United Liberty

In keeping with the goal to educate readers about the dangers of SOPA and PIPA, here is a piece by Jeremy Kolassa, originally published on December 21, 2011.

In one of the few instances of “good news,” or at least “not that terrible news,” the Stop Online Piracy Act has been delayed until after the winter recess:

WASHINGTON POST - The House Judiciary Committee confirmed Tuesday that it will delay continuing debate on the Stop Online Piracy Act until after Congress returns from its winter recess.

Committee spokeswoman Kim Smith said in an e-mailed statement that the hearing is expected to be scheduled for “early next year.”

Well, that is certainly good news on one front. It at least means they won’t be shoving it down our throat today.

But they’re going to try again. It always happens.

There was widespread outrage when TARP was first proposed, and under that public onslaught, the House of Representatives bucked its campaign contributors and shot the plan down. There was much rejoicing—until they passed it, with even more pork, four days later.

In keeping with the goal to educate readers about the dangers of SOPA and PIPA, here is a piece by Jason Pye, originally posted on January 3, 2012.

With President Barack Obama signed the National Defense Authorization Act (NDAA) into law last week, it should serve as a reminder that the Stop Online Piracy Act (SOPA) is the next battle that civil liberties and privacy advocates should turn our attention to. Some are already taking the fight over this issue straight to SOPA supporters. For example, Reddit users launched a campaign against GoDaddy, which caused the Internet hosting firm to switch its position to opposition of SOPA. Similarly, they also went after Rep. Paul Ryan (R-WI), a popular figure in the conservative movement, causing problems for his staff and, potentially, his re-election campaign.

Why is there such a backlash against this legislation? Because it promotes Internet censorship and elimates due process for website owners and operators. Jerry Brito explained the problems with SOPA at Time back in November:

Demand Progress has been the organization behind a lot of the SOPA Strike. They encouraged Wikipedia to join the blackout, and they’re receiving a lot of grassroots support.

They’re also working on the next phase of operations, called “Vote for the Net.” This is a campaign for people to pledge that they will not vote for politicians who try to restrict liberties on the Internet.

This is a great thing. 56,000 have already pledged to Vote for the Net (yours truly included.) This is what it comes down to, people. What these senators and representatives care about are votes. If they don’t have the votes, they don’t have their jobs, plain and simple. The campaign money is only to guarantee those votes, that is all. If we can send a message to them that we won’t vote because of SOPA and PIPA, they won’t support SOPA and PIPA. That’s it.

And that, ladies and gentlemen, is how democracy works. So if Chris Dodd ever comes back and complains about it, you will simply know that he is against democracy, plain and simple.

So Vote for the Net, and vote for our freedoms (and a more sensible IP protection policy.)

In keeping with the goal to educate readers about the dangers of SOPA and PIPA, here is a piece by Nate Nelson, originally posted on January 17, 2011.

Given President Obama’s first instincts to centralize power in Washington and expand his own executive power, it might seem unlikely that he would issue a veto threat against the Stop Online Piracy Act (SOPA) and its Senate counterpart, the Protect IP Act (PIPA). But we might be able to persuade him if we speak in language that is well understood at the White House, which is the language of reelection. While the Obama campaign might think backing SOPA/PIPA will help the president’s reelection efforts by way of generous campaign contributions from Hollywood, the White House might want to consider that signing SOPA/PIPA into law could damage his chances of reelection in at least five important ways.

In keeping with the goal to educate readers about the dangers of SOPA and PIPA, here is a piece by Tom Knighton, originally posted on December 20, 2011.

I’m kind of a rare breed of libertarian. I actually believe in the concept of intellectual property. As such, some might be under the belief that folks like me would be in favor of something like the Stop Online Piracy Act, or SOPA.

Of course, they would be horribly, horribly wrong.

Regardless of ones feelings on IP, the reality is that SOPA is nothing less than a NDAA or PATRIOT Act for the internet.

You see, the internet is the last bastion of freedom anywhere in the world. While it’s entirely possible to render something illegal in one country, it’s virtually impossible to stamp it out. Laws and regulations become meaningless as physical borders mean nothing on a cyberscape free from such lines.

The kick in the butt with this bill, as with many similar bills, is that it really won’t do a whole heck of a lot to combat piracy. Of course, there are some that will argue that what SOPA seeks to do is crush that freedom. That ideas breed in such freedom, and such ideas can not be allowed to incubate.

I don’t know if I would go that far, but what is clear is that SOPA is nothing more than a powergrab. Those that are supposed to support and defend the Constitution have instead decided to just ignore the document completely.

SOPA seeks to require your ISP to spy on you. It seeks to hurt companies like Mozilla that haven’t done what the powerful want it to do. It seeks to rewrite the current laws regarding the internet and remake it into a place where innovation no longer happens.

Senator John Cornyn (R-TX) is not completely abandoning the Protect IP Act, but in a statement on his Facebook page, he has said:

SOPA: better to get this done right rather than fast and wrong. Stealing content is theft, plain and simple, but concerns about unintended damage to the internet and innovation in the tech sector require a more thoughtful balance, which will take more time.

I agree with him that stealing content is theft—please, let us remember that some people live on their content—but SOPA and PIPA are a cure that’s worse than the disease.

Unfortunately, Cornyn is not really off of PIPA. What he is saying is that he wants to go back, “fix” it, then later reintroduce a “better” version.

