Posts Tagged ‘SOPA’

Vote Obama-Biden for Pro-Blogger Internet Policy

Monday, November 5th, 2012

Many of you out there are single-issue votes when it comes to the office of president. And, of course, that single issue is blog law. Or not.

But if you issue is blog law, your candidate is Barack Obama.

While blog law did not take center-stage (or even side-stage or backstage or offstage) at the debates, we do know something of candidates’ positions on blog law. Happily, Scientific American asked the candidates for president 14 questions related to science. In truth, I’m not sure internet policy is a “science” question, but, as it so happens, SciAm included the following: “What role, if any, should the federal government play in managing the Internet to ensure its robust social, scientific, and economic role?”

Interestingly enough, the candidates’ answers are importantly different. And Governor Mitt Romney takes a position that is squarely against the interests of bloggers. So, if you are voting on the basis of blog law, vote Obama-Biden.

Let’s take a look at what they said.

President Barack Obama:

A free and open Internet is essential component of American society and of the modern economy. I support legislation to protect intellectual property online, but any effort to combat online piracy must not reduce freedom of expression, increase cybersecurity risk, or undermine the dynamic, innovative global Internet. I also believe it is essential that we take steps to strengthen our cybersecurity and ensure that we are guarding against threats to our vital information systems and critical infrastructure, all while preserving Americans’ privacy, data confidentiality, and civil liberties and recognizing the civilian nature of cyberspace.

That’s a pretty boring response that seems designed to offend no one. There is one nugget of a controversial-stance taking inside of it. When the president says “any effort to combat online piracy must not reduce freedom of expression, increase cybersecurity risk, or undermine the dynamic, innovative global Internet,” he seems to be talking about the hypercopyright bill SOPA, which I’ve blogged about several times. That’s good, because anti-SOPA is pro-blogger.

Governor Mitt Romney:

It is not the role of any government to “manage” the Internet. The Internet has flourished precisely because government has so far refrained from regulating this dynamic and essential cornerstone of our economy. I would rely primarily on innovation and market forces, not bureaucrats, to shape the Internet and maximize its economic, social and scientific value.

Thanks to the non-governmental multi-stakeholder model, the Internet is — and always has been — open to all ideas and lawful commerce as well as bountiful private investment. Unfortunately, President Obama has chosen to impose government as a central gatekeeper in the broadband economy. His policies interfere with the basic operation of the Internet, create uncertainty, and undermine investors and job creators.

Specifically, the FCC’s “Net Neutrality” regulation represents an Obama campaign promise fulfilled on behalf of certain special interests, but ultimately a “solution” in search of a problem. The government has now interjected itself in how networks will be constructed and managed, picked winners and losers in the marketplace, and determined how consumers will receive access to tomorrow’s new applications and services. The Obama Administration’s overreaching has replaced innovators and investors with Washington bureaucrats.

In addition to these domestic intrusions, there are also calls for increased international regulation of the Internet through the United Nations. I will oppose any effort to subject the Internet to an unaccountable, innovation-stifling international regulatory regime. Instead, I will clear away barriers to private investment and innovation and curtail needless regulation of the digital economy.

Romney’s pro-big-telecomm stance against net neutrality should be very concerning for bloggers. I’ve explained why net neutrality is important for bloggers. (In fact, I’ve written about it a lot.)

On that basis, Blog Law Blog officially endorses Barack Obama for president of the United States. (Just to be completely clear, that’s coming from the Blog Law Blog Editorial Board, which is me, and does not necessarily reflect contributor viewpoint.)

So go and vote. And beginning tomorrow, I will provide you with some of America’s least comprehensive election coverage. (But, hey, it is likely be America’s only election coverage solely devoted to blog law issues!)

On the Radio Talking About SOPA!

Thursday, January 19th, 2012

Guess what I did today! I was on the radio talking about SOPA! Not an internet radio station, but a real stick-in-the-ground over-the-airwaves AM radio station: KNOX 1310 Grand Forks, a talk program hosted by Brian Michaels and Denny Johnson.

