What do SOPA and PIPA Have to do with us?

Article taken from ….prescottenews.com

Why did Wikipedia and other websites across the Internet go “black”on Wednesday?

Wikipedia went “black” on Wednesday, hiding the information people were searching for. But why?

It was all due to pending legislation in the US House of Representatives called the Stop Online Piracy Act, aka, SOPA. A companion Senate bill is called the Protect IP Act, or PIPA.

See: Wikipedia’s Thank You page | and  Wikipedia’s Information about SOPA and PIPA

According to RollCall.com, this bill would have provided that, “…if something on a website contained copyrighted material, the entire website could be shut down without first notifying the users or the owners of the website, opponents allege.”

“If enacted,”RollCall continues, “PIPA and a House version of the bill would allow the Department of Justice (DOJ) as well as individual copyright owners to bring legal action against Internet users who post copyright-infringing content.”

Here’s how these bills would work. Suppose someone, we’ll call her Mary, claims her copyrighted material is on JoesInformation.com (fictitious) website without prior permission. The government could then shut down JoesInformation immediately, without any warning or opportunity for Joe to defend himself. Additionally, not only can Mary sue Joe in court, but the DOJ can also sue Joe in court.

However, these bills wouldn’t protect against all copyright infringements. For example, when Ann Kirkpatrick’s campaign took a video without permission from Prescott eNews to use in a commercial against her opponent Paul Gosar two years ago, the only final recourse was to spend thousands of dollars on a lawsult in federal court. By the time the lawsuit would be heard, the election would have been long over, the damage being done. Would SOPA and PIPA help in a similar circumstance? No. It wouldn’t have pulled her commercial off the airways, and it certainly wouldn’t shut down the entire television station that was running it.

See: If it’s Not Yours, Don’t Use It and Holding Congresswoman Kirkpatrick Accountable

Many in Congress that once supported the SOPA and PIPA bills, have now pulled their support. Senator Marco Rubio from Floridaposted on his Facebook page, “From today’s announcement: “I have decided to withdraw my support for the Protect IP Act. Furthermore, I encourage Senator Reid to abandon his plan to rush the bill to the floor. Instead, we should take more time to address the concerns raised by all sides, and come up with new legislation that addresses Internet piracy while protecting free and open access to the Internet.”Please SHARE this article to support the need for balancing American jobs and internet freedom.”

Arizona representatives have also been weighing in on the matter. Representative Jeff Flake (CD6), who is also running for the Senate, posted on his Facebook page, “Okay, so this Stop Online Piracy Act (SOPA) being marked up in the House Judiciary Committee is getting more than a little attention, particularly online. In case you’re wondering, I’m opposed to SOPA. I’m concerned that it will stifle free speech. Click “like”if you agree.”(Also see Flake’s official Congressional Facebookpage.)

Raul M. Grijalva, (CD7) wrote on his Facebook page, “I oppose SOPA and will not vote for it. This has gone well beyond protecting legitimate intellectual property rights – we’re now talking about censoring the Internet and letting companies restrict what you get to view. How do you feel about it?”

Representative Paul Gosar agrees completely. On his Facebook page, he wrote, “Thank you to everyone who wrote and called to stop SOPA. Your voices were heard and this bad piece of legislation has been stopped.”He then links to an article in Reuters, White House: Anti-Piracy Legislation Must Not Curtail Innovation, Freedom of Expression

Gosar then expanded his thoughts in a longer piece sent out by his office on Wednesday. Here’s that piece in its entirety:

Bloggers Corner – SOPA A FLAWED POLICY

“By Congressman Paul Gosar

“They say the road to Hell is paved with good intentions. Nowhere is that more true than in Congress. Too often, some members of Congress want to be seen as “doing something”about a problem, or “caring”about people or constituencies, they support bills that sound good in principle, but have disastrous unintended consequences. So far, in my short time in the House of Representatives, one of the clearest and most obvious examples of this bad habit has been the Stop Online Piracy Act (SOPA).

“SOPA is designed to curb illegal online activity and protect intellectual property rights, particularly from foreign websites that are outside the jurisdiction of U.S. Courts. Under current law, it is relatively easy to enforce copyright infringement against American-based websites. If American websites directly engage in this kind of illegal activity, they can be prosecuted in a fairly simple, conventional fashion. However, it is more difficult to do so with foreign websites, since they are difficult to track and our judicial system has no jurisdiction over these sites. SOPA attempts to fix this problem by allowing the U.S. Department of Justice (DOJ) and American copyright holders to request American websites such as search engines, payment services or advertising networks that do business with offending websites be shut down. Essentially, the DOJ could force internet service providers to effectively prevent all access to these illegal websites. While this sounds good in theory, the legal language is far too broad and would likely ensnare more well intentioned people than it would catch and punish genuine online pirates.

“Put simply, SOPA would enable the U.S. government to block Internet content for unimportant, vague or non-existent reasons. Sites that “enable or facilitate”copyright infringement could be shut down for a single, unintentional infringement by one of their users. Essentially, it is theoretically possible for Twitter to be shut down because a random person with a Twitter account posted a copyrighted picture. This may sound farfetched, but the language of the law is sufficiently broad to allow for these kinds of abuses. Additionally, there is no guarantee that this power would be used evenhandedly. There is little to stop the government from targeting its political opponents for technical or even non-existent breaches of the law, claiming copyright violations while their true motivation is to silence political opponents or otherwise unpopular speech.

“While copyright infringement is wrong and should be prosecuted, legislation such as SOPA and the Senate version known as the PROTECT IP Act (PIPA) is clearly not the proper way to address this problem. As I have traveled across rural Arizona, many rural Arizonans – Republicans, Democrats, and Independents, have expressed grave concerns about the legislation. My phones rang off the hook today as Google, Wikipedia, Craigslist and other major websites participated in an organized campaign to inform people about the hazards of this bill.

“My colleague Paul Ryan (R-WI), Chairman of the House Budget Committee, said it best, recently stating that “The internet is one of the most magnificent expressions of freedom and free enterprise in history. It should stay that way. While the Stop Online Piracy Act attempts to address a legitimate problem, I believe it creates the precedent and possibility for undue regulation, censorship and legal abuse. I do not support (SOPA) in its current form and will oppose the legislation should it come before the full House.”

“I could not have said it better. The mere fact that we have a problem does not make every potential fix for it a good idea, far from it. It is critical Congress implements proper reforms to address this issue because once the expansion of this authority is given to the DOJ, it will be extremely difficult to get back. Our economic freedom and freedom of speech, fundamental constitutionally given rights, are too valuable to risk giving these sweeping powers to the federal government.

“Too many problems have been caused by professional, career politicians who think they know everything and don’t take into account potential, unintended consequences of well intentioned pieces of legislation. That is why I oppose SOPA and that is why I will fight against this misguided legislation and all other forms of federal overreach.”

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