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Law Professors On SOPA and PIPA: Don't Break the Internet

An anonymous reader writes "Law professors Mark Lemley, David S. Levine, and David G. Post have just published a piece on the PROTECT IP Act and the Stop Online Piracy Act. In Don't Break the Internet, they argue that the two bills — intended to counter online copyright and trademark infringement — 'share an underlying approach and an enforcement philosophy that pose grave constitutional problems and that could have potentially disastrous consequences for the stability and security of the Internet's addressing system, for the principle of interconnectivity that has helped drive the Internet's extraordinary growth, and for free expression.' They write, 'These bills, and the enforcement philosophy that underlies them, represent a dramatic retreat from this country's tradition of leadership in supporting the free exchange of information and ideas on the Internet. At a time when many foreign governments have dramatically stepped up their efforts to censor Internet communications, these bills would incorporate into U.S. law a principle more closely associated with those repressive regimes: a right to insist on the removal of content from the global Internet, regardless of where it may have originated or be located, in service of the exigencies of domestic law.'"

19 of 283 comments (clear)

  1. Lawyers, Judges, Representatives, Senators, ... by Fireking300 · · Score: 5, Insightful

    When is the public going to actually get the opinion from a Network expert and not people that deal with law?

    1. Re:Lawyers, Judges, Representatives, Senators, ... by sconeu · · Score: 5, Insightful

      They do get such opinions. From the following Networks:

      CBS, NBC, ABC, etc...

      Unfortunately, that's what Congress considers to be Network experts.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    2. Re:Lawyers, Judges, Representatives, Senators, ... by Spad · · Score: 5, Insightful

      If the proponents of this moronic legislation have said (paraphrasing only slightly) "I don't even pretend to understand the technicalities of this law or the arguments against it, but I'm supporting it fully, regardless" then I don't think any opinion from any group is going to help things very much. As depressing as it sounds, I honestly do not believe that there is anything that "the people" can do that will make the slightest difference to whether or not these laws are passed, there's just too much money at stake.

      Suggestions on how to fix this, such as this one are all well and good, but they require a massive, sustained public effort over a long time, which will be blocked at every opportunity by the existing lobbyists with a vested interest in the status quo.

    3. Re:Lawyers, Judges, Representatives, Senators, ... by justdiver · · Score: 5, Informative

      They've been weighing in this whole time... http://www.washingtonpost.com/blogs/post-tech/post/top-internet-engineers-warn-against-sopa/2011/12/15/gIQAGRV4vO_blog.html Perhaps you were reading the wrong articles? To quote from the linked article: "Vint Cerf of Google, domain name system software author Paul Vixie and Internet routing engineer Tony Li were among 83 high-profile engineers who signed an open letter to Congress in opposition to the House Stop Online Privacy Act and Senate Protect Intellectual Property Act."

    4. Re:Lawyers, Judges, Representatives, Senators, ... by betterunixthanunix · · Score: 5, Insightful

      If just 5% of the American public wanted to overthrow the government, an armed revolution would be possible. You do not need overwhelming support, you need enough angry people with guns.

      The problem is that less than 0.05% of the public cares about SOPA or PIPA. Most people just want to watch The Jersey Shore, football, etc., and then post about it on Facebook. They will not overthrow the government as long as they can still get their cheap entertainment. They will not even get their magazines and clips loaded.

      --
      Palm trees and 8
    5. Re:Lawyers, Judges, Representatives, Senators, ... by Anonymous Coward · · Score: 5, Informative

      Geez, you really haven't been paying much attention, have you?

      An Open Letter From Internet Engineers to the U.S. Congress

      Today, a group of 83 prominent Internet inventors and engineers sent an open letter to members of the United States Congress, stating their opposition to the SOPA and PIPA Internet blacklist bills that are under consideration in the House and Senate respectively.

      Blacklisting Provisions Remain in Stop Online Piracy Act

      Rep. Darrell Issa (R-California) urged panelists to remove the DNS and firewall aspects of the bill.

      Rep. Mel Watt (D-North Carolina) said he was not a technological “nerd,” but said he did not “believe” security experts who said that the internet would become less secure unless Issa’s amendment was adopted. “I’m not a person to argue about the technology of this,” Watt said before he voted against the amendment. Issa’s amendment failed 22-12.

      Congressional SOPA hearings: no opponents of the bill allowed
      Nov. 15

      As the House of Representatives opens hearings on SOPA, the worst piece of Internet legislation in American history, it has rejected all submissions and testimony from public interest groups and others who oppose the bill.

              Irony Alert: The House is holding hearings on sweeping Internet censorship legislation this week -- and it's censoring the opposition! The bill is backed by Hollywood, Big Pharma, and the Chamber of Commerce, and all of them are going to get to testify at the hearing.

