News

Censoring the Internet

Members of Congress are trying to do the right thing by going after pirates and counterfeiters but SOPA and PIPA are the wrong way to do it.

What Is It

1. SOPA and PIPA would censor the Web
The U.S. government could order the blocking of sites using methods similar to those employed by China. Among other things, search engines could be forced to delete entire websites from their search results. That’s why 41 human rights organizations and 110 prominent law professors have expressed grave concerns about the bills.

2. SOPA and PIPA would be job-killers because they would create a new era of uncertainty for American business
Law-abiding U.S. internet companies would have to monitor everything users link to or upload or face the risk of time-consuming litigation. That’s why AOL, EBay, Facebook, Google, LinkedIn, Mozilla, Twitter, Yahoo and Zynga wrote a letter to Congress saying these bills “pose a serious risk to our industry’s continued track record of innovation and job-creation.” It’s also why 55 of America’s most successful venture capitalists expressed concern that PIPA “would stifle investment in Internet services, throttle innovation, and hurt American competitiveness”. More than 204 entrepreneurs told Congress that PIPA and SOPA would “hurt economic growth and chill innovation”.

3. SOPA and PIPA wouldn’t stop piracy
To make matters worse, SOPA and PIPA won’t even work. The censorship regulations written into these bills won’t shut down pirate sites. These sites will just change their addresses and continue their criminal activities, while law-abiding companies will suffer high penalties for breaches they can’t possibly control.

There are effective ways to combat foreign “rogue” websites dedicated to copyright infringement and trademark counterfeiting, while preserving the innovation and dynamism that have made the Internet such an important driver of American economic growth and job creation. Congress should consider alternatives like the OPEN Act, which takes targeted and focused steps to cut off the money supply from foreign pirate sites without making US companies censor the Web.

What Are These Bills?

The bills represent the latest effort from the Motion Picture Association of America, the Recording Industry Association of America, and their allies to counter what they view as rampant piracy on the Internet, especially offshore Web sites.

It would allow the Justice Department to obtain an order to be served on search engines, Internet service providers, and other companies, forcing them to make a suspected piratical web site effectively vanish. It’s opposed by many Internet companies, users, and civil liberties groups.

SOPA and PIPA are intended to curb the illegal download of copyrighted materials from foreign “rogue” sites, like The Pirate Bay. There is already legislation that provides some protection for copyrighted material, like the Digital Millennium Copyright Act (DMCA), which requires companies to remove copyrighted content “in good faith.”

Worst-case scenarios are being debated. The Electronic Frontier Foundation speculates, “Instead of complying with the DMCA, a copyright owner may now be able to use these new provisions to effectively shut down a site by cutting off access to its domain name, its search engine hits, its ads, and its other financing even if the safe harbors would apply.