A pair of Capitol Hill proposals that target pirating of American content by foreign websites are drawing fierce opposition from major high-tech firms and making unlikely bedfellows out of legislators who oppose the bills.
The House bill, known as SOPA (Stop Online Piracy Act), has infuriated executives from companies such as Wikipedia and Reddit, both of which will shut down their websites in protest for much of Wednesday. The two companies, along with a group of legislators that includes U.S. Rep. Anna Eshoo, D-Palo Alto, are leading a charge against SOPA and its Senate counterpart, Protect IP Act (PIPA) -- proposals that they equate to censorship and a blow to start-up companies.
If signed into law, SOPA would allow companies who claim their content is being pirated to file complaints in court. A judge would then have the power to require Internet service providers to cut off service to offending sites and to force search engines such as Google to remove these sites from the searches.
The bill's author, Rep. Lamar Smith, R-Texas, characterized SOPA as an act that will stop "foreign rogue websites from taking jobs and profits away from America's innovators." In a statement, he said that the bill's "broad bipartisan support shows Congress's commitment to combating rogue states and ensuring that profits go to American innovators, not criminals who steal our products and damage our economy."
But Eshoo, whose congressional district includes a slew of start-up tech companies, has consistently argued that SOPA's reach is too broad and that it would have the unintended consequence of stifling local start-ups and creating uncertainty in the industry. Her House allies in this battle include several California Democrats, among them Zoe Lofgren and Mike Honda, along with Republicans such as Ron Paul, the presidential candidate from Texas, and Darrell Issa, R-49th District.
Critics in the high-tech world have also claimed that the law would require small companies to hire teams of attorneys to fight complaints that may or may not be legitimate. The bills are heavily supported by the music and movie industries, which are particularly prone to high-tech piracy.
Eshoo on Wednesday joined high-tech giants such as Wikipedia and Google (which did not shut down, but which censored its own logo in protest) by using her site to protest SOPA and PIPA. Visitors to her official site were greeted with a black screen featuring the words, "STOP SOPA/PIPA."
"History is being made by the more than 10,000 websites that have chosen to boycott SOPA by participating in today's blackout," Eshoo said in a statement Wednesday.
"Members of Congress need to hear about the consequences of SOPA, and when they do, they'll learn of the serious consequences to the Internet the bill poses. It's time to pull up the emergency brake on this legislation."
Eshoo and Paul, the Congress' leading libertarian, were two of 11 members of the House of Representatives to sign a letter in November opposing SOPA. The letter, addressed to bill author Smith, the Republican chair of the House Committee of Judiciary, and to John Conyers, the Democratic ranking member on the committee, commends the legislation's goal of targeting "rogue" foreign websites engaging in copyright infringement, but warns of unintended consequences.
"While this is a laudable goal and one we support, the SOPA's overly broad language, in its current form, would target legitimate domestic websites, creating significant uncertainty for those in the technology and venture-capital industries," the letter states.
Last month, Eshoo joined a bipartisan group that includes Issa in releasing its own framework for an anti-pirating law. The group's proposal would empower the International Trades Commission to launch investigations into accusations of copyright infringement. The ITC would have the power to issue cease-and-desist orders to provide "appropriate immunity" to companies complying with its orders.
In a statement that accompanied the framework, Eshoo said rogue websites represent "the hijacking of American genius, and must be stopped."
"But the Stop Online Piracy Act's overly broad language will seriously hinder the growth of new businesses, new investments and new jobs," Eshoo said. "The economic opportunities and innovation created by the Internet and start-ups could be crushed under the weight of SOPA."
She said she hopes the draft framework serves as "a good starting point for future discussions on how to best protect U.S. intellectual property rights."
Eshoo's proposal comes at a time when SOPA is attracting support from the majority of the House Judiciary Committee, which is still finalizing the bill. According to Politico, two-thirds of the committee is prepared to vote for the act. PIPA's opponents in the Senate, meanwhile, will consider next week whether to filibuster the proposed act, according to the site.
