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Sherlock open to Dáil debate on plans for online piracy law

Image: David Davies via Flickr

THE JUNIOR MINISTER preparing a controversial new Statutory Instrument dealing with online copyright protection has said he is open to holding a Dáil debate on the issue.

The junior minister responsible for innovation, Seán Sherlock, told Newstalk’s Lunchtime Show that he hoped to have time allocated in the Dáil to discuss his planned legislation, which can be enacted without the approval of the Dáil or Seanad.

“It will be debated, hopefully at some stage in the next 24 hours,” Sherlock said.

The furore over the legislation – which has prompted an online petition which has been signed by almost 33,000 people since it was launched on Monday evening – was raised in the Dáil this morning by independent TD Stephen Donnelly.

Government chief whip Paul Kehoe said that he was prepared to facilitate a debate on the matter, but that today’s Dáil schedule had already been arranged.

Sherlock also said he would speak to TJ McIntyre of Digital Rights Ireland – who has helped to organise the ‘Stop SOPA Ireland’ petition – and any other interested parties who had an interest in the legislation.

Sherlock insisted that it was not his intention to block access to certain websites, acknowledging that blocked websites could simply re-emerge at a different web address.

‘Limit people’s freedoms’

He said the government did not wish to “legislate in a way that is overtly prescriptive”, insisting it did “not want to limit people’s freedoms.”

“Why would we limit the freedoms of the internet? It would be absolutely folly and crazy to do that… It’s a balancing act. You balance the right of the copyright holder with the right of the person to use the internet.”

The minister said the purpose of the legislation was to keep “on side of” the EU’s directives on copyright and e-commerce, which had already guaranteed the rights of individual users to use the internet and of Internet Service Providers to conduct a business.

If a judge comes along and if somebody seeks to have an injunction, the judge has to bear in mind that there’s already a judgement there … which clearly states that you cannot put a blocking mechanism or start monitoring an individual’s behaviour.

He was referring to the ruling of the European Court of Justice in the Scarlet case, where the court found it was illegal for countries to force internet providers to block filesharing on a blanket basis at their own expense.

In that case, a Belgian internet provider successfully claimed that an injunction laid down by a Belgian court – which forced it to install expensive filters and monitor all traffic through its network – was an unfair infringement of its freedom to conduct its business.

Read: Government has ‘no intention’ of restricting internet freedom – Sherlock >

Read: Everything you need to know about Ireland’s SOPA >

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Comments (34 Comments)

  • Liam McDermott 28 days ago #
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    He did far better on Newstalk than he did last night.

    Reply
  • Liam McDermott 28 days ago #
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    Eagerly waiting for someone to shoe horn “No Sh1T Sherlock” into a comment….

    Reply
  • Conor Mc 28 days ago #
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    Leave the internet alone – if its not broke, dont fix it!!!

    Reply
  • Gavin McGuinness 28 days ago #
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    A major victory for the “Stop Ireland SOPA” group!

    Very pleased.

    Reply
    • Mark Dennehy 28 days ago #
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      A victory, yes, but major?
      It’s a nonbinding debate that the opposition hasn’t enough votes to win, being held by 164 TDs, the vast majority of whom wouldn’t know a mouse from a trackball, all debating a complex area of law that even the experts have trouble getting a handle on, as it applies to an area of society that changes several times a day.

    • Martin O Donnell 28 days ago #
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      its a start….the pressure is working….keep up the pressure…. Stop Internet Censorship. Stop SOPA Ireland. SIGN THE PETITION!! http://stopsopaireland.com/

      save our internet

      no to SOPA

    • Donal McCarthy 28 days ago #
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      Sherlock is not the person to put direct pressure on.

      Contact your local TDs and get them to talk to him.

    • Gavin McGuinness 28 days ago #
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      @Mark Dennehy I was referring more to the meeting scheduled with TJ McIntyre, possibly the father and biggest supporter of this movement. But I take your comment on board.

    • Mark Dennehy 28 days ago #
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      @Gavin And meanwhile, we sign up to ACTA tomorrow…

    • Gavin McGuinness 28 days ago #
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      @Mark Dennehy Only saw that now. Big Shame! I wasn’t aware of the event until TheJournal.ie brought it up.

  • KarlMarcks 28 days ago #
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    Didn’t hear him. Did anyone get the sense that he might be preparing to move back a bit on this?

    To me it underlines the need to get those phone calls into our local TDs and senators demanding they oppose this MO and look for a full debate with legislation put before the Dail if that’s what it takes.

