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Friday, December 23, 2011

SOPA Watch


Here’s a news bit that I am watching with interest, and suggest you do the same: the passing of  SOPA.  


Here is a break down of the bill from Wikipedia:

"The Stop Online Piracy Act (SOPA), also known as H.R. 3261, is a billthat was introduced in the United States House of Representatives on October 26, 2011, by Representative Lamar Smith (R-TX) and a bipartisan group of 12 initial co-sponsors. The bill expands the ability of U.S. law enforcement and copyright holders to fight online trafficking in copyrightedintellectual property and counterfeit goods.[2] Now before the House Judiciary Committee, it builds on the similar PRO-IP Act of 2008 and the corresponding Senate bill, the Protect IP Act.[3]
The bill would allow the U.S. Department of Justice, as well as copyright holders, to seek court orders against websites accused of enabling or facilitating copyright infringement. Depending on who requests the court orders, the actions could include barring online advertising networks and payment facilitators such as PayPal from doing business with the allegedly infringing website, barring search engines from linking to such sites, and requiring Internet service providers to block access to such sites. The bill would make unauthorized streaming of copyrighted content a felony. The bill also gives immunity to Internet services that voluntarily take action against websites dedicated to infringement, while making liable for damages any copyright holder who knowingly misrepresents that a website is dedicated to infringement.[4]
Proponents of the bill say it protects the intellectual property market and corresponding industry, jobs and revenue, and is necessary to bolster enforcement of copyright laws especially against foreign websites.[5]Opponents say that it infringes on First Amendment rights, is Internet censorship,[6] will cripple the Internet,[7] and will threaten whistle-blowing and other free speech.[8]"

CNET has complied a FAQ article about SOPA, from which this was taken:

"How would SOPA work? 
It allows the U.S. attorney general to seek a court order against the targeted offshore Web site that would, in turn, be served on Internet providers in an effort to make the target virtually disappear. It's kind of an Internet death penalty.
 A service provider shall take technically feasible and reasonable measures designed to prevent access by its subscribers located within the United States to the foreign infringing site (or portion thereof) that is subject to the order...Such actions shall be taken as expeditiously as possible, but in any case within five days after being served with a copy of the order, or within such time as the court may order."

Here is the first problem I see with this act: they are presenting this as protection of intellectual property, etc. However, this overlooks that reality that linking to other sites is a vital part of doing business online, no matter what your business is.  As long as proper credit is given,  being able to share links is NOT considered a violation of any one’s rights.   It is standard Internet protocol to include a link to the original posting in your post, where ever it occurs.  Example: this link goes to the original article, as well as acknowledging the post author:  Anonymous will react if SOPA is passed:  Will tag the internet with protest messages  By Dave Neal  Thu Dec 22 2011, 10:21  If SOPA passes, we as individuals are limited to sharing information in so many ways.  That frightens me.

The second problem, and most urgent in my thinking, is that both governments and big business is VERY threatened by the ability of people to organize and protest via the Internet.  Bank of America having to back down from charging users to use debit cards is one recent example.  


I recently read an interesting article about a panel designed to inform government workers about the group Anonymous 
(Mr. Washington Goes to Anonymous; presented by The Alantic). A recent panel held at The Brookings Institution, one of DC's oldest think tanks, was a response to hacktivism.  According to the panel literature, 


"Radical online activism is a new public-policy challenge, with groups such as Anonymous being described as everything from terrorist organizations to freedom fighters "


Whether you agree or disagree with Anonymous, the ability to organize on line is considered "a new public-policy challenge", i.e., THREAT.  If the powers that be are threatened by them, it also follows that they are also threatened by the ability of people to communicate and organize in large numbers.  I don’t know how you feel about that, but that kind of thinking by people in charge sure scares me. SOPA seems to be a way for government to get a tighter control on freedom of expression and the ability to act.


Some informative links about SOPA:
FAQ: How SOPA Would Affect You
      On-line Piracy Laws Must Preserve Web Freedoms


FIGHT THE BLACKLIST! A Toolkit for Anti-SOPA Activism