Tuesday, January 17, 2012

The Fallout if SOPA Passes

The following is a quote from a reddit.com article regarding Internet Piracy Legislation pending in the House and Senate of the United States.

The Fallout


Why this is going to harm user-driven sites like reddit


Up to this point, reddit and sites like it have been required to remove specific copyrighted content if presented with a properly filled out DMCA takedown request. The notices are required to indicate exactly what pages the content is on, and to prove that they are indeed the owners of the content. Even then, this process is often abused.

SOPA and PROTECT IP contain no provisions to actually remove copyrighted content, but rather focus on the censorship of links to entire domains.

If the Attorney General served reddit with an order to remove links to a domain, we would be required to scrub every post and comment on the site containing the domain and censor the links out, even if the specific link contained no infringing content. We would also need to implement a system to automatically censor the domain from any future posts or comments. This places a measurable burden upon the site's technical infrastructure. It also damages one of the most important tenets of reddit, and the internet as a whole – free and open discussion about whatever the fuck you want.

Why this doesn't actually stop piracy


This legislation is aimed at requiring private U.S. entities to enforce restrictions against foreign sites but does nothing against the infringement itself. All of the enforcement actions can and will be worked around by sites focused on copyright infringement. U.S. citizens will still be able to use foreign DNS servers, new advertising and payment networks will pop up overseas, and "infringing sites" will still be linked to by other foreign sites and search engines. In fact, tools used to circumvent these form of internet restrictions are being funded by the U.S. State department to offer citizens under "repressive regimes" uncensored access to the internet. When the dust settles, piracy will still exist, and the internet in the U.S. will have entered the realm of federal regulation and censorship.

Why this is ripe for abuse


The vague and technology-ignorant language in this pending legislation opens a huge number of doors for different interpretations. When you take this broad language and use it to grant powers to both the Attorney General and plaintiffs like the MPAA and RIAA, you create a system that is begging to be abused. Given the history of abuse of laws like the DMCA, it has become obvious that institutions like the RIAA can and will stretch laws to the breaking point, often while suffering no repercussions.

To prevent a repeat in history of the abuse of internet copyright law, any new legislation must be drafted with the following:

1. Airtight, technically sound definitions.
2. Heavy input from the technology sector. Complex technology legislation should not be drafted by someone who barely has a working knowledge of the internet.
3. Checks and balances ensuring that due-process can be invoked before, during, and after any action is taken.
4. Clear repercussions for entities utilizing the legislation in an abusive manner.



Why this is going to hurt startups and tech innovation


One of the big reasons why a company is able to go from a few computers in a garage to a multi-billion dollar company is due to the open nature of the internet. The barrier to entry on creating a new site or product is very low. Adding legislation that regulates this open platform will seriously hamper future business.

Entrepreneurs will need to invest in legal counsel to ensure they can properly respond to a PROTECT IP or SOPA order. New sites and products will need to invest precious development time to build-in censorship utilities so that they can remove links to foreign sites. New advertising networks will need to calculate the new risk of displaying ads for or on foreign websites. Sites will also be heavily discouraged from using non-US domain names due to the broad language in the bills on how they may be defined.

Adding regulation to one of the few growing sectors in the U.S. will result in a "chilling effect" and will push individuals and business to start ventures elsewhere. Threatening this existing ecosystem for the purpose of making it slightly harder to pirate movies is a very dangerous tradeoff.

In Conclusion


It is my strong belief that both PROTECT IP and SOPA:
  1. Will not stop the piracy they are targeting
  2. Contain language that is highly ambiguous and extremely broad making them ripe for abuse, and
  3. Introduce regulation and enforce censorship on what should be a free and open internet. end quote from

    A technical examination of SOPA and PROTECT IP 

    from

    reddit: the front page of the internet

    So, if you have been reading all this if this legislation passes it will end the internet as we now know it and turn it into likely a thing of the past. Since users because of (what appears to be almost) infinite liability in ways the average person cannot likely understand, ferret out or survive without hiring a lawyer which most cannot afford, it will be easier just to stop using the internet at all if you live in the U.S.  Therefore, for all intents and purposes the internet ends(at least in the U.S.)

    Also, when I went to Google, the Word Google was Blacked out but the site still worked. However, here is their button to learn more about 

    SOPA and PIPA

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