    Reply
  • steve white 28 days ago #
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    2o minutes talk wher he can fob off some clueless tds isn’t useless

    Reply
  • Dougal McGuire 28 days ago #
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    We stand back & watch these jokers implement silly laws & make ridiculous decisions but there is no way there limiting our freedom, were a republic, we won our freedom & to introduce this law would be going against everything for

    Were trying to create ireland a centre of excellence for IT & computing..this would be a big blow to that idea..you cannot censor the freedom of information

    Reply
  • steve white 28 days ago #
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    is useless

    Reply
  • alan 28 days ago #
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    this kind of backtracking presented as a sincere ‘response’ to public concern is a sham

    the whole idea should not have been presented until everybody:
    a. knew what they were talking about
    b. had thought the issues through
    c. were able to address them in a meaningful manner

    this is simply an attempt to win back lost votes

    Reply
  • SilentFugitive 28 days ago #
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    For those interested, in the Newstalk link above, Sherlock starts up at 44:25, with TJ McIntyre preceding that at 39:20.

    Reply
  • Burned Toast 28 days ago #
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    Dear Junior Minister Sherlock,

    You had better ban second-hand book shops too, since the poor copyright-holder (i.e. the Publisher) only gets money once – when the book is sold as new. Therefore all second-hand and subsequent sales of books must be equally as wrong and should be banned forthwith! Or you could leave both the second-hand book market and the Internet alone and stay doing what you do best, just as soon as you find out what that is.

    Yours sincerely,

    A Member of the Irish Electorate who put you and your ilk into Government.

    Reply
  • Shanti Om 28 days ago #
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    Notice, we need to balance the rights of copyright holders with those of Internet users..

    The copyright holders being the whale record industry pushing for the regulation, NOT the artists whose intellectual property is being shared.
    They take down what may be good for the artists, like attacking Megaupload for trying to launch megabox and give artists the record labels share of the profits..

    Stop the pirates! Destroy the recording industry and give artists the rights to their own work!!

    Reply
  • David Higgins 28 days ago #
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    When even yet unpublished and yet undefined legislation gets this much opposition, you know you have a movement that is strong and can really change politicians minds in our favour.

    Even the mention of internet censorship creates outrage and that’s a wonderful thing.

    Great work folks!

    Reply
  • Jamie O Sullivan 28 days ago #
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    This is not going to be a very imaginative post but here goes – Dear Mr Sherlock, please please please F%#k right off, thanking you in advance. Sincerely yours,
    Stupid Voter

    Reply
  • funzeye 28 days ago #
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    I dont get it. He basically says that they “cannot put a blocking mechanism or start monitoring an individual’s behaviour”, does this not suggest that the ISPs will not be allowed to block sites, even if they contain copyrighted material?
    If so, what exactly is this legislation going to allow!? If it allows the court to order a site be blocked can’t the ISPs just say no. Will this mean that the copyright holders are more likely to go after the people behind putting this data online instead? Finally, why does Eircom Blocking Pirate bay, surely they can go to Europe to object, no?

    Reply
  • Paul O'Keeffe 28 days ago #
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    I suspect a bit of pressure from the public isn’t always a waste of time. We have to keep it up though. The dolts in the Dail dont understand much other than what gets them their over inflated pay checks so I recommend contacting them directly and telling them why exactly this bill is such a bad idea.

    Reply
  • Jerking Jester 28 days ago #
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    im not the brightest when it comes to this stuff but does it mean that people who access illigal child abuse sights will be caught easier and does it stop abuse sights like this. if so im all for it. but if it does none of those things i mentioned then should they not put this much work into completly stopping them. and before anyone thumbs down please keep in mind i had mentioned at beggining that i am not that knowledgeable about this stuff. thank you

    Reply
    • Jerking Jester 28 days ago #
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      why on gods green earth did i get two dislikes aboutmy question. im gonna goout ona limb her and guess it was two people who watch that type of stuff online.

  • Martin Gregory 28 days ago #
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    I e mailed Stephen Donnelly about this yesterday and he brought it up in the Dail today ! He is a independent TD in Greystones and talks a lot of sense. If there were more people like him in the Dail we would all be better off !

    I hope he gets around to do something about the 84 bus route to Newcastle which looks like it will be cancelled soon of which i and a lot of people in the Newcastle/Kilcoole/Greytones area rely on to get to work/college/school because there is no other transport in this area… This route is getting cancelled because the government has cut subsidy to the CIE and the 84 route will be cut. The government are trying to get people to leave cars at home and use the public transport but are cutting buses, this makes no sense to me !

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  • Charles Julienne 28 days ago #
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    Sean Sherlock said that he absolutely does not intend to allow websites to be blocked or people’s freedom to be restricted.
    Yet, in his latest post on FB (http://www.facebook.com/permalink.php?story_fbid=312946472076545&id=185032148201312) he acknowledges that the whole reason for the SI is to allow the three-strikes and website blocking injuctions that EMI etc. were seeking against UPC.
    Contradiction?

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  • Adam Magari 28 days ago #
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    The principle that the ISP will look over your shoulder with the entertainment industry looking over its shoulder and whispering admonitions in its ear is only a step away from having your emails, tweets, SMS read by the same industry. and if the entertainment industry get away with this many more restrictions will be imposed on users in time.

    Reply

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