by Ben Johnson - Posted 12 years ago
What is SOPA and PIPA?
SOPA is the
acronym for Stop Online Piracy Act, the bill proposed in the House of Representatives
to (you guessed it) stop online piracy.
PIPA is the Protect Intellectual Property Act, the parallel bill
proposed in the Senate.
The legislation's main intent is to stop illegal copies of
films, music, or other media hosted on foreign servers.
The penalty proposed by the bills for anyone found guilty of
streaming copyrighted content without permission 10 or more times within six
months is five years in jail. (So 9 times in 6 months, or 10+ times over the
course of a year are ok, I guess.)
Sounds
pretty reasonable, doesn't it? But here is where it gets a little dicey.
What will SOPA / PIPA do?
The US government and rights holders would have the right to
seek court orders against any site accused of "enabling or
facilitating" piracy. This could theoretically involve an entire website
being shut down because it contains a link to a suspect site (YouTube come to
mind?).
US-based internet service providers, payment processors and
advertisers would be outlawed from doing business with alleged copyright
infringers. SOPA also calls for search engines to remove infringing sites from
their results - PIPA does not include this provision.
The bills would also outlaw sites from containing
information about how to access blocked sites.
The bills originally demanded that internet service
providers block users from being able to access suspect sites using a technique
called Domain Name System (DNS) blocking.
What could SOPA / PIPA mean for the
Internet?
This would effectively make them "disappear" from
the internet - and is a process already used in China and Iran. However,
after opponents claimed this could disrupt the internet's underlying
architecture, the chief sponsor of each bill agreed to ditch the measure.
Guilty
Until Proven Innocent
To protect sites against false claims of illegal activity SOPA
proposes penalizing copyright holders who knowingly misrepresent a site's
activity - however, PIPA does not contain this safeguard.
Both bills offer immunity to ISPs that block access to
websites if they have "credible evidence" that the third party's
pages contain unsanctioned copyright material. Critics claim this could create
a conflict of interest as it may encourage firms to block access to
competitors' sites.
It could also encourage firms to take a "safety
first" approach resulting in users being prevented from viewing legal
material. That sounds exactly like what our legal system is all about "“ guilty until
proven innocent. Right?
What is the current status of SOPA / PIPA?
SOPA's supporters are trying to reach consensus on the bill
before putting it to a vote in the House of Representatives, which suggests
that any vote may be some way off.
Senate majority leader Harry Reid plans to put PIPA up for a
vote in the upper house on January 24.
Supporters of
the bills include television networks, music publishers,
movie industry bodies, book publishers and manufacturers.
Critics
include Google, Facebook, Twitter, Wikipedia, Yahoo, eBay,
LinkedIn, AOL and Zynga.
A blackout by several major Internet companies, including
Wikipedia, is planned in protest of SOPA / PIPA for January 18.
Sources: BBC News http://www.bbc.co.uk/news/technology-16596577
Huffington Post http://www.huffingtonpost.com/2012/01/16/wikipedia-blackout-jimmy-wales-sopa_n_1208947.html