Has the MPAA and RIAA finally overreached when a law professor is on a midday radio show talking about INTELLECTUAL PROPERTY? Yup, I think so.

Thanks to the blackout against SOPA, and mostly Wikipedia’s part in it, Copyright’s suddenly become a mainstream political issue. The blackout against SOPA was even on NBC Nightly News with Brian Williams last night! How about that?

Down Against SOPA

Wednesday, January 18th, 2012

Today, Congress is considering passage of SOPA – the Stop Online Piracy Act – legislation that would destroy the free architecture of the internet and initiate censorship.

I’m blacking out Blog Law Blog for the day to join with many others in showing symbolically what the internet could look like if this bill becomes law.

If you are in the U.S., please take a moment to contact your representative to register your opposition.

Blackouts Tomorrow for SOPA and PIPA

Tuesday, January 17th, 2012

Wikipedia is planning to blackout its whole site tomorrow as a protest to SOPA and PIPA – those internet censorship-in-the-name-of-fighting-intellectual-property-piracy bills on Capitol Hill. I know other websites are planning or contemplating the same.

I think I’ll do the same here on Blog Law Blog. I just have to figure out how to do it in terms of the code on the back end. If you are planning to join in, read up on how to do it the right way so you stay friendly to search engines.

White House Blogs in Response to Anti-SOPA Petitions

Monday, January 16th, 2012

The White House has responded to online petitioning done by opponents of SOPA. In a blog post, IP czar Victoria Espinel, U.S. CTO Aneesh Chopra, and national cybersecurity coordinator Howard Schmidt wrote:

While we believe that online piracy by foreign websites is a serious problem that requires a serious legislative response, we will not support legislation that reduces freedom of expression, increases cybersecurity risk, or undermines the dynamic, innovative global Internet.

That’s very good to hear.

2011 in Review: Bad Legislation

Monday, January 2nd, 2012

2011Unlike a lot of tawdry, pandering, cut-rate journalistic operations out there (Time, CNN, etc.) who claim to review 2011 before it’s over yet, here at Blog Law Blog, your faithful blogger waited until it was all over before claiming to look back at it.

So now it’s time. What characterized 2011 in blog law?

First up: Bad legislating. This was a year when legislatures engaged in all kinds of nonsense that, at best, was dopey, and, at worst, was potentially disastrous.

The California legislature outdid itself this year. First there was the absurd new statute threatening jurors with jail time if they tweet, blog, or otherwise use the internet to communicate about their trial. The law’s not inane because I have an affection for tweeting jurors. It’s inane because, when you look at it closely, it’s inane:

Could the California legislature have felt egged on by reading my withering critique? Well, they urned around and did something even worse with their Reader Privacy Act. Some laws I just disagree with. But the California Reader Privacy Act actually makes no sense. Here’s an actual quote from me about this law:

That’s P.O. Box Crazy Crazy Crazy, Crazytown Station, Crazy Valley Acres, California 95814.

For a more in-depth explanation:

Now, the worst legislation of 2011 was a set of related measure working their way through the U.S. Congress: the Protect IP Act (PIPA) in the U.S. Senate and the Stop Online Piracy Act (SOPA) in the House of Representatives. Now this stuff hasn’t become law yet – it’s still a bill (sittin’ there on Capitol Hill). But it’s really bad. The House Judiciary Committee will be taking SOPA back up this month. Let’s hope 2012 is a better year for legislation than 2011 was.

Newton’s Third Law of Intellectual Property

Thursday, December 29th, 2011

Test firing of rocket engine with blue flamesIn Monday’s post, I noted that Dutch M.P. Marietje Schaake linked America’s proposed Stop Online Piracy Act (SOPA) with China’s censorship of political expression (a point also picked up by Techdirt’s Glyn Moody.)

So, is it really fair to equate shutting off internet access because of claims of intellectual-property infringement with shutting off internet access because of unapproved political expression? Yes it is. Here’s why.

