13 December 2011
How the US censors the world's internet, and the imminent law change which would make it far worse
Last week they backed down over a single site, dajaz1.com, a popular hip hop blog. They had mistakenly shut it down for over a year, denied all due process, and hid all the details. Despite their obvious lie that none of their seizures were being challenged, they had refused to respond to requests for basic information from dajaz1's lawyer for the entire time. Now that the domain is released, the RIAA continues to threaten dajaz1 with legal action, despite no evidence of wrongdoing, for daring to compete with their business.
This isn't just problematic for reasons of fair competition, due process, and free speech, but also for privacy, as ICE's method is also a means of internet surveillance.
Today the popular sharing website Megaupload announced it is suing Universal for taking down its content from YouTube - content that Universal has no rights to whatsoever. It is this kind of thing which causes thousands of videos to be wrongfully removed every day - YouTube's takedown policy is "shoot first, ask questions never". Usually the rightful uploader can't afford the legal fees, so it's nice to see rare instances like this where the issue gets a chance in court.
These examples from the last week are excellent demonstrations of situations which will be made far worse if US laws like SOPA and PIPA are passed. I previously blogged about PIPA, under which US citizens could get 6 years jail for uploading a video of themselves singing a copyrighted song. SOPA, an even more draconian law, is being debated in the House of Representatives on Thursday. Here's an infographic summary of SOPA, and another summarizing the legal battle. SOPA could destroy the internet - and my language is not too strong.
The imminent passing of SOPA is highlighting the doublethink of the White House on internet issues that I blogged about in August, and mainstream media is beginning to catch on to the duplicity.
While Chinese users appreciate the irony of SOPA, MPAA boss Chris Dodd actually asked, "If the Chinese censor the internet without a problem, why can't the US?".
Update 14 December: Amendments have been introduced that water down SOPA a bit - the jist of it remains, but it's not quite as insane. It now targets only non-US sites (since US sites can already be dealt with legally) - although for the end-user it's not at all obvious whether a site is foreign or not, and US sites will still be required to self-censor references to those foreign sites. Breaking the internet's DNS system is no longer required, but optional. Also,
Under the amended plan, which was released late Monday, a judge would have to order ad networks to stop doing business with a site “dedicated” to infringing activities. Under the original proposal, a rights holder could make those demands on an ad network or payment processor and effectively kill off the site.
The amendment, however, still gives legal immunity to financial institutions and ad networks that choose to boycott "rogue" sites."
And there are other reasons it's still a very bad law.
Update 10 January 2012:
- The controversy over SOPA has been almost completely ignored by the US TV networks. Not surprising as they all enthusiastically support the bill, and more public attention is unlikely to help their cause. Since October 1, there has only been a single segment covering the issue, by CNN (which did not disclose its parent company Time Warner's support for the bill). Surely this will change as SOPA is becoming an election issue.
- Every member of congress has received more campaign money from supporters than from opposers, usually significantly more (10-70 times as much). So far, supporters have given $92m and opposers $7m. Despite the fact that the opposing internet companies make far more in profits than the big media companies driving the bill.