With action imminent, companies such as Wikipedia, the popular user-generated online encyclopedia, and Reddit have stepped up their opposition to the two legislative proposals. The administrators at Reddit, a social-media site that allows users to tag news headlines, posted a warning last week that begins, "The freedom, innovation, and economic opportunity that the Internet enables is in jeopardy." The blog post then predicts that "if we do nothing," Congress will likely pass the Protect IP Act (PIPA) and SOPA and that the president will likely sign it into law. It urges users to oppose the proposed legislation.
"There are powerful forces trying to censor the Internet, and a few months ago many people thought this legislation would surely pass," Reddit's post states. "However, there's a new hope that we can defeat this legislation."
On Tuesday, the site featured a warning that it will be "going down for 12 hours" to protest SOPA and PIPA along with a countdown to the shutdown.
The Wikipedia Foundation has also blasted SOPA, with foundation General Counsel Geoff Bringham saying in a post that the proposed legislation "represents the flawed proposition that censorship is an acceptable tool to protect rights owners' private interest in particular media."
"That is, SOPA would block entire foreign websites in the United States as a response to remove from sight select infringing material," Bringham wrote.
Wikipedia also announced its plan to shut down the English language version of its site for 24 hours, starting at 5 p.m. UTC on Wednesday (9 p.m. Tuesday on the West Coast). Sue Gardner, executive director of Wikipedia foundation, wrote in a posting that "this will be the first time the English Wikipedia has ever staged a public protest of this nature, and it's a decision that wasn't lightly made."
"We believe in a free and open Internet where information can be shared without impediment," Gardner wrote. "We believe that new proposed laws like SOPA and PIPA, and other similar laws under discussion inside and outside the United States, don't advance the interests of the general public."
Comments
Midtown
on Jan 17, 2012 at 10:25 pm
on Jan 17, 2012 at 10:25 pm
I am pleased to see Congresswoman Eshoo take this position against the "Stop Online Piracy Act". Unlike our two Senators.
The SOPA and similar measure in the Senate will cause serious damage to the Internet. While online Piracy is a real problem, this measure doesn't do anything about the illegal content, it only attempts to limit access to this content. It's a very flawed bill.
Kudos to Congresswomen Eshoo!
Adobe-Meadow
on Jan 17, 2012 at 10:57 pm
on Jan 17, 2012 at 10:57 pm
This is a fascist law intended to give big corporations a loophole to bypass the court system. Pres. Obama has announced his opposition to bill. I hope the other Democrats unite with him to crush it.
Old Palo Alto
on Jan 18, 2012 at 9:43 am
on Jan 18, 2012 at 9:43 am
Rep Eshoo: thank you for your efforts.
Stop SOPA.
Fairmeadow
on Jan 18, 2012 at 10:29 am
on Jan 18, 2012 at 10:29 am
THANKS, ANNA ESHOO!!!!!!!!!!!!!
No SOPA!
Midtown
on Jan 18, 2012 at 11:04 am
on Jan 18, 2012 at 11:04 am
@ anti-facist:
There is BIPARTISAN support to kill the bill, just like there is BIPARTISAN support for the bill.
I do hope (and suspect) that this bill will die in procedure.
In addition, I hope that Anna Eshoo might consider a few other bills that would make things easier on Americans:
1. NO TRACKING COOKIES - It is an invasion of our property to allow websites and tech companies to install "tracking cookies" on our computers, cell phones and tablets in order to know which websites that we visit and what products that we are interested in. They could call this the TECHNOLOGY PRIVACY ACT.
2. FULL DISCLOSURE IN ADVERTISING - The Department of Transportation recently ruled that airlines and ticket sellers must disclose the FULL price when advertising fares. This includes taxes, baggage fees, connection fees and administrative costs. It would be great if this could be applied to ALL levels of commerce in the United States.