There is not better version of SOPA or PIPA. There just isn’t.

When I read Jimbo Wales’ Twitter account about Wikipedia going dark, he linked to this October 2011 article from the Guardian in the United Kingdom about the entertainment industry’s profits. Surprisingly, it shows that piracy might not be having that much of a dent after all:

A surge of more than 50% in spending on e-commerce services such asNetflix and Amazon – helped by booming sales of Blu-ray discs of films such as the Star Wars franchise – has fuelled the first rise in home entertainment spending in the US for more than three years.

Consumer spending on services that provide films and TV shows digitally – including streaming, video-on-demand and subscription services such as iTunes and Hulu – grew 55.79% year on year to $811m in the third quarter, according to a report by industry body the Digital Entertainment Group.

The booming growth of digital services and surge in Blu-ray disc sales fuelled an overall 4.87% year-on-year increase in total US home entertainment spending in the third quarter to $4bn.

“[It is] a major milestone as this is the first time spending has increased since the first quarter of 2008 when the economic downturn began,” said the report. “This growth reflects an encouraging shift in the marketplace … [and] the continued stabilisation of the industry.”

Of course, it was a change from previous years, but then, that’s to be expected since we’re in a global recession.

Already, today’s SOPA Strike is having an effect. Senator Marco Rubio (R-FL), one of the co-sponsors of the bill, has withdrawn his support today. From his Facebook page:

A Better Way to Fight the Online Theft of American Ideas and Jobs
By Senator Marco Rubio

In recent weeks, we’ve heard from many Floridians about the anti-Internet piracy bills making their way through Congress. On the Senate side, I have been a co-sponsor of the PROTECT IP Act because I believe it’s important to protect American ingenuity, ideas and jobs from being stolen through Internet piracy, much of it occurring overseas through rogue websites in China. As a senator from Florida, a state with a large presence of artists, creators and businesses connected to the creation of intellectual property, I have a strong interest in stopping online piracy that costs Florida jobs.

However, we must do this while simultaneously promoting an open, dynamic Internet environment that is ripe for innovation and promotes new technologies.

Earlier this year, this bill passed the Senate Judiciary Committee unanimously and without controversy. Since then, we’ve heard legitimate concerns about the impact the bill could have on access to the Internet and about a potentially unreasonable expansion of the federal government’s power to impact the Internet. Congress should listen and avoid rushing through a bill that could have many unintended consequences.

Therefore, I have decided to withdraw my support for the Protect IP Act. Furthermore, I encourage Senator Reid to abandon his plan to rush the bill to the floor. Instead, we should take more time to address the concerns raised by all sides, and come up with new legislation that addresses Internet piracy while protecting free and open access to the Internet.

In keeping with the goal to educate readers about the dangers of SOPA and PIPA, here is a piece by Jason Pye, originally posted by  on December 20, 2011.

On the heels of the National Defense Authorization Act (NDAA), which effectively shredded the Due Process Clause of the Fifth Amendment and Habeas Corpus, Congress will likely take up the Stop Online Piracy Act (SOPA) at some point early next year.

For those of you that haven’t followed SOPA, Tina Korbe at Hot Air offers a very good introduction to the legislation:

Introduced by Rep. Lamar Smith (R-Tex.) and co-sponsored by representatives from both parties (the bill has a total of 31 co-sponsors!), the Stop Online Piracy Act purports to stop “foreign online criminals from stealing and selling America’s intellectual property and keeping the profits for themselves.”

According to Rep. Smith’s website, “IP theft costs the U.S. economy more than $100 billion annually and results in the loss of thousands of American jobs. The Stop Online Piracy Act specifically targets foreign websites primarily dedicated to illegal activity or foreign websites that market themselves as such. The bill ensures that profits from America’s innovations go to American innovators.”

That sounds relatively harmless, but there has been a lot of concern among tech-advocates that SOPA would would lead to censorship and deter innovation on the Internet.

Korbe continues:

In keeping with the goal to educate readers about the dangers of SOPA and PIPA, here is a piece by Ron Davis, originally posted on January 11, 2012.

There’s legislation in the House and Senate right now that is very troubling to me. In the House, it’s called the Stop Online Piracy Act (abbreviated SOPA); in the Senate, it’s called PROTECT IP (or PIPA). The goal of the legislation is to stop online piracy, which is definitely a problem. The Senate will be voting on it later this month, and for the last couple of weeks, I’ve been in awe at the absurdity of this legislation while trying to find a proper way to respond to it.

I’m a freedom loving, Constitution defending, small government guy who writes my own personal opinion about politics (which, for the record, may or may not always be the view of my employer). My day job (the one that actually pays bills) is as a systems administrator for a very large company. I’ve spent the vast majority of the last 13 years since my college graduation dealing with the technology of the Internet, and I know it quite well.

My career in IT and my fondness for liberty make me one of a relatively small number of political bloggers qualified to address this issue from both the technological and political points of view. Today I am discussing the technological issues around this legislation; tomorrow I’ll post the political problems with it.

This weekend I spent a lot of time poring over this legislation, blog posts, and white papers about it. I made my own notes and then merged my concerns of this legislation with those I found elsewhere on the Internet. This post is a fairly exhaustive list of the technological problems with SOPA and PIPA.