I’m back, having gotten myself and my worldly possessions from southern California to northern Virginia. I also have a backlog of items that I’m never going to cover completely tonight, so some issues are going to wait until Monday. So please, check back Monday. There are things I’d love to cover tonight, but I simply lack the time.
Let’s start with Marsha Blackburn (R-TN) and Carolyn Maloney (D-NY) joining up to press Google to do something about the advertising of human trafficking services. Some people are going to have a knee-jerk reaction to this, call it a for-the-children threat to censor. But it’s not. The “child pornography” card gets pulled for all sorts of power grabs, but this isn’t about pictures on the Internet, either of real or made-up people. This is about the actual kidnapping and enslaving of people, including children. That is legitimate cause for action.
And note that Blackburn is would be perfectly happy for Google to do something about it, setting an industry standard, and end the need for government action of any kind. That’s commendable. Because you know what? Industry can act to emulate the effects of legislation and do so more effectively than government ever will.
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According to Darrell Issa, SOPA is officially postponed by House Judiciary Chairman Lamar Smith. Issa broke the news on Twitter, which only underscores how important it is that we protect the Internet from capricious censorship, as was the risk under a SOPA-like regime.
On the Senate side, Harry Reid has canceled the vote on PROTECT IP, killing momentum for the proposal in both houses of Congress.
Smith’s and Reid’s decisions come on the heels of disgraced former Senator and current MPAA head Chris Dodd calling for cross-industry discussions on property protection. It may have been the death blow for PROTECT IP and SOPA’s biggest industry supporter to start talking compromise, when in the past the Dodd MPAA had taken a hard line against any deviation from the bills.
In other SOPA news, Marsha Blackburn also announced a change of heart on SOPA. I agree with Blackburn’s new position: scrap SOPA and start with something new. Issa’s and Ron Wyden’s OPEN Act is also worthy of consideration.
Have some more SOPA. We still need to kill the bill and primary the offenders, after all. The bill by Lamar Smith (with strong support from Chris Dodd) is a real problem. Forbes says it relies on ignorance and fiction not facts, understanding, and reality. WordPress developers have come out against it, too.
Arguments continue over unlicensed spectrum. Look, I’m open to the argument that it’s useful, but if you really want it, legislate it. Don’t just give the runaway FCC the authority to do what it wants without Congress getting to say anything.
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I’m back. I ended up taking an extended Christmas break because well, I liked having a break, plus there wasn’t a whole lot going on anyway. But, back to work!
Lamar Smith and Chris Dodd still want to censor the Internet, by pushing the SOPA bill that we need to defeat. Why is it bad? Victims get no due process, ISPs have the burden of proof if government makes economically or technically unreasonable demands on them, and of course the largest reason of all is that it amounts to censoring the Internet without actually stopping foreign infringers of American copyrights.
Let’s make sure to watch the SOPA sponsor list. They must be primary targets this cycle if they don’t turn. I don’t care who they are. Marsha Blackburn is one of my favorite members, but Erick Erickson is right to call her out. This is a bad bill, a terrible bill.
Yes, the foreign leeches are annoying, but the problem is that SOPA doesn’t actually stop them. It attempts (poorly) to censor what Americans can see online. It doesn’t protect American property rights, but instead threatens them in an ostrich-like attempt to hide us from the rest of the world.
Activists are already at work. There’s also an alternative to SOPA that actually will work. The OPEN act promoted by Darrell Issa and Ron Wyden would use proven techniques for stopping foreign infringers; Apple uses it already against patent infringement. The ITC exists for a reason.
But, Chris Dodd’s MPAA and now the RIAA are demanding SOPA, not OPEN. They don’t care if the Internet is open; they think if they shut down the Internet in America that you’ll buy more CDs and DVDs. They want government to pick winners and losers, not just protect rights. OPEN protects rights. SOPA pits one industry against all others.