We should know the "bottom line" cost BEFORE we commit to a contract for cable or satellite TV or internet service, cellular service, or other weekly fees. When we purchase a case of water or soft drinks, we should have the CRV (another form of taxation) reflected IN the price as well.
Kudos to Eshoo for her position on this subject. If we can apply the same level of common sense to other matters, then America would be a better place.
Woodside
on Jan 18, 2012 at 1:42 pm
on Jan 18, 2012 at 1:42 pm
Eshoo is rarely right on the issues, but she's certainly doing much better than our disgraceful Senators on SOPA/PIPA.
Midtown
on Jan 18, 2012 at 5:00 pm
on Jan 18, 2012 at 5:00 pm
California's Senators are clearly in the pocket of the film and music industry. I imagine they get more money from the LA crowd than the Bay Area.
Greenmeadow
on Jan 18, 2012 at 6:45 pm
on Jan 18, 2012 at 6:45 pm
Thanks, Anna! I'm proud to have voted for you these last few elections.
another community
on Jan 18, 2012 at 7:36 pm
on Jan 18, 2012 at 7:36 pm
For once I agree with Eshoo, Obama, et al.
Now, if we could just hold the music and film industries accountable for the garbage they produce, we might be going in the right direction.
Midtown
on Jan 19, 2012 at 10:19 pm
on Jan 19, 2012 at 10:19 pm
At tonight's presidential debate, all four remaining Republican candidates declared their opposition to this legislation:
Web Link
Meanwhile, the Federal government shut down a major file transfer web company called MegaUpload. In addition, the Federal Government arrested a handful of executives from that company in the United States and via warrants served in Australia, New Zealand and Auckland.
Web Link
The problem that I have with this is that the Federal Government is shutting down a web business without a trial or court order based simply on powers agreed upon by the Obama Administration and Congress over the past three years.
In addition, the government is arresting executives and shutting down a website that is merely a portal for commerce. The web company has a relatively small staff and simply allows individuals to upload files (for a charge) and it makes them available via paid subscription or free via an advertisement system.
To me, this is akin to the Federal Government suing Palo Alto if someone buys illegal drugs at the local farmer's market on California Ave. (or at a flea market in San Jose). Sellers are buying space and the market only informs the sellers that they cannot sell prohibited items.
It is not the responsibility of the city (or market association) to police every single item that is sold. Similarly, it is not the responsibility of Facebook to police every single photograph uploaded on the website and determine if some photographs feature copyrighted artwork, logos or images from TV or movies.
I understand the need to safeguard copyrighted material. However, the government is overextending its role in this regard.
The RIAA and other virtual commercial conglomerations are operating under the mistaken view that people who view such material would ever "purchase" it. They think that online file sharing forums are the reason that the industry doesn't make even more money than it already does.
However, many people don't buy DVDs and Blu-Rays simply because they have subscriptions to Netflix. They can watch them at ANY time. And music? I just go to YouTube (on my computer, notebook, tablet or phone) and type in the name of a song if I want to hear it.
We live in a digital world. Sure, there are some poorly recorded films floating around on the internet that a handful of people will watch instead of buying overpriced tickets and popcorn at crowded theaters with sticky floors. However, most people won't do that. They will either buy those tickets and bags of popcorn, wait for the DVD/Blu-Ray, or simply wait for the film to be released on Redbox or Netflix.
It is ironic that the media was paying so much attention to the Occupy movement who criticized about the "greed" of banks and other "big" companies UNTIL they realized that they were another BIG industry that will sue 11 year old girls or 80 yr old grandmothers over content that was downloaded or viewed on their computers.
*sigh
It is late...and it is frustrating to see the government grabbing power that it was probably never intended to have.
Old Palo Alto
on Jan 20, 2012 at 11:54 am
on Jan 20, 2012 at 11:54 am
"At tonight's presidential debate, all four remaining Republican candidates declared their opposition to this legislation..."
