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Computer Support For Individuals And Small Business |
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1/21/12 |
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The SOPA - PIPA Controversy |
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What in the world is all the hub-bub about SOPA and PIPA that erupted recently? While we’re on the subject what are SOPA and PIPA anyway?
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Many people had never heard of them until Wikipedia shut itself down for a day in protest of this proposed legislation. Google, though still operating, protested on its home page the same day. Others followed suit similarly. So, what caused this upheaval?
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Most of the recent publicity focused on the proponents (the media and entertainment industry) and the opponents (ISP’s, search engines, and just about everybody else affected but the media and entertainment industry). Little information was provided on the background or specifics of the proposed laws.
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The Stop On-line Piracy Act (SOPA) was introduced in the U.S. House of Representatives on 10/26/11 by Lamar S. Smith (R-TX). The Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act (aka the Protect IP Act, aka PIPA) was introduced in the U.S. Senate on 5/12/11 by Patrick Leahy (D-VT).
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Both are designed as anti-piracy measures to protect intellectual property such as movies and recordings. The proponents claim to have lost billions of dollars from piracy. |
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Proponents argue the legislation is necessary to strengthen the enforcement of copyright laws, particularly as they apply to foreign websites (though the proposed law is not limited to foreign websites). Search engines and other sites would be required to prevent certain types of links and transactions under penalty of law.
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Opponents argue the proposed laws as written infringe on freedom of speech and innovation. In addition, the laws put an untenable burden on such sites such as search engines, encyclopedic sites (e.g., Wikipedia), financial transaction sites (e.g., PayPal), social networking sites (e.g., Facebook), and other sites allowing and encouraging users to post information and links on the sites (e.g., Youtube).
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To comply, they say, would require a huge investment in manpower to police their sites. They argue further that the laws give the government the power to close down an entire site because of one posting. Only a court order, based on someone's assertion, would be required to shut down a site. This could also result in losses of millions or even billions of dollars, possibly based on erroneous information.
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Clearly piracy of intellectual property is an issue of significant importance to the parties involved as well as our economy as a whole. The possibility of profiting from one’s creative endeavors is a key to driving innovation.
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On the other hand, freedom of speech is one of the underpinnings of our society and legal system. The internet provides a unique forum for the free flow of ideas and information. Enforcing the rights of one legitimate group at the expense of another is a non-sustainable approach.
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Many of the congressmen and senators supporting these bills have backed off their support of the legislation. However, due to the importance of this issue, we expect it to reappear, hopefully in a form respectful of the rights of all affected.
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