Kill the bill. Primary the offenders. For those of us thinking of focusing on races other than the Presidential race, that’d be a great project to work on.
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Nothing in this post shall be construed to impose a belief that Lamar Smith would round up every American into MPAA-run detention centers if Chris Dodd suggested it would be good for big business.
Does that sound like a stupid way to begin a post, and does it suggest that I’m about to say the opposite? Well, that’s how the Manager’s Amendment version of SOPA starts off, claiming that no matter what the bill says, it’s not a prior restraint on free speech.
Of course, restrictions of results provided by Internet Search Engines amount to just that: prior restraint of their free expression of future results. Google and others, under SOPA, are told what they can or can’t publish before they publish it.
Kill. The. Bill.
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Wednesday night I put off all Tech at Night topics except for SOPA because the critical mark up votes in Committee were coming up. We weren’t supposed to be able to stop SOPA, but we could at least raise awareness, put up a fight, and prepare for the floor votes. And sure enough, the vote to keep the Internet censorship provisions went in favor of censorship 22-11.
Well, it turns out, we managed to slow the process down. After we made our threats to start working on primary challenges over that 22-11 vote, Lamar Smith put off SOPA, halting the current process until next week at the earliest. Stay sharp, but feel good about this delay. The longer we delay, the more we can gain support for the OPEN Act instead of SOPA.
SOPA opponents Darrell Issa, Zoe Lofgren, Jared Polis, and Jason Chaffetz also deserve credit. Why yes, that list does include a Democrat. Just shows how wrong Lamar Smith is to side with disgraced former Senator Chris Dodd and the MPAA on this. Two men who between them have no clue how the Internet works.
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Ordinarily I use Tech at Night to cover a variety of topics that come my way, and I have them in my queue for tonight. But with over 30 items to consider and integrate, most of them on SOPA, I’m shelving the rest for Friday, and discussing just one topic tonight: We must defeat SOPA in the House. It is entirely unacceptable, and I believe worthy of primary challenges, for any Republican to back this bill. I’m going to make a list, and I’m going to make noise about this. I hope you do, too.
SOPA is the Stopping Online Piracy Act, the House’s counterpart to the Senate PROTECT IP act. SOPA contains a grab bag of provisions intended to stop copyright, trademark, and patent infringements abroad, but Title I of the bill is intolerable, fails to achieve its goals, and creates a massive power grab online for this man by applying unaccountable censorship and regulation to Americans on the Internet.
That’s right. Eric Holder has been dreaming of censoring the Internet since 1999, and House Republicans are thinking of giving him that power. At the time, the crisis that was the excuse for this censorship attempt was the murder plot at Columbine High School in Colorado. Now the excuse is that kiddies online are downloading Scary Movie 3, and buying fake hand bags. Give me a break.
Copyrights, trademarks, and patents matter. If we have a way to protect them from foreign attacks without overstepping our bounds, we should consider doing it. SOPA is not that way to do it. Watch any Republican who dares vote for this garbage, voting to put Hollywood over us, to give Eric Holder the power to bend over backward for Barack Obama’s Hollywood donors over the interests of everyone with a job created thanks to the Internet.
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Good evening. Care for your latest dose of regulation crushes innovation and competition? If you’re unhappy about the lack of innovation in America for mobile payments like they have in Japan, blame the Dodd-Frank bill. It prevented the wireless industry from getting together and making it happen. But we sure stuck it to the bankers, eh? Our faces are sure spited from cutting off our noses like that.
Of course, that doesn’t stop the Democrats from continuing to try to take power. If it’s not the PROTECT IP bill to institute national censorship of the Internet, it’s the continuing push to insert government with “cybersecurity” as the wedge. Never let a crisis go to waste. This time it’s the Playstation Network, but anything will do. This is the party that brought you the Clipper Chip designed to let the government spy on any encrypted data in America. When they say cybersecurity they mean their security, not yours or mine.
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