But when will Romney flipflop on his declaration? Or has he already? It is so difficult to keep track of his daily positions especially in a poll intensive enviroment like the primary states.
[Portion removed by Palo Alto Online staff.]
Midtown
on Jan 20, 2012 at 12:37 pm
on Jan 20, 2012 at 12:37 pm
@ Pepp:
Are you seriously hijacking this discussion and turning it into an ATTACK ROMNEY festival?
Wow.
Old Palo Alto
on Jan 20, 2012 at 1:30 pm
on Jan 20, 2012 at 1:30 pm
it was a valid question. it's valid to ask Mitt every day about every issue, just to see what he flip flops on that day.
Romney claims to be against the proposal, because he saw which way the winds were blowing. He couldn't go against himself yet until he sees the polls
repeat - "At tonight's presidential debate, all four remaining Republican candidates declared their opposition to this legislation" But when will Romney flipflop on his declaration?
There are more than 4 candidates. just because the washington insiders and media elites won't let the others debate, there are more than four. Gary Johnson for example. Buddy Roemer. the Karger guy.
As far as an attack romney festivval its always a mitt basshing party out here. mitt can not get more than 3 in 10 republicans to support him. The bash party is for the 7 of 10 of us. join us. its fun. unless he wins then its a disaster.
he is a natural born liar
a big government massachusetts moderate
Midtown
on Jan 20, 2012 at 1:35 pm
on Jan 20, 2012 at 1:35 pm
@ Pepp:
A "natural born liar?"
Ridiculous. For all of the flip flopping that you try to introduce while hijacking this article's comments section, a person could make a very credible argument about President Obama's position switching or broken promises.
Still, your rants have nothing to do with the content or discussion with this article.
Community Center
on Jan 20, 2012 at 3:14 pm
on Jan 20, 2012 at 3:14 pm
Any time Romney "takes" a "stand", it's perfectly valid, given his track record, to question how many days before he changes his position. Look at all the huge issues he has flipflopped on already - omg - impressive!!!
Nayeli's comments will soon reflect a couple of Obama's flips - Gitmo, Afghanistan, etc.. but no one I can remember has Romney's unique record. He'll flip on SOPA soon enough, if only to get the subject off Bain, vulture capitalism and his tax returns. Anything to change the subject from losing Iowa yesterday to Rick Froth and this weekend in South Carolina, or at least not winning by the 20 point lead he had.
Then Nayeli will bring up Obama, Kerry, Edwards, Soros and all the rest of her favorite diversions.
I personally hope it's Romney. It will be a great match up in November: Obama, who started with virtually nothing versus a silver spoon 1 percenter with a record of killing US companies.
Obvious which is the true American success story.
Midtown
on Jan 20, 2012 at 5:09 pm
on Jan 20, 2012 at 5:09 pm
@ Cedrick:
Huh? "Favorite diversions?"
What are you talking about?
This article was about the proposed legislation that Eshoo opposes. I mentioned that ALL FOUR of the Republicans stated that they opposed the legislation during last night's debate.
Someone else brought up Obama. I mentioned that his administration extended power that SHUT DOWN a website yesterday without a trial or court order. He mentioned that he opposes the legislation, but his administration empowered the Justice Department to shut down the website and arrest executives here in the United States and in other countries.
I simply believe that this is too much power...and it has the potential to be applied too loosely.
So before you go spouting about what you *think* I will say, you might want to check your poor ESP skills out (or at least ASK ME first). Otherwise, you are demonstrating very poor reasoning and deduction skills.
Midtown
on Jan 21, 2012 at 6:05 pm
on Jan 21, 2012 at 6:05 pm
@ Pepp:
Your homemade list of "flip flops" has NOTHING to do with this article. It is merely an attempt to hijack this article's comments section in order to spread your own political views of Governor Mitt Romney.
That is probably why it was deleted by the editors.