For instance, if the U.S. and Russia ratify it, President Vladimir Putin would be able to invoke the treaty’s powers to unmask anonymous critics on U.S.-based Web sites and perhaps even snoop on their e-mail correspondence. This is no theoretical quibble: The onetime KGB apparatchik has squelched freedom of speech inside Russia and regularly muzzles journalists and critics.

There’s an easy fix. The U.S. Senate could attach an amendment to the treaty saying the FBI may aid other nations only if the alleged “crime” in their country also is a crime here. The concept is called dual criminality, and the treaty lets nations choose that option.

Obviously the Dual Criminality clause would make perfect sense, however it doesn’t appear as though this will be addressed in this bill. As far as the worst case scenario, don’t think it can’t happen. Now, most hosting companies scurry to shut down someone’s website because they were afraid of retribution from anti-spam blacklists when that someone is reported as a “spammer” (reference escapes me now but I’ll find it and post later). Or when they are threatened with takedown notices from the MPAA or RIAA, most hosting companies comply without investigating, even though they have every legal right not to comply until they perform an investigation and inform the site owner. I’m sure they’ll do the same to prevent legal issues that this bill could represent. All of this, with out any due process, guilty before proven innocent if you will.

Update: It snuck through on 08/03. A wise man once said:

How are you gentlemen!! All your base are belong to us. You are on the way to destruction.

Truer words were never spoken.

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