said by Blackbird: said by NormanS: said by Blackbird:
The whole process is upside down. Based on mere accusation, we now have presumption of guilt and the necessity of the accused paying a fee to obtain the privilege of proving his innocence. That kind of nonsense is not going to work out well...
While I agree in principle, this is not about criminal complaints, so "guilt/innocence" is not an issue. It is an issue between monied interests; but the end user has no leverage in this issue.
When you are accused of some infraction, whether you are guilty or innocent is indeed involved as an "issue," guilt being whether you really committed the infraction.
"Infraction", as a violation of a law, damned well is a matter of criminal jurisprudence. In California, a speeding citation is considered an, "infraction". Do you know the process (may not be the same in Indiana, but ...)? Officer issues the ticket. Driver has the option to post bail in lieu of appearance, or go before the judge. Either way, the result is a plea; post bail, the judge declares the driver, "Guilty". Otherwise, the driver can show up, enter a "Not Guilty" plea, and be arraigned for trial.
This becomes especially important if some kind of 3rd-party sanction, even a system of mere "warnings", is involved.
Third parties can't make determination of, "Guilt". They can make allegations of criminal conduct, even make "citizen's arrests"; but guilt is determined by a judge in a court of law.
Sanctions always include creating lingering records and involve challenges against the accused's reputation. And sanctions (especially in the oft unreal world of copyright interests and power-games) can and often do evolve in intensity, becoming harsher over time.
Sanctions outside of the criminal justice justice system are awards of damages against respondents in favor of complainants. Unless the civil justice system is bypassed; as it is with CAS/Six Strikes. Then it is just summary punishment without due process.
... While it doesn't require ISPs to cut off Internet access to repeat piratesas is the case in France and New Zealandit will issue escalating punishments to suspected pirates, severely reducing their connection speeds after five or six offenses. ...
Note that the term is "suspected pirates"... in layman's terms that means somebody who merely stands accused, yet tangible punishment is to be meted out to a suspect by some 3rd party (who is neither the accuser nor accused). And in Western civilization and customs of common law, that process is upside down.
It is not just upside down, neither is it inside out. It is pure, oppressive barbarism.--
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum