Mozilla

PIPA/SOPA and Why You Should Care

January 17th, 2012

Congress is considering the most talked-about copyright legislation in a decade, known as Protect IP (PIPA) in the Senate and Stop Online Piracy (SOPA) in the House. Today, Mozilla announced that we’ll join with other sites in a virtual strike to protest PIPA/SOPA.

SOPA makes all of us potential criminals if we don’t become the enforcement arm of a new government regulatory and policing structure. SOPA does not target websites serving up unauthorized content. SOPA does not target people accessing those websites. SOPA targets all the rest of us. These costs are significant, wide-ranging and long lasting. To understand more clearly what SOPA does and the range of consequences, it’s helpful to use an analogy from the physical world where we all have many years of experience.

Assume there’s a corner store in your neighborhood that rents movies. But the movie industry believes that some or even all of the videos in that store are unauthorized copies, so that they’re not being paid when people watch their movies. What should be done?

SOPA/PIPA don’t aim at the people trying to get to the store. SOPA/ PIPA don’t penalize or regulate the store itself. SOPA and PIPA penalize us if we don’t block the people trying to get to the store.

The solution under the proposed bills is to make it as difficult as possible to find or interact with the store. Maps showing the location of the store must be changed to hide it(1). The road to the store must be blocked off so that it’s difficult to physically get to there(2). Directory services must unlist the store’s phone number and address(3). Credit card companies(4) would have to cease providing services to the store. Local newspapers would no longer be allowed to place ads for the video store(5). And to make sure it all happens, any person or organization who doesn’t do this is subject to penalties(6). Even publishing a newsletter that tells people where the store is would be prohibited by this legislation(7).

This is what SOPA and PIPA would impose in the online world. It’s very different than targeting the owner of the video store directly. The obligations to make websites hard to find apply to all citizens and businesses. Each one of us is subject to punishment and fines if we don’t follow these prohibitions. And, because SOPA/PIPA create a new regulatory structure, we become subject to punishment without the due process protections citizens normally enjoy.

Supporters say they are only targeting foreign websites outside US jurisdiction. However the burden of compliance that falls on all of us is not any less because the website servers are elsewhere. And in any case, many US companies with be affected through their locally-identified sites (for example, amazon.co.uk.)

Despite their over-reaching nature, PIPA and SOPA may not even be effective at stopping online piracy. People can still enter the actual Internet Protocol address of a blocked domain name. Sites can register new domain names. Continuously sanitizing the Internet of any mention or link to bad sites is a like the infamous game of “whack-a-mole.”

SOPA and PIPA are dangerous.  So, what to do?

Legislatively:

  • Reject SOPA / PIPA soundly.
  • Congress must not adopt the SOPA position of protecting content AT ALL COSTS. Congress must represent all of us.
  • Focus specifically on the holes in today’s enforcement tools. Why are thePirateBay.ORG or MegaUpload.COM still operating? Why aren’t they part of the definition of “foreign site” in SOPA/PIPA?
  • Be very, very cautious about creating new liability because we’re unwilling to punish the people accessing unauthorized content

Philosophically:
Over time, developments in two areas are likely to make this issue recede dramatically. One will be the development of new business models that embrace technology, and consumer expectations of universal access. The second will be new technology that makes it easier for content owners to limit access. Content owners can decide if they want unlimited audiences and alternative revenue sources, of if they want potentially limited audiences and a pay-for-view revenue model. Today we are fighting over what to do in the meantime. The content industry has convinced many that “something must be done.” Even if one agrees with this (which many do not), one thing is clear.

Protecting content at all costs is a disaster.