It’s what I call Newton’s Third Law of Intellectual Property. This is actually my thing, not Isaac Newton’s. But it is analogous to Newton’s Third Law of Motion.

In physics, Newton’s famous Third Law is that for every action there is an equal and opposite reaction.

My law, is that for every intellectual property entitlement, there is an equal and opposite reduction in freedom.

So, if someone has a trademark entitlement with regard to a certain word or phrase, the extent of that right is exactly coextensive with the public’s lost ability to legally use that word or phrase. Same for copyright: A copyright over a musical melody means a loss of freedom of everyone else to play that melody.

I don’t mean for Newton’s Third Law of IP to impugn all intellectual property. Just because something reduces freedom doesn’t mean it’s unjustified. But it does mean that there is an inescapable tradeoff. When one person gains an IP right, everyone else loses a freedom. Perhaps the loss of freedom is worth it for the good that the IP entitlement does, such as encouraging innovation. But it is intellectually dishonest to argue or imply that intellectual property entitlements don’t come without a surrender of some amount of liberty.

Image: NASA

Dutch Conference on Internet Freedom Highlights Plight of Bloggers Under Oppressive Regimes

Monday, December 26th, 2011

Logo for Freedom Online 8 & 9 December 2011 Joint Action for Free Expression on the InternetEarlier this month the Netherlands’ Ministry of Foreign Affairs hosted a conference called Freedom Online: Joint Action for Free Expression on the Internet. The conference was attended by more than 20 countries and NGOs, including the United States, which sent Secretary of State Hilary Clinton.

One particular subject of discussion was the need to help bloggers in countries ruled by oppressive regimes. There’s a good write up by Toby Sterling of the Associated Press: EU official: Protect bloggers from repressive governments.

Secretary Clinton, who opened the conference, issuing a call for companies to refuse to sell surveillance technologies to repressive governments. It’s wonderful to see the U.S. take a leadership stance on internet freedom, but there’s some irony as well.

Syrian blogger Amjad Baiazy, who was arrested and tortured earlier this year because of his online writing, noted that Western companies surveillance system that Syria’s been using to ferret out internet dissidents.

And Dutch member of parliament Marietje Schaake, while dittoing Clinton’s call for restraint among tech companies, took the U.S. to task for Congressional consideration of SOPA (the proposed Stop Online Piracy Act,” which, she said, “give great incentives to governments like China to do the same,” blocking access to expression they find inappropriate.

Important points, all around.

SOPA Stopped – For Now

Monday, December 19th, 2011

Under a wave of phone calls and social-media attention, Lamar Smith (R-Texas) abruptly called an end to the hearings on SOPA, saying they would be rescheduled for the future. Lamar Smith is a toughie. So getting him to take a step backward is quite an accomplishment!

More:

Please Call Right Now to Stop SOPA

Thursday, December 15th, 2011

CALL NOW - Capitol HillThis is it. This is the time to make your voice heard on Capitol Hill before the disastrous Stop Online Piracy Act is passed by the U.S. House of Representatives.

Go to EFF’s action page on SOPA and type in your zip code to instantly get the phone number of your rep. And you can bet I’ve called.

SOPA is a threat to blog freedom and internet freedom in American and abroad.

Make the call, and blog on!

This is a Key Week in the Fight Against SOPA

Tuesday, December 13th, 2011

This is a key week in the fight against SOPA – a sledgehammer law, ostensibly to fight copyright infringement, that would be a disaster for bloggers and for the internet in general. The bill is approaching a vote in the House Judiciary Committee. Please consider taking some time learn about the issue, and if your member of Congress is on the House Judiciary Committee (list below), please write them!

The Stanford Law School Center for Internet and Society (where I am an affiliate scholar), recently hosted a panel discussion called What’s Wrong with SOPA? You can now watch the video of the event.