              But the bill's opponents -- tech companies, free speech and human rights activists, and hundreds of thousands of Internet users -- won't have a voice.

      There is plenty of commentary by tech people out there on the detrimental effects to the internet by SOPA and PRO-IP. Just fucking google it.

    6. Re:Lawyers, Judges, Representatives, Senators, ... by CanHasDIY · · Score: 5, Insightful

      You have guns. They have professional killers with precision attack drones. The possibility of armed revolution just isn't realistic any more. It'd need overwhelming public support, and that isn't coming in the age of television.

      "Give the people contests they win by remembering the words to more popular songs or the names of state capitals or how much corn Iowa grew last year. Cram them full of non-combustible data, chock them so damned full of 'facts' they feel stuffed, but absolutely 'brilliant' with information. Then they'll feel they're thinking, they'll get a sense of motion without moving. And they'll be happy, because facts of that sort don't change. Don't give them any slippery stuff like philosophy or sociology to tie things up with. That way lies melancholy." - Fahrenheit 451

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    7. Re:Lawyers, Judges, Representatives, Senators, ... by NeutronCowboy · · Score: 5, Insightful

      Here's the problem with the current situation: it's not that the people for this travesty (and it truly is one) are merely misguided and mistaken. They fully understand that the current legislation will break the Internet, because that is their goal. Let me repeat that, just for emphasis: these senators and representatives fully intend on breaking the Internet and turning it into cable TV.

      Why? Isn't the Internet this awesome engine of growth, revolutionizing communications across the world? Yes, but that's not the part that matters. What matters is who makes money off of it, and who screams the loudest.And the people who scream the loudest and who are the most impacted by the Internet are all the old media and power structures. The Internet is their guillotine, and they will do everything they can do stay alive. The easiest way to do this is to influence, subtly or less so, the legislators who ultimately are in charge of how things work in this world.

      That's why you hear statements like "I don't understand the technical details, and I don't care". These people truly do not care that they are breaking the Internet, because that is their goal. That's why arguing that the internet will be broken by SOPA and PROTECT IP is a complete waste of time. You want to talk to these legislators? Either pull out bigger donating and campaigning guns than the old media elite, or pull out arguments that counter the ones from the old media: that the current Internet is destroying value, destroying content makers' ability to make money, etc.

      --
      Those who can, do. Those who can't, sue.
    8. Re:Lawyers, Judges, Representatives, Senators, ... by dgatwood · · Score: 5, Interesting

      You've got it half right. What we need are the Facebooks and Googles of the world to work together for the common good.

      All it would take is one ad campaign in which the first time each U.S. user logged into Facebook on a particular day, they would initially see a bleak, grey-looking Facebook. Every YouTube video on their site, every photo, and every link to every website would be replaced with the words "This content has been removed due to a copyright claim." Superimposed across the top of the screen in large letters would be the words, "If SOPA and PIPA pass, this is what Facebook will look like." Below that would be two links: "Tell me more" and "I don't care about freedom on the Internet. Just take me to Facebook." Either button would reset Facebook to normalcy, but the first button would take you to a Facebook page explaining the laws and why they are bad. At the bottom of the page would be links to email forms for the appropriate congresspeople based on the user's current address.

      The key, however, is to do this not just for Facebook, but also for Google image searches, YouTube searches, etc. Every high profile site that is involve in video sharing has to do it on the same day. Such an ad campaign only has to happen once and I can pretty much guarantee that SOPA and PIPA would be buried for years. The hard part is convincing Facebook and Google to work together to put together such an ad campaign and stick their necks out that far in the interest of protecting their users. It's possible, but I'm not holding my breath.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

  2. I wish Senators/Representatives read Slashdot by MetalliQaZ · · Score: 5, Insightful

    I am heartened by the overwhelming list of experts and public figures who have come out against these bills. However I can't help but feel that the Senators and Representatives who are debating it will never know. Slashdot's catalog of evidence against SOPA and PROTECTIP may as well be invisible to them. These people are trying to regulate something like the Internet but could never be found in a place where real experts have these discussions. How frustrating.

    --
    "Here Lies Philip J. Fry, named for his uncle, to carry on his spirit"
  3. Let me explain something by tkrotchko · · Score: 5, Insightful

    From the viewpoint of the people proposing and supporting the law, if it breaks the Internet, too bad.

    In their view, nothing is more important than the principle of them controlling their copyrights. If it takes the destruction of the Internet, so be it.

    I imagine if buggy whip manufacturers would have had a better lobby 100+ years ago, they would have lobbied for laws that would have forced motorists to always keep a buggy whip in their car.

