on the harmonisation of certain aspects of copyright and related rights in the information society applies.

(b) In considering an application for an injunction under this subsection, the court shall have due regard to the rights of any person likely to be affected by virtue of the grant of any such injunction and the court shall grant such directions (including, where appropriate, a direction requiring a person to be notified of the application) as the court considers appropriate in all the circumstances.”.

GIVEN under my Official Seal, ____ ________ 2012. _________________________ Minister for Jobs, Enterprise and Innovation.


Comments

Stop SOPA Ireland — 1 Comment

  1. I am completely against SOPA in Ireland, in America, anywhere. Despite what politicians say, it will restrict our freedom on the web, it will cause harm to the users and if it is carried out, will only cause unnecessary pain and carnage. I believe that former President Mary McAleese shares my opinion and that a knowledgeable woman such as Ms. McAleese should be listened to. Listen to the people that actually use the Internet for Leisure. Don’t pass SOPA in Ireland, or anywhere.

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