Julie Ahrens of CIS did a really nice post explaining concisely why SOPA is such a bad idea, broken down into five points:

1. SOPA violates due process.
2. SOPA censors lawful speech.
3. SOPA breaks the Internet’s infrastructure.
4. SOPA blows up the safe harbor.
5. SOPA kills innovation.

She provides an explanation and cites to further reading for each.

Here is the membership of the House Judiciary Committee. If your rep is on here, please call and e-mail!

Adams – (R) Florida, 24th
Amodei – (R) Nevada, 2nd
Berman – (D) California, 28th
Chabot – (R) Ohio, 1st
Chaffetz – (R) Utah, 3rd
Chu – (D) California, 32nd
Coble – (R) North Carolina, 6th
Cohen – (D) Tennessee, 9th
Conyers Jr. – Ranking Member – (D) Michigan, 14th
Deutch – (D) Florida, 19th
Forbes – (R) Virginia, 4th
Franks – (R) Arizona, 2nd
Gallegly – (R) California, 24th
Gohmert – (R) Texas, 1st
Goodlatte – (R) Virginia, 6th
Gowdy – (R) South Carolina, 4th
Griffin – (R) Arkansas, 2nd
Issa – (R) California, 49th
Jackson Lee – (D) Texas, 18th
Johnson – (D) Georgia, 4th
Jordan – (R) Ohio, 4th
King – (R) Iowa, 5th
Lofgren – (D) California, 16th
Lungren – (R) California, 3rd
Marino – (R) Pennsylvania, 10th
Nadler – (D) New York, 8th
Pence – (R) Indiana, 6th
Pierluisi – (D) Puerto Rico, Resident Commissioner
Poe – (R) Texas, 2nd
Polis – (D) Colorado, 2nd
Quayle – (R) Arizona, 3rd
Quigley – (D) Illinois, 5th
Ross – (R) Florida, 12th
S?nchez – (D) California, 39th
Scott – (D) Virginia, 3rd
Sensenbrenner Jr. – (R) Wisconsin, 5th
Smith – Chairman – (R) Texas, 21st
Waters – (D) California, 35th
Watt – (D) North Carolina, 12th

Stanford CIS to Host Panel on SOPA

Monday, December 5th, 2011

Stanford Center for Internet and Society logoThe Stanford Law School Center for Internet and Society, where I am an affiliate scholar, is hosting a panel discussion on SOPA – the Stop Online Piracy Act – and the Protect-IP Act that are making their way through the U.S. Congress.

The discussion – WHAT’S WRONG WITH SOPA? – is open to the public and will take place on Wednesday, December 7, 2011, at 7 p.m. PST in Room 290 of the Law School Building at Stanford. There will also be a 6 p.m. reception on the Neukom Terrace, at the Neukom Building. You’re encouraged to RSVP.

U.S. Chamber of Commerce Backing SOPA Even as Members Back Away from the Chamber

Thursday, December 1st, 2011

Declan McCullagh at CNET has a worthwhile post about one lobbying group’s puzzling and unfortunate support for SOPA:

The Chamber claims SOPA is good for businesses, but the businesses that oppose it include eBay, Google, Yahoo, Twitter, Facebook, AOL, and LinkedIn. Yahoo has quit the Chamber now, and the Consumer Electronics Association and Google may soon do the same.

Please Help Stop SOPA

Saturday, November 26th, 2011

STOP SOPA

Something very bad may be about to happen to the internet.

The United States Congress, which is currently slightly more popular than the rabies virus, may be on the brink of passing the Stop Online Piracy Act, an outrage that attempts to placate big Hollywood content industries by selling out freedom on the internet.

I’ll be writing about SOPA (and PIPA, as it’s known in the Senate) in upcoming posts. Please take the time to educate yourself and call your representatives.

Also, consider adding a STOP SOPA badge to your website. Feel free to swipe them off of this blog – I handmade these (entirely independently), so I can and hereby do license them to you. And then link them to one of the many explanations out there for why SOPA presents such extreme peril.