    Well ladies and gentlemen, record, film, game, and software companies do have better lobbyist. And they're not afraid to use them.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
    1. Re:Let me explain something by Totenglocke · · Score: 5, Insightful

      And the sad part is, refusing to buy their products doesn't help because then they just use that as "evidence" of piracy and thus proof of why the government needs to start stealing your money and giving it to them.

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
  4. Quelle surprise by TrumpetPower! · · Score: 5, Insightful

    The proponents of these bills consider the breaking of the 'Net a feature, not a bug. They won't be happy until it's been reduce to nothing more than pay-per-view TV v2.0.

    Cheers,

    b&

    --
    All but God can prove this sentence true.
  5. Is it just me... by mrquagmire · · Score: 5, Insightful

    Or does it really seem like our country is going straight down the toilet at an accelerating rate? I mean I know I've only been alive for so long and I've only been paying attention to this stuff for a shorter period of time, but the events that occurred over the course of the last decade (and especially the last few years) combined with the policies that have been set up over the last 30 years or so is really starting to make me think we're in serious trouble. I mean real. serious. trouble.

    Am I way off? Has our country been in a situation like this before where all the powers-that-be seem to be working together for their benefit, at the expense of everyone else's freedoms, liberties, and way of life?

    Please tell me I'm wrong...

    --
    giggity
    1. Re:Is it just me... by mellon · · Score: 5, Insightful

      Yes, our country has been in this situation before. Regulatory capture is a well-known problem. Read up on Teddy Roosevelt and the trust-busters. Read up on the robber barons. Read up on social darwinism. Read up on the suppression of the communist party in the 1930s (whether or not you think communism is bad, the way the communist party was suppressed was definitely anti-American). Read up on McCarthyism. Then read up on the Pullman Strike, and Hoovervilles, and the New Deal, and the civil rights movement.

      The pendulum swings back and forth. I wish it would just stay on "social justice,' but it doesn't, because people get complacent and let things decay until they get bad enough that they feel like they have to do something. This is that time. People feel like they have to do something now. Don't be without hope. Stop thinking you are powerless. Stop trying to hit me, and hit me. Er, sorry, that just slipped out.

  6. The Internet vs. Cable TV by betterunixthanunix · · Score: 5, Insightful

    The whole point is to break the Internet! The mainstream media hates the Internet, because people can be more than just passive consumers of entertainment and products. SOPA and PIPA are just one more step in a long chain of attacks on the philosophy that underlies the very architecture of the Internet.

    For the past few years, the RIAA and MPAA have been working hard to undermine and destroy peer-to-peer networking on the Internet, because it does not fit into the distribution model they are comfortable with. In the view of the mainstream media, the corporations and the politicians that support them, people are supposed to pay for things, and they are not supposed to assist in the distribution chain unless they are being paid to do so. The idea that computing resources or communication resources can be shared is antithetical to the old media barons, because they want to be the center of the universal. To them, distribution costs are paid for by copyright holders, who recoup those costs by selling copies of entertainment in its various forms.

    What they want, in other words, is the Cable TV system. They like the way that cable works -- a relatively small number of head ends that distribute the entertainment, which can easily be policed for violations. Set-top boxes are designed to prevent users from stepping outside the bounds of what the copyright holders demand. Restrictions on distribution can be negotiated with a small number of entities that control the entire network.

    They want to break the Internet, so that they can rebuild it. They want a star architecture for the network. They want to routers that block access to "rogue websites." DRM was pioneered by Cable TV and its cousin, satellite (see: HBO). They want the same thing to happen on the Internet, which means they need to recreate the entire network to better suit that purpose.

    --
    Palm trees and 8
  7. SCOTUS by stevegee58 · · Score: 5, Insightful

    Like other unconstitutional laws, if either of these pass they'll simply be challenged immediately in Federal courts.
    If anyone like RIAA wants to be dicks about it, it'll go to the Supreme Court and be defeated there.

  8. Re:This will not pass... by Andy+Dodd · · Score: 5, Informative

    1) It's unfortunately looking very likely these will pass.
    2) Death warrant or not, you have to follow the law
    3) If it passes, the article points out some good legal challenges that will likely cause the act to be struck down by the Supreme Court as unconstitutional.

    --
    retrorocket.o not found, launch anyway?
  9. Re:Oh shocking by clonehappy · · Score: 5, Insightful

    If you'll excuse me, I'm gonna go think about where I want to live instead in 5-10 years.

    The only problem being that, if you follow the money, most first and second world countries are under the control of the same tyrannical forces. See the IMF, World Bank, and other related cretins. Do you really want to live in Iran or some third-world banana republic?

    Unfortunately, this time the tyranny is a worldwide occupation. So you might as well just go all in and stand up on the side of freedom and liberty now, for tomorrow it will be too late.