Footnotes
(1) This is the phyical world equivalent of blocking DNS, which is required by SOPA. 112 HR 3261 Title I, Sec 102 c 2 A i (pp 14, ln 1)
(2) This is the physical world analogy for ISPs obligation to “prevent access” to suspected infringing sites. 112 HR 3261 Title I, Sec 102 c 2 A i (pp 14, ln 1) says that “A service provider shall take technically feasible and reasonable measures designed to prevent access by its subscribers located within the United States to the foreign infringing site.”
(3) Removing the video store from the phone book is analogous to preventing any search engines from showing links to a suspected infringing site, which is required under 112 HR 3261 Title I, Sec 102 c 2 B (pp 15, ln 17).
(4) SOPA requires that payment processors stop sanding payments to the accounts of suspected infringing sites. 112 HR 3261 Title I, Sec 102 c 2 C i (pp 16, ln 3)
(5) Advertisers are not allowed to show ads on suspected infringing sites, to show ads for suspected infringing sites in other places, or to pay for ads that have already been served. 112 HR 3261 Title I, Sec 102 c 2 D (pp 17, ln 5).
(6) SOPA allows the Attorney General (under 112 HR 3261 Title I, Sec 102 c 4 A (pp 18, ln 23) or a private party who thinks they’ve been harmed (112 HR 3261 Title I, Sec 103 c 4 (pp 42, ln 3) ) to pursue damages from anyone who doesn’t follow these rules, and doesn’t place a limit on the amount of any damages that could be assessed.
(7) “Circumvention tools” — anything that tells you where a site is, even after it’s been removed from the DNS (the Internet’s “map”) are prohibited by 112 HR 3261 Title I, Sec 102 c 4 A ii (pp 19, ln 8 )

 

119 comments for “PIPA/SOPA and Why You Should Care”

  1. 1

    zack said on January 18th, 2012 at 9:23 am:

    iv only known about this for half of a year, it isn’t anything new… but it is an annoyance. the government doesn’t want “takeovers” they want massive censorship, like the FCC in that episode of family guy. realistically they want you to have to ask to do the smallest of actions, this wouldn’t be an issue if the company’s that benefit were not paying to have it written.

  2. 2

    Pingback from Wikipedia down - Page 2

    […] legislation would do, I recommend reading the blog that Mozilla's chairwoman wrote on the subject PIPA/SOPA and Why You Should Care | Mitchell's Blog It has a practical example, and demonstrates the insidious nature of this legislation. […]

  3. 3

    nyan kitteh said on January 18th, 2012 at 9:34 am:

    @ coment #49, so democrats support evil? and homosexuality is evil? and religions have not caused over 50 percent of the wars so far? driving drunk is stupid. and why do the republicans say unions are evil? is it maybeh because there good for the WORKERS not the large COMPANYS? have you read the patriot act? and you say your not foolish? im not a democrat, or a republican. to me you seem like the kind of person who should be thrown out of this country with others of your kind (peta,wbc,etc) …

  4. 4

    cypher said on January 18th, 2012 at 9:37 am:

    i strongly believe that wrongs are being wronged on both sides here one most people that claim to stand against this are accually the pirates this bill was ment to get rid of i also really dont care about the internet being dark if worse comes to worse the few smart ones of us will revert to bulletin board systems again this bill never really did have any chance of passing but even if it did the thing that pisses me off is the fact that the governtment is accually being leveraged by big mony cororations which is the highest of problems we have to worry about right now so please ban together and fight fight fight this bill with everything we have

  5. 5

    zack said on January 18th, 2012 at 9:37 am:

    @ 55 lol, @49 no need to comment the “nyan ketteh” prety much covered it ^_^

  6. 6

    jena rajendra said on January 18th, 2012 at 9:43 am:

    people’s will is greatest power. it should be respected by all nation, why unnecessary load demand on people. I am with Mozilla. access right is our legal right,no one deprive us from this right.
    Mitchell baker ” all internet user with you carry on your fight”

  7. 7

    Pingback from How the SOPA Day of Protests Played Out

    […] is via a link. The chairwoman of Mozilla Mitchell Baker has issued a statement regarding the stance on her blog, as has the company’s CEO Gary […]

  8. 8

    Carlos E. Rangel said on January 18th, 2012 at 10:11 am:

    The proposed governmental censorship of the Web would greatly harm the economy, because it would have the effect of obstructing and reducing business sales and transactions over the net; and this is the last thing the U.S. and the world need at the present time.

  9. 9

    Mary Ann Groves said on January 18th, 2012 at 10:22 am:

    They need to keep their noses out of the publics business. Before you know it they will be setting our bedtime, and tell us when we can go to the bathroom.

    Mainly though would sure hamper the way a lot of individuals, and companies in this world do business on a daily basis.

    I say leave things like they are. We are a free country(?) not a communist country.

  10. 10

    apotheon said on January 18th, 2012 at 10:32 am:

    Honestly, this bickering over whether it’s the Democrats or the Republicans who are evil is ridiculous. You should all be deprived your after-nap cookies and sent to separate corners for a time-out. The people operating in government under both labels, Democrat and Republican, are pretty much all a bunch of corrupt, power-made liars. The difference is not that one is evil and the other is not, and the broadly bipartisan efforts to pass the PROTECT IP Act and SOPA should be a pretty good indicator, as were the broadly bipartisan efforts to pass the USA PATRIOT Act, the Military Commissions Act, the NDAA, and the various bailout bills that “stimulated” the economy by proppting up the very corporate decision makers who caused our recent economic hardship. The vast majority of politicians are lying to you, taking bribes, behaving hypocritically, anti-business, anti-worker, and anti-freedom, all at once. The label means nothing; it is a wedge used to separate the voters into warring classes who will never realize they don’t have to vote for Reptile D or Reptile R; they could vote for a human being instead.

  11. 11

    Keith Brown said on January 18th, 2012 at 10:45 am:

    Please stop with the communism acts, pretty soon we’ll be like China. That is what it is coming to they already tell what where and when we can do things that they shouldn’t. Giving the government the ability to pass this law is absurd. Keep them OUT of our business!!!!!!!
    Thank You,
    Keith J Brown

  12. 12

    Pingback from SOPA and “The Great Firewall of America:” what it is and how to kill it « o p e n m a t t

    […] PIPA/SOPA and Why You Should Care — Mozilla’s Chief Lizard Wrangler, Mitchell Baker […]

  13. 13

    Peter said on January 18th, 2012 at 10:56 am:

    “The obligations to *make” (“make”, not “made”)

  14. 14

    Lisa said on January 18th, 2012 at 10:56 am:

    This legislation is about protecting narrow interests, not the broader one, the common good! And isn’t our US government already overburdened? Out-dated computers, bankrupt postal service, the list goes on and on … perhaps they could not afford to truly enforce these laws if they were passed because their IT infrastructure is said to be outdated (surprise, surprise). It would be enforced capriciously, at very least … it is hard to say how sinister this would be unless it were enacted in which case it might be too late to rescind it. A can of worms, a Pandora’s box … an unknown trick bag we dare not open.

  15. 15

    Lisa said on January 18th, 2012 at 10:58 am:

    Furthermore, who wants to be in the same league with China and other oppressive countries? Least of all us, the supposed bastion of freedom!0

  16. 16

    James Anderson said on January 18th, 2012 at 11:00 am:

    I agree with one of your commenter that a list of objectors should be made and delivered to a body of worth. This is too limited. What I mean is, I generally don’t read emails like this, but I heard on the news, last night, that Wikepedia was going on strike. Had I not heard that I would surely not have opened this email. It would also have been nice to give those who may not want to take the extra step of finding the web addresses of their Senetors and Congressmen a list of who they are and how to contact them for comment for each state so they could email them.
    Thank you for taking the time, nonetheless, of doing this. It is an outrage that such thinking is even allowed. Their grandchildren and generations after will live in shame.

  17. 17

    Rhonda Red-Bear said on January 18th, 2012 at 11:11 am:

    Please keep our freedom.

  18. 18

    Pingback from DU Pirate Party » SOPA and Stuff

    […] Here’s a little article to explain the bills […]

  19. 19

    Pingback from SOPA-PIPA IN THE REAL WORLD « SF Blogging

    […] (Portions taken from Mozilla Chairwoman Michelle Baker’s letter on SOPA) […]

  20. 20

    Richard O. Sais said on January 18th, 2012 at 11:44 am:

    Moszila.com Go for it! I support you!!

  21. 21

    Austin Hoffman said on January 18th, 2012 at 11:57 am:

    This is just terrible….SOPA is the equivalent of curing a headache with a guillotine. It may stop piracy, but it would shut down our economy and unconstitutionally erode our most basic freedoms in the process.

    I just hope that everyone realizes how important this is and does their part to save the internet & our economy! …here is another good video that explains the consequences of SOPA pretty well:
    http://www.peeje.com/peeje-goes-strike-stop-web-censorship-bills-congress-209/

    1,000s of more websites have joined the force and went dark today, we need EVERYONES help!!!!

