Why SOPA and PIPA aren’t such a big deal…

I’m sure over the past few months you’ll have been aware of the controversial SOPA and PIPA legislation festering in the American legal system, aimed at combating the theft of intellectual property/piracy over the internet. These acts are controversial in that they amount to little else than (or at least give legal provision for) overt internet censorship. I, however, have done some research: I think by the end of this blog you’ll agree it’s not such a big deal as our friends over the pond are making out…
As the Geography department say, it’s always important to define one’s terms. Therefore, as I had a Geography exam this morning, this is what I shall do. In a sentence-based nutshell (this could be fun…) the two acts want to censor certain domains suspected of being used for illicit activity from the public, cut off ad-revenue and force them into shutting down due to lack of traffic. Now that’s out of the way, I shall begin.
I need to make it clear that contrary to popular belief the USA does not own the internet. It was created by Sir Tim Berners-Lee (TimBL to friends…) and was given as a gift to the world as a whole as a platform with no restrictions placed upon it: the fact that nobody owns it is significant. Whilst the Americans portray the restrictions proposed by SOPA and PIPA as disastrously threatening to the future of the internet, they couldn’t have got it more wrong. If passed, the proposals will only affect people accessing the internet from within the US (edit: or sites based within the US) in the same way that internet censorship in China, or North Korea (they don’t really have the internet as we know it in the latter, but hey…) doesn’t have any impact on what the West is or isn’t allowed to see on the internet. SOPA and PIPA only permit the following actions to be taken against offending sites:
- Require U.S. sites and search engines to remove all links to the foreign site.2021
- Require U.S. advertising services to no longer serve ads linking to the site, or display ads (e.g. AdSense) on the foreign site.2223
- Require U.S. payment networks to cease any transactions between the foreign site and U.S. customers.2425
- Require U.S. service providers to block customer access to the foreign site (DNS blacklisting).
(Source: Reddit, 2012, http://goo.gl/TbKsY)
Yep, you spotted it too. It’s all focused around “The U.S.”.
There is absolutely nothing to stop sites such as the infamous PirateBay operating outside the US; all the proposed acts can do is block access from the US and stop any advertising from the US, or any cash coming from the US going to the site. Across the pond in England, all will remain well.
“But James” I hear you cry, “what if we want to access sites based within the US, such as Facebook and Google if they are taken down?” Don’t worry, I’ve found a solution to that too. The global internet megacorps would be extremely stupid to give up the ghost if their US operations are shut down, when the rest of the world is out there. Sure, the US makes up a large proportion of internet traffic, but there’s nothing to stop megacorps relocating to the “free” world beyond the US. Due to the demand for the product, Facebook and suchlike will simply move to Europe, if shoehorned out of the US: they’d be foolish to turn down advertising revenue from countries other than the US – our money’s as good as theirs! (Apart from currencies like the Zimbabwe dollar, and the Euro. Ouch…)
“Okay, so we’ve established it’s exclusively the US who will be affected by this legislation. What if it’s adopted over here?” I hear you ask. Well, feast your intellect on this… Back in 2011 (it seems so long ago already…) a case was presented to the European Court of Justice where someone wanted to do something similar to SOPA and PIPA, but far less extreme (rather than blocking entire infringing sites, the infringing content on these sites were the only thing that would be removed). The court commented:
“Such an injunction could potentially undermine freedom of information since that system might not distinguish adequately between unlawful content and lawful content with the result that its introduction could lead to the blocking of lawful communications,”
(Source: BBC News, 2011, http://goo.gl/s8A58)
So, in a nutshell, the European Court of Justice has blasted a watered-down SOPA/PIPA for Europe out of the water. Based on this legal precedent, I think it’s fair to say nothing like that will be coming into play in European countries any time soon.
So the bottom line is this: if you’re in the US and SOPA/PIPA is passed, then frankly, you’re royally screwed.
If you’re not, then all is well: we can laugh at how our ex-colony has shot itself in the foot, as we frequently love to do…
I hope this helps to shed light on what has become a common misconception over the past few weeks.
(Worth a read of the Reddit blog post if you’re interested by this, or don’t believe me… http://goo.gl/TbKsY)
—
JR.















