SOPA, PIPA, and Internet Freedom
Chase Fnords
University of Liberty

SOPA and Internet Freedom

I. Introduction A. The internet is a vast, ever-expanding microcosm of information. As a tool, it provides the ability to share information with anyone in the world within seconds. Because of this ability, data that may be under copyright has been shared in a manner that may be deemed illegal. B. In recent history, legislation has been brought forth in congress to try to prevent the sharing of data that has been used without the copyright owner’s consent. Most recently, the legislation known as Stop Online Piracy Act (SOPA) was introduced in the U.S. House of Representatives, and the Protect IP Act (PIPA) in the U.S. Senate. C. Because of acts such as SOPA and PIPA, there have been protests by large Internet companies, as well as individuals, that believe their passage will limit free speech and infringe on the public’s First Amendment rights.
II. Legislation Defined A. The Stop Online Piracy Act (SOPA) is bill that was introduced as H.R.3261 in the U.S. House of Representatives in 2011. It will attempt to prevent the sharing of copyrighted and protected data over the internet from foreign sources. According to (Schatz, 2012) “The Justice Department could seek a court order requiring U.S. Internet providers to block access to foreign pirate websites. Access could be blocked either by making it impossible for users to type a simple web address into an Internet browser to reach the site or by requiring search engines like Google to disable links to the sites.” B. The Protect IP Act (PIPA) is a bill that was introduced in the U.S. Senate as SB.968 in 2011. The goal of PIPA is much like that of SOPA, in that it will attempt to limit access to websites that are in “violation” of the law. By preventing access to these sites, it will also attempt to prevent the sharing of data that is the intellectual property of a sole owner, or group of owners or corporation. It will go so far as to shut down websites that are operated in foreign countries, but still have roots within servers that are based within the United States. In contrast to SOPA, it does not contain language that will make it illegal to stream copyrighted materials. (Schatz, 2012) C. Both bills were stopped short of a vote in 2012. They have only been stopped for the year and will be re-assessed in the coming year. (Brodsky, 2012) states, “SOPA and PIPA were stopped, perhaps for this year, as a result of dedicated activities on a number of fronts from a number of angles.”
III. Supporters and Opponents

A. The two major supporters of both SOPA and PIPA are the Recording Industry Association of America (RIAA) and The Motion Picture Association of America (MPAA). Because most of the data that is shared over the internet is in the form of music or a movie, both organizations have a large interest in the illegal use of their intellectual property. (Picker, 2012) stated “This is an agreement between key players in the content industry the Recording Industry Association of America, the Motion Picture Association of America, and a number of the corporate members of the RIAA and the MPPA and the leading Internet service providers, including corporate entities for Verizon, Comcast, and Time Warner Cable (but without consumers at the bargaining table).” (p.32) B. Major opponents of both bills are: Google, Wikipedia, and Facebook. (Corbin, 2012) asserts that the aforementioned companies, “have warned that in its efforts to crack down on overseas piracy, the legislation would inevitably ensnare legitimate websites in a form of censorship that would threaten to banish innovative and lawful companies from the Internet.” Large protests organized by concerned citizens have also taken place in Washington regarding the legality of both Acts. According to (Doctorow, 2011), SOPA’s opponents call the bill "the worst Internet law in American legislative history" (p. 36-38)
IV. Possible outcomes and circumstances of passage A. Some argue that the passage of SOPA and PIPA should and will be considered Human Rights violations. (Doctorow, 2011). (Doctorow, 2011) also cites that, “The U.N. characterizes access to the Internet as a human right” to support this claim. (p. 36) B. The legislation, if enacted, could be considered censorship. The law could result in an action that forces a company such as an Internet Service Provider to block access to certain material, or whole websites on the Internet, solely because the U.S. Department of Justice, or other entity declares it to be in violation. If a website is in violation, the user may encounter an image much like the image on the next page when trying to access the site. [pic] http://conservativedailynews.com/wp-content/uploads/2011/11/sopa1.jpg

C. Social media websites such as Facebook and Twitter will be forced to police their websites for unlawful material 24 hours a day. This will cause them to censor material, or they will likely be charged with a felony for failing to do so. D. Websites such as Paypal, which act as mediators where a payment is involved, would be forced to cease doing business with any entity that does not comply with the law. This would result in a loss of revenue for a type of company that has no interest other than to convert payments. E. Owners of domains that operate in the U.S. may seek to move their domains to a foreign country in an attempt to avoid interference and prosecution. F. The passage of these bills could result in the largest First Amendment case in U.S. history.

References

Brodsky, A. (2012). PIPA And SOPA Were Stopped, But the Web Hasn't Won.

Retrieved on March 25, 2012 from: http://www.huffingtonpost.com/art-brodsky/pipa-and-sopa-were-stoppe_b_1230818.html

Corbin, K. (2012). SOPA, PIPA Opponents Prepare for Capitol Hill Piracy Showdown.

Retrieved on March 25, 2012 from: http://www.cio.com/article/698113/SOPA_PIPA_Opponents_Prepare_for_Capitol_Hill_Piracy_Showdown

Doctorow, C. (2011). COPYRIGHTS VS. HUMAN RIGHTS. Publishers Weekly, 258(49), 36- 38.
Picker, R. C. (2012). The Yin and Yang of Copyright and Technology. Communications Of The ACM, 55(1), 30-32. doi:10.1145/2063176.2063190

Schatz, A. (2012). What Is SOPA Anyway? A Guide to Understanding the Online Piracy Bill.

Retrieved on March 25, 2012 from: http://online.wsj.com/article/SB10001424052970203735304577167261853938938.html