  22. 22

    sameralkutta said on January 18th, 2012 at 12:15 pm:

    indispensable to sopa should care does need to some of the time you know even what is
    characterized to tempers the people about this topics does scarab them taking the good chance
    arriving even what they wanting know begin for publisize each what you know on the style or
    the modern programs does whom for emanation on the internet and was even as information
    wanting the person loading in his mind.

  23. 23

    Kerry Strange said on January 18th, 2012 at 12:31 pm:

    Most of the things I look for on the web are woodworking sites. Knowing our government, I can only imagine an innocent site like that would be censored. Or, perhaps my online banking???? I think congress needs a complete overhaul with all new folks.

    Can someone explain the premise behind such thinking?

  24. 24

    stevy weavy said on January 18th, 2012 at 1:09 pm:

    Roll over and take it. there is nothing anyone can do. don’t think your vote has any impact once the few have made up their minds. thinning the herd is most likely next

  25. 25

    paul said on January 18th, 2012 at 1:24 pm:

    the only thing that the nwo understands is death do unto them as they do unto you ,
    learn the ways of the snake and you will see how to defeat your adversary’s that is the only way to accomplish freedom put the snakes to sleep forever

  26. 26

    Sandra Levine said on January 18th, 2012 at 1:38 pm:

    Please do not sensor the internet. We need freedom of speech!
    God bless America!!

  27. 27

    John Vassaw said on January 18th, 2012 at 2:03 pm:

    How much more government control of this administration before people wake up. It’s time to end this constant attack against our freedom as given in the Bill of Rights and Constitution of the United States, written by the Founding Fathers of our country. GOD BLESS AMERICA!!!

  28. 28

    JM said on January 18th, 2012 at 3:12 pm:

    so the problem is unknown people from countries outside the usa are creating fake websites, the way fake credit cards are created or fake currency is created. why can’t authentic websites have a hologram like on credit cards or watermark like on authentic currency? i think yahoo mail has this approach, making your own watermark.

  29. 29

    JM said on January 18th, 2012 at 3:25 pm:

    think about all the things that are duplicates and not the real thing,
    art, antique furniture, credit cards, currency, jewelry etc. how do people within these fields authenticate the real thing? often a lab test is done to authenticate something.

    so why can’t a software be developed to authenticate a real website and block a fake website? the software tests the website to see how authentic it is. maybe it looks for a watermark, a unique signature like in artwork done by a unique handwriting, it tests the age of the website like in art to determine its creation date perhaps websites register their creation date and this software will verify that date, in jewelery the gem is often observed under a microscope, looking for unique patterns why can’t there be unique underlying patterns done to the graphic design of the website, so why can’t software behave the same way as a microscope or lab test? to test and examine which websites are authentic and then let the end user know and then block the bad site.

    why can’t the software community come together and put out a product that will help stop fake websites from being made or accessed.

  30. 30

    JM said on January 18th, 2012 at 3:29 pm:

    in addition to above, create this product and present it to congress, say we have a new software that can help put a stop to this problem..sell the software and congress will feel happy that americans are spending their money on something useful to keep the economy going.

  31. 31

    Guero Nunez said on January 18th, 2012 at 3:35 pm:

    I am in agreement we need to keep this resource free of political/corporate ajendas, so I have already contacted my represenatives.

  32. 32

    vin said on January 18th, 2012 at 4:13 pm:

    stop it

  33. 33

    Pingback from Defeating SOPA and PIPA Isn’t Enough | GeekFreak

    […] “stop” Internet piracy… in the most hamfisted way imaginable. As Mitchell Baker explains: Assume there’s a corner store in your neighborhood that rents movies. But the movie […]

  34. 34

    Daryl said on January 18th, 2012 at 4:17 pm:

    This is more about those in power behind the scenes, the Government are just puppets. I am GEN X and have always paid to go to the cinema to watch a movie or gone and hired it at a video shop, same with my music I buy the CD and listen in my car on the way to work , not to loud or I could get violate public broadcast laws??? If this bill passes I will no longer support those in the media by purchasing CD’s or movies bought or hired, I’ll find some other form of entertainment.

    They can have the power, just not my money anymore.

