Sites like Wikipedia, Google, YouTube, and Reddit have gone black this morning in protest of The Stop Online Piracy Act (SOPA), which threatens Internet independence and free speech as well as a host of other rights. We have long discussed the ever-widening array of criminal and civil penalties pushed through Congress by the powerful radio and television lobby as well as other industry groups. The Obama Administration has been particularly willing to carry the water for these groups over objections from public interest groups. SOPA reflects the power of this lobby and its hold over members of Congress and the Obama Administration. While the Obama Administration has now responded to the outcry by insisting that it will tweak the bill, such promises ring hallow given its past efforts to appease this industry and its dishonest statements recently in other areas like the indefinite detention controversy. Notably, the recent admission from the White House that it has some concerns over the bill did not come until the public rallied against the bill — another indication of the control of an industry group in the drafting of legislation. This lobby is not going to go quietly into the night. It is more likely that it will work with the White House and Congress to achieve the same purposes with an incremental series of laws — if it does not simply win outright.
The radio and movie industry has shown zero concern over free speech and other rights in seeking to protect profits. The bill has sweeping implications in the loss of safe harbor provisions and the right to bar Internet sites under vague provisions. Wikipedia, which has taking a lead in fighting this bill, has a good discussion of these dangers. Not only must this bill be defeated, but advocates should force a review of the current draconian and often abused copyright and trademark laws.
The standard approach of lobbyists when faced with public opposition is to pull back while working privately with the White House and Congress to achieve the same results once the fervor has died down. In the meantime, most of the Hollywood stars and recording artists who claim to support the arts and free speech are conspicuously silent as their lobbyists seek strip the Internet of protections. Just as we saw with the pharmaceutical industry, the entertainment industry has given jobs to congressional staffers who have worked for its interests in Congress. Various sites have documented the millions given to Congress by the industry to pass this law.
Sites like Rawstory have links to contact your representatives. I encourage everyone to join this worthy effort. The Internet is the single most important advance in free speech in a century, if not in the history of humanity. While this industry cannot see beyond its profits, the public needs to protect this resource for creative and political expression.
http://www.wired.com/threatlevel/2012/01/why-weve-censored-wired-com/
I just posted a couple of links which didn’t post… one to a c-net article and another to wired.com… only two… I’ll try posting them individually…
Nal,
I’d point out to Eugene that Google wouldn’t be facing a threat like PIPA/SOPA if the MPAA/RIAA hadn’t been allowed to essentially tell the candidates they contributed the most toward their various campaigns exactly what legislation they as proxies for the entertainment industry wanted. Corporations, their lobbyists, and their bought off Representatives and Senators created the problem of PIPA/SOPA in the first place. The argument that countervailing corporate interests should be allowed to fight corporate manipulation of the government ignores that the essence of the problem is corporate manipulation of the government period. So what Google’s interests happen to coincide with the interests of civil libertarians and the Constitution this time? Anyone who thinks that Google wouldn’t be on board with a statute that limits your rights if they could profit from it is both fooling themselves and too dumb to understand the problem of corporate political spending in the first place.
Don’t know what happened to the missing comments. They’re not in the Spam folder and they’re not in the Pending folder.
I see that Marco Rubio (R-FL) has changed his position on SOPA and now opposes it.
Interesting post by Eugene Volokh: The Google Anti-Stop-Online-Piracy-Act Statement, Corporate Speech, and the First Amendment
Following Citizens United, I heard many people argue that the Court was wrong because corporations should not be seen as having First Amendment rights — not just that they do have First Amendment rights but that there’s some special compelling interest that justifies restricting corporate speech about candidates, but that corporations aren’t people and therefore can’t have First Amendment rights at all.
…
Today, Google’s U.S. query page features an anti-Stop-Online-Piracy-Act statement from Google. Say that Congress concludes that it’s unfair for Google to be able to speak so broadly, in a way that ordinary Americans (including ordinary Congressmen) generally can’t. Congress therefore enacts a statute banning all corporations from spending their money — and therefore banning them from speaking — in support of or opposition to any statute. What would you say about such a statute? Again, I limit the question to those who think corporations generally lack First Amendment rights.
Swarthmore,
That is great news.
anon nurse,
Hilarious!
http://www.bloomberg.com/news/2012-01-18/obama-administration-is-said-to-reject-transcanada-s-keystone-xl-pipeline.html Good news.
████ 1, January 18, 2012 at 11:40 am
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Elaine,
I can’t believe that a corporate lobbyist would lie!
The Truth About SOPA: How the Corporate Lobby’s Argument Doesn’t Add Up
By Joe Sestak
http://www.huffingtonpost.com/rep-joe-sestak/sopa-corporat-lobbyists_b_1212417.html
I support their efforts to get this important message across.
SOPA – Joe Sestak refutes NBC Universal’s Corporate Lawyer on MSNBC
on Up with Chris Hayes
Redacted for your protection!
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January 18, 2012 2:57 AM
SOPA, PIPA: What you need to know
By Stephanie Condon
http://www.cbsnews.com/8301-503544_162-57360665-503544/sopa-pipa-what-you-need-to-know/
Having trouble using Wikipedia today? That’s because the popular crowd-sourced online encyclopedia is participating in an “Internet blackout” in protest of two controversial anti-piracy bills: The Stop Online Piracy Act (SOPA) and its Senate companion, the Protect IP Act (PIPA).
Pictures: Websites go dark to protest SOPA
The bills are intended to strengthen protections against copyright infringement and intellectual property theft, but Internet advocates say they would stifle expression on the World Wide Web. In essence, the legislation has pitted content providers — like the music and film industries — against Silicon Valley.
