Congress is currently discussing two bills that have serious implications for the way people and companies in this country conduct business and network online. The bills causing the commotion are the “Stop Online Piracy Act” (SOPA) and the “Protect-IP Act” (PIPA). The creators of these bills claim that the legislation is aimed at foreign companies that break U.S. copyright laws. However if Congress passes SOPA and PIPA it will set a precedent for censorship of the world wide web. It will affect everything from the way companies use Twitter for business to the sharing of information on sites like Google, Bing, and Wikipedia. Everyone from the small-time marketing firm to the multinational corporation will be under close examination.
SOPA and PIPA would grant new power to the U.S. Department of Justice. The department would be tasked with seeking court orders against websites accused of enabling or facilitating copyright infringement. The legislation is dubiously vague and worrisome to a multiplicity of websites, businesses, and people. The initial lines of the SOPA bill read: “To promote prosperity, creativity, entrepreneurship, and innovation by combating the theft of U.S. property, and for other purposes.” It is these “other purposes” that are fueling alarm in America.
The omission of specificity in the SOPA and PIPA legislation implicates many things for the U.S. Department of Justice and the online community in Amerca. It means that the department can ban online advertising networks from conducting business with allegedly infringing websites, block search engines from linking to certain websites, and can demand that internet service providers block access to such sites. The Department of Justice will basically become an online police officer, moderator, and judge. The department will get to decide what characterizes infringement and which websites to punish. The ambiguous nature of the bills can lead to indiscriminate attacks and harassment against targeted companies, people, and websites.
The line separating innocent and guilty parties will be obscure. Someone who uses Twitter for business to release updates and information about their product or service could be hit with a lawsuit because someone else with similar products or services does not want competitors. Court battles over who is infringing upon who and what infringement means specifically will clog the judiciary and distract the Department of Justice from going after and prosecuting other criminals who pose physical dangers to people. A marketing firm contracted to promote an infringing website can be penalized or shut down even if the firm is unaware that its client is violating any laws.
The SOPA and PIPA sponsors are presumably well intentioned. There is a problem regulating and protecting copyright and property law on the internet that should be looked at. But Congress would be ill-advised to pass this legislation because it creates more problems than it solves. SOPA and PIPA will change the online atmosphere in this country from open and informative to censored and anxious. Congress should not oppress the Twitter for business people, the entrepreneurial marketing firm, local business leaders, media innovators, and the sharing of knowledge and information on the internet. To tackle online copyright infringement we need to have an open forum discussion like the one taking place online right now in opposition to SOPA and PIPA. The world wide web is a democratic institution that will break down if left to the enmity of special interest groups and lobbyists on Capitol Hill.
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