quote: I'm not a Constitutional lawyer, however I seriously doubt SOPA and it's lack of due process and it's ability to arbitrarily shut down web commerce, would fall under a "limited Government". Copyright protection is an enumerated power, sure. But SOPA goes FAR beyond that scope.
quote: Control of the web was never meant to be handed over to the Feds- I KNOW this, because it was not one of the enumerated powers. Aside from the 35 or so aspects of existence that the Feds are tasked with in the constitution- everything and I mean EVERYTHING else in the day to day lives of We the People are to be handled BY We the People in our respective states, in different ways appropriate for each.
quote: Granted, I'm not a Constitutional Law attorney either.
quote: Give them an inch and they want to go all the way.
quote: However, from what I have read of the law (SOPA), there is due process because to shut down a website, an injunction or temporary restraining order must be issued by the court either prior to or after a hearing on the merits of the case.
quote: SOPA changes it so that the infringer's service provider is also liable. The service provider has no idea if any infringement actually occurred, and (assuming they have lots of customers) little interest in preserving the infringer's business or financial integrity. They just want to cover their own butts to make sure they aren't sued for something someone else did without their knowledge.
quote: So the copyright holder sends a claim of infringement to the service provider. The service provider acts in self-interest and immediately shuts down the alleged infringer's website. The alleged infringer is then put into a position where they have to prove that they didn't infringe in order to restore service. No court, no injunction, no hearing, no due process.