“It’s not a battle of left versus right,” said progressive activist Adam Green, whose organization Progressive Change Campaign Committee on Tuesday hosted a press conference with opponents of the bills. “Frankly, it’s a battle of old versus new.”
Here’s a basic look at the actions taking place today and the legislation causing all the fuss.
What’s going on today?
The popular link-sharing site Reddit got the ball rolling for today’s 24-hour Internet blackout. In addition to Reddit and Wikipedia, other sites participating include BoingBoing, Mozilla, WordPress, TwitPic, MoveOn.org and the ICanHasCheezBurger network. Search giant Google is showing its solidarity with a protest doodle and message: “Tell Congress: Please don’t censor the web,” but the site planned no complete blackout.
Other sites — like Facebook and Twitter — oppose the legislation in question but aren’t participating in today’s blackout.
In addition to the Internet-based protests, some opponents are physically protesting on Wednesday outside of their congressional representatives’ offices. Reddit co-founder Alexis Ohanian said in Tuesday’s press conference it will “probably be the geekiest, most rational protest ever.”
What does the legislation do?
There are already laws that protect copyrighted material, including the Digital Millennium Copyright Act (DMCA). But while the DMCA focuses on removing specific, unauthorized content from the Internet, SOPA and PIPA instead target the platform — that is, the site hosting the unauthorized content.
The bills would give the Justice Department the power to go after foreign websites willfully committing or facilitating intellectual property theft — “rogue” sites like The Pirate Bay. The government would be able to force U.S.-based companies, like Internet service providers, credit card companies and online advertisers, to cut off ties with those sites.
Why content providers want SOPA and PIPA
Content groups like the Motion Picture Association of America (MPAA), and business representatives like the U.S. Chamber of Commerce, argue that innovation and jobs in content-creating industries are threatened by growing Internet piracy. Overseas websites, they argue, are a safe haven for Internet pirates profiting off their content.
According to the Global Intellectual Property Center, which is part of the U.S. Chamber of Commerce, intellectual property-intensive sectors employ more than 19 million people in the U.S. and create $7.7 trillion in gross output. Foreign website operators currently outside the bounds of U.S. law; SOPA and PIPA would help quell illegitimate Internet activity.
In a statement, former Sen. Chris Dodd, who is now chairman and CEO of the MPAA, called the blackout day a “gimmick.”
“It’s a dangerous and troubling development when the platforms that serve as gateways to information intentionally skew the facts to incite their users in order to further their corporate interests,” Dodd said.
CBS Corporation, which owns CBSNews.com, is a member of the Copyright Alliance — an industry group representing content producers that supports SOPA and PIPA.
Why Internet companies oppose SOPA and PIPA
Internet companies and their investors would readily say that they’re holding the “blackout” to protect their corporate interests — and the entire burgeoning Internet-based economy.
“The success of Reddit… is one of the smaller examples of the success that has happened in our industry — and will continue to unless bills like SOPA or PIPA become law,” Ohanian said Tuesday.
Under the rules SOPA or PIPA would impose, Ohanian and others argue, start ups wouldn’t be able to handle the costs that come with defending their sites against possible violations. Such sites would not be able to pay the large teams of lawyers that established sites like Google or Facebook can afford.
The legislation in question targets foreign companies whose primary purpose is to sell stolen or counterfeit goods — but opponents say domestic companies could still be held liable for linking to their content. While sites like Reddit wouldn’t have a legal duty to monitor their sites all the time, “you might have your pants sued off of you” if you don’t, said Jayme White, staff director for the Senate Finance Subcommittee on international trade.
Brad Burnham, managing partner at the venture capital fund Union Square Ventures, said his company has avoided investing in companies related to the music industry because of the copyright risks — but under the proposed legislation, that risk would hit just about any Internet company. SOPA and PIPA, he said, “takes the risk of frivolous litigation… to the entire Internet.”
That should be a concern, Burnham said, when the Internet accounts for 21 percent of economic growth among developed nations, according to one study.
The impacts could go beyond the economy, some argue. Rebecca MacKinnon, a senior fellow at the nonpartisan New America Foundation, argues that if blogging platforms are motivated to monitor their content, that could have “a tremendous chilling effect on people tyring to conduct political discourse and trying to use content in a fair use context.”
Where does the legislation stand?
Opponents of SOPA and PIPA celebrated when, earlier this month, authors of both bills decided to set aside the most controversial aspect of them — language that would have let the Justice Department force Internet Service Providers to block the domains of suspected foreign “rogue” sites. Also, over the weekend, the White House suggested it wants to see modifications to the legislation.
The Senate is scheduled to hold a procedural vote on PIPA on January 24.
House Judiciary Committee Chairman Lamar Smith, R-Texas, who sponsored SOPA, said Tuesday he expects the committee to continue work on the House bill in February.
Rep. Darrell Issa, R-Calif., meanwhile, is opposed to the legislation and will today officially introduce an alternative — the Online Protection and Enforcement of Digital Trade (OPEN) Act. Issa said Tuesday he expects his bill to have more co-sponsors than SOPA has in the House and that “once members of Congress see a viable alternative… I think we can get to a consensus.”
The OPEN Act would make the International Trade Commission, rather than the Justice Department, responsible for policing U.S. connections to foreign rogue sites. Placing that responsibility in the hands of one entity, rather than the whole court system, would make the process more transparent, Issa argues.
I know quite a few folks that have had other professions and gone on the Law School….I think you’d make one hell of an attorney as well AN….You already know how to deal with neurotic folks….most nurses have had to take psych….I did not go that route…so my learning had to come through the school of hard knocks….