    To the minority around the world that consider piracy a way of life, thanks very much, to the minority that want these laws passed you will be affected personally as well. All a democracy is about is voting for who tells us what to do and controls our lives.

  35. 35

    Echsentrik said on January 18th, 2012 at 4:30 pm:

    First and foremost, I am a creative. I believe firmly in my right and ability to protect my intellectual property as I would my physical property. The things that I create are how I make a living. It is MY job to protect MY property. I can require assistance from law enforcement should my property be illegally taken from me to help recover my property, but ultimately it’s my responsibility to make sure that what I create is being properly distributed and shared whether it be in the real-world or in this virtual world.

    I do, however, understand and agree with many of the points made by Mozilla, Google, Wikipedia and other sites who are actively protesting this legislation. I do believe in a free internet, where content is not monitored, flagged, and or otherwise removed because [they] possibly could be guilty of piracy, or aiding with piracy. But why ultimately penalize the public for the very specific cases of blatant misuse of media? It does appear that there is a lack of due process – it reads to me a bit “guilty before proven innocent,” but the damage is already done.

    The idea of the Internet and the web is in sharing content, however, content must be shared responsibly. There are other ways to tackle this issue, and the solution needs to involve industry professionals, business owners from all industries big and small and John Q. Public, not solely a room full of lawmakers who are often out of touch with what is actually happening outside of chambers. (Ref: banking failures, bail-outs and CARD Act legislation – and how these did not particularly help the public, though well-intended).

    Also, @Berillaz: Please edit your post for correct spelling, word usage and grammar before you generally call people “ignorant.” I think you could make your point far more effectively if you took a minute to make sure what you wrote reads intelligibly.

  36. 36

    P M Ravindran said on January 18th, 2012 at 5:09 pm:

    I am from India and I am with the freedom fighters. May your tribe increase!

  37. 37

    Bobbie J. Burgans said on January 18th, 2012 at 5:47 pm:

    This is just another nail in the coffin of the freedoms enjoyed in the United States today. Another method designed to bury the constitutional rights of all American citizens by stomping on the right to communicate freely and without restrictions imposed by the government, except when it impinges on someone else’s rights. Sad to say unless something is done in 2012 to change our governmental leaders, this type of regulation will continue; sooner or later forcing the NATURAL-BORN CITIZENS AND NATURALIZED CITIZENS in the USA to rise up and say ENOUGH!!! THIS IS NOT WHAT THIS COUNTRY IS BASED UPON. WE FLED THE TYRANNY IMPOSED UPON OUR FREEDOMS AND CAME TO THIS LAND AND ESTABLISHED A COUNTRY WITH A “BILL OF RIGHTS” AND A “CONSTITUTION” GUARANTEEING THOSE RIGHTS. THIS HAS STOOD FOR TWO HUNDRED PLUS YEARS UNTIL THE ELECTIONS IN 2008. NOW WE ARE FORBIDDEN TO TEACH RELIGION OR PRACTICE IT IN OUR SCHOOLS AND PUBLIC PLACES, UNDER THREAT OF FINE OR INCARCERATION. WE STILL HAVE OUR CHURCHES AND THE ABILITY TO PRACTICE OUR RELIGION WHILE IN OUR CHURCHES, BUT THE MUSLIM MOVEMENT IS BEING PUSHED UPON US MORE AND MORE, SO HOW LONG WILL OUR FREEDOM TO WORSHIP “AS WE PLEASE” REMAIN. This new legislation is an attempt to get a foothold in another freedom we have; Freedom of the Press and other methods of communication. Don’t let it happen! Stand up to them with your votes now and in the upcoming elections. Write your Senators and Representatives and let them know we are not going to stand for this anymore. No more secret meetings! No more secret bills passing without the peoples’ vote! No more hiding detrimental legislation in supposedly benign pieces of legislation.

    COME ON PEOPLE! STAND UP FOR YOUR RIGHTS BEFORE THERE ARE NONE TO STAND UP FOR!!!!!!!

  38. 38

    Nathan Starr said on January 18th, 2012 at 6:00 pm:

    We need to take every channel to stop this socialistic way oif operating!!!
    Can you send us the addresses of our Senators and Representatives? Thank you. I’m in zip code 76702

  39. 39

    Cody Lowe said on January 18th, 2012 at 7:04 pm:

    If firefox (mozilla) wants to help keep the internet from censorship they should spend some of there money not just ask us for money to “pay” for the fight against it. To hell with the owners of firefox and/or mozilla!

