OVERNIGHT TECH: Web finds its voice in online piracy debate

By Gautham Nagesh - 01/18/12 08:03 PM ET

THE LEDE: Wednesday's wide-ranging online protests against the Stop Online Piracy Act (SOPA) and Protect IP Act (PIPA) saw the emergence of the Web community as a political constituency, one capable of mobilizing quickly in opposition to legislation that could potentially compromise the openness of the Internet. The deafening silence from websites like Wikipedia, Wired and reddit, which blacked themselves out to protest the online piracy bills, pressured a number of lawmakers into retracting their support or declaring opposition to legislation heavily favored by the entertainment industry.

From Thursday's edition of The Hill: "Support for two controversial online piracy bills began to crumble Wednesday in the face of protests from thousands of websites, including tech titans Google and Wikipedia. The unprecedented online demonstration against the Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA) — epitomized by a black censorship bar plastered over the Google logo — spurred a run for the exits on Capitol Hill as lawmakers rapidly withdrew their support for the legislation. Senate Republicans reacted quickly to the Web blackout, which exposed hundreds of millions of Internet users to the piracy bills for the first time."

What happens next? Despite the noticeable shift in momentum towards the opposition, the bill's sponsors are intent on moving forward. House Judiciary Committee Chairman Lamar Smith (R-Texas) told Hillicon Wednesday afternoon that despite the criticism, he's still confident his bill would only target the "worst of the worst": foreign websites dedicated to copyright infringement.

Smith was adamant the bill's provisions would not affect domestic sites, and still plans to continue marking up SOPA next month. He cited his decision to drop the legislation's Domain Name Service provision as evidence of his willingness to address legitimate concerns. But House Speaker John Boehner (R-Ohio) sounded less confident about the bill's prospects of reaching the House floor for a vote.

Meanwhile, Senate Majority Leader Harry Reid (D-Nev.) plans to press forward with his plan to call for cloture on PIPA next Tuesday afternoon — despite Democratic Sen. Ron Wyden's (Ore.) promise to filibuster the bill. Several prominent PIPA supporters, including Republican Sens. Marco Rubio (Fla.) and Orrin Hatch (Utah), reversed their positions and now oppose the bill, casting doubt on Reid's ability to overcome Wyden's hold. Hatch's reversal in particular is a blow to SOPA supporters, as were these comments from Judiciary ranking member Sen. Chuck Grassley (R-Iowa):

“It’s critical we protect the intellectual property rights of our businesses and fight online infringement, but at the same time, we can’t do harm to the internet, the Constitution, or the ability of businesses to grow and innovate. Internet piracy is illegal, and we need to find a way that works for all sides. ...

“The current Protect IP Act needs more due diligence, analysis, and substantial changes. As it stands right now, I can’t support the bill moving forward next week.”

Senate staffers said Reid will work with critics to address concerns about the legislation before the vote, citing Senate Judiciary Committee Chairman Patrick Leahy's (D-Vt.) pledge to re-examine the DNS blocking provision in PIPA. But Leahy stopped short of saying he would remove the language, and critics are unlikely to be satisfied with minor tweaks to the legislation. Most Web companies appear dead set against anything resembling PIPA or SOPA passing Congress, leaving the door ajar for the alternative OPEN Act, offered by opponents including Wyden and House Oversight Committee Chairman Darrell Issa (R-Calif.).

Reactions:

"Today thousands of websites have chosen to voluntarily go offline or modify their home pages with public service information. Some have called this a stunt. I say it’s a brave and poignant reminder that we can’t take the Internet for granted. ... Protect IP (PIPA) and the Stop Online Piracy Act (SOPA) are a step towards a different kind of Internet. They are a step towards an Internet in which those with money and lawyers and access to power have a greater voice than those who don’t." — Sen. Ron Wyden (D-Ore.)

"With the opponents of the bill trafficking in misinformation, fear tactics and public relations stunts like blacking out their websites — in essence censoring the Internet themselves — we thought it more important than ever to get the message out that these bills are reasoned, narrow, effective and necessary measures to combat foreign rogue sites which are preying on American consumers and costing American jobs." — Mike Nugent, executive director, Creative America

“Today, thousands of websites and millions of Americans are standing up to protest the internet censorship bills currently moving through Congress, the Stop Online Piracy Act (SOPA) and the PROTECT IP Act (PIPA). These bills would set a dangerous precedent and represent a big step backwards in Washington's efforts to foster growth in the digital sector. These bills would have a profound effect on how the internet functions on a basic level, undermining the legal process and overturning long-standing practices established in the Digital Millennium Copyright Act." — Rep. Mike Honda (D-Calif.)

Issa introduces OPEN Act: House Oversight Committee Chairman Darrell Issa (R-Calif.) introduced his Online Protection & Enforcement of Digital Trade Act (OPEN) with eight Republican and 16 Democratic co-sponsors on Wednesday, capitalizing on the publicity generated by the protests against SOPA and PIPA. With both sides conceding that something must be done about the problem of online piracy, the OPEN Act has emerged as tech industry-backed alternative that would focus more narrowly on cutting off streams of revenue to rogue sites. The content community remains unimpressed by the bill's approach, however.

Reactions:

“Illegal counterfeiting and piracy costs the U.S. economy $100 billion and thousands of jobs every year. The Wyden-Issa OPEN Act does not do enough to combat online piracy, and may make the problem worse. The OPEN Act makes the Internet even more open to foreign thieves that steal America’s technology and intellectual property without protecting U.S. businesses and consumers. The bill is not an effective tool for combating online intellectual property theft. The proposal amounts to a safe harbor for foreign criminals who steal American technology, products and intellectual property." — Rep. Lamar Smith (R-Texas)

“With every passing day it becomes more clear that the extreme strategies represented by the Protect IP Act (PIPA) and the Stop Online Piracy Act (SOPA) are not politically viable. It is time for Congress to concentrate on reasonable solutions, and move forward with the OPEN Act as an effective anti-piracy approach that does not cause collateral damage to innovation.” — Consumer Electronics Association President Gary Shapiro

Brendan Sasso and Molly Hooper contributed reporting to this post.

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