  40. 40

    Randy Atwood said on January 18th, 2012 at 8:12 pm:

    Let’s not fix something that isn’t broken. Internet (like many other issues) are another issue that the federal government need not be regulating. Let us get back to the constitution and the purpose of our government’s functions.

  41. 41

    Carol A Bell said on January 18th, 2012 at 8:22 pm:

    It’s just another way the gov’t is trying to take away our freedoms. We’d better hurry up and step up and hope we aren’t too late.

  42. 42

    Jeff Kaiser said on January 18th, 2012 at 9:51 pm:

    I want my money & freedom back! Spent a lot on new computer & internet access to surf whatever I want to. Without restrictions, without censorship & without fed intervention! Law suites are commin’ one way or another. “M@*$%# F*%@#&!!!!!!!!!!”

  43. 43

    Pingback from Wikipedia, Google blackout sites to protest SOPA : Welcome to 13 News Net

    […] arm of a new government regulatory and policing structure,” Mozilla chairwoman Mitchell Baker wrote in a blog post […]

  44. 44

    Maqsood Ahmed said on January 18th, 2012 at 10:40 pm:

    Just Another Lame effort by the U S Gov, if they cant keep the economy of their country right, how can one expect them to keep something as big as internet right, they will goof up and start blaming others, if not start another war :)….. They need to focus on what the country is going through right now, or maybe its an attempt to divert the attention from it. Either which ways, this is what it looks like Gov + Internet = Biased +Perspective with Gov Interest……. This should be called as the Freedom Movement and all you guys who are taking part are the Freedom Fighters….Keep up the Amazing work….

  45. 45

    Pingback from Internet Freedom | OPEA

    […] Chairwoman Mitchell Baker has a blog post that further explains our concerns with the legislation, using a powerful analogy from the physical world to highlight how misdirected PIPA and SOPA are at […]

  46. 46

    Pingback from Defeating SOPA and PIPA Isn’t Enough « Fast Ninja Blog by Freelanceful – Web Design | Coding | Freelancing

    […] “stop” Internet piracy… in the most hamfisted way imaginable. As Mitchell Baker explains: Assume there’s a corner store in your neighborhood that rents movies. But the movie […]

  47. 47

    CECILIA said on January 19th, 2012 at 3:03 am:

    I GOVERNO AMERICANO HA DELLE PRESSIONI CONTINUE DA TUTTI I GOVERNI DITTATORI E MASCHILISTI, NON VOGLIONO CHE IL POPOLO SI SVEGLI E SI RIBELLI INTERNET E’ CIO’ CHE DI PIU’ BELLO ABBIA AVUTO L’UOMO, RISCATTANDO LA LIBERTA’ DI PENSIERO E COMUNICARE CON TUTTO IL MONDO– –IN TEMPO REALE QUINDI BISOGNA LOTTARE PER PERMETTERE QUESTA EVOLUZIONE OBBLIGANDO AI GOVERNI DI CAMBIARE, E AL POPOLO DI VIVERE , IN PACE SENZA CONTINUE PRESSIONI DA PREPOTENTI CHE VOGLIONO COMANDARE SUGLI ALTRI PER SOLO POTERE

  48. 48

    Pingback from More on SOPA « Akshar Smriti

    […] One good thing about geeks is that they are very good at whatever they do. Michell describes why SOPA and PIPA is bad for all of us in this beautiful article here. […]

  49. 49

    barbara geelan said on January 19th, 2012 at 9:09 am:

    Please don’t let this happen to us!Thanks

  50. 50

    Wildfire said on January 19th, 2012 at 12:12 pm:

    We live in this country cuz why? Freedom!!! This so called government of ours is not a democracy. It feels like we are not allowed to do, go, or say anything. That’s really sad. They try to take away our Freedom of Speech, Freedom to Bear Arms. Now they want to take away the internet. Everybody’s information is already out due to shopping and banking online; that’s for starters. People need to not put out all their personal information online. They need to protect their information. It’s that simpke. You need to decide how much information about yourself you are willing to give away.
    Don’t let them take away our internet.

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