Stop Online Piracy Act: Difference between revisions

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Section 102 of the bill stipulated that search engines, [[ISP]]s, and other entities ordered to stop doing business with suspected violators of online piracy and counterfeiting cannot be sued in court while Section 103 of the bill gives copyright holders the right to ask an injunction for third parties such as payment processors and advertisers to stop doing business with suspected websites selling pirated products. Under section 104, [[Registrar|domain name registrars]], [[Registry|registry]], [[ISP]]s, search engines, internet advertisers, etc. that voluntarily take action and stop doing business with infringing websites are given legal immunity. In addition, any copyright holder who misrepresents that a website is dedicated to infringement or a if a respondent to an infringement claim knowingly misrepresents that a site is not dedicated to infringement will be liable for damages including attorneys fees and court costs.<ref>[http://www.pcworld.com/businesscenter/article/244011/the_us_stop_online_piracy_act_a_primer.html The US Stop Online Piracy Act: A Primer]</ref>
Section 102 of the bill stipulated that search engines, [[ISP]]s, and other entities ordered to stop doing business with suspected violators of online piracy and counterfeiting cannot be sued in court while Section 103 of the bill gives copyright holders the right to ask an injunction for third parties such as payment processors and advertisers to stop doing business with suspected websites selling pirated products. Under section 104, [[Registrar|domain name registrars]], [[Registry|registry]], [[ISP]]s, search engines, internet advertisers, etc. that voluntarily take action and stop doing business with infringing websites are given legal immunity. In addition, any copyright holder who misrepresents that a website is dedicated to infringement or a if a respondent to an infringement claim knowingly misrepresents that a site is not dedicated to infringement will be liable for damages including attorneys fees and court costs.<ref>[http://www.pcworld.com/businesscenter/article/244011/the_us_stop_online_piracy_act_a_primer.html The US Stop Online Piracy Act: A Primer]</ref>
===DNS Filtering===
DNS filtering or blocking is another provision of the bills which requires Internet Service Providers ([[ISP]]s) to remove important DNS records or block DNS queries for a suspected infringing website if a petition or complaint is filed a law enforcement agency. This provision is also present in PIPA and it is highly objected by DNS experts including [[Steve Crocker]], [[David Dagon]], [[Dan Kaminsky]], [[Danny McPherson]], and [[Paul Vixie]] due to its negative impact to the overall architecture, stability and security of the internet.<ref>[http://dyn.com/sopa-breaking-dns-parasite-stop-online-piracy/ SOPA: Why Do We Have To Break The DNS?]</ref> <ref>[http://www.wired.com/threatlevel/2011/05/dns-filtering/ Internet Researchers Decry DNS-Filtering Legislation]</ref> The White House also issued a statement that it does not support censorship that will threaten freedom of expression, innovation and pose risk to cybersecurity.<ref>[http://www.geekosystem.com/white-house-sopa-petition/ White House Responds to Two Anti-SOPA Petitions]</ref>
Although the Motion Picture Association of America (MPAA) is a strong supporter of SOPA, the organizations Tech Policy Chief Paul Brigner believed that the DNS filtering should be removed from the bill.<ref>[http://www.geekosystem.com/mpaa-bails-on-dns-blocking/ Even the MPAA is Shying Away From DNS Filtering, Saying It’s “Off the Table”]</ref> After consultations with different internet stakeholders in the country Cong. Smith agreed to remove the DNS blocking in the bill.<ref>[http://mashable.com/2012/01/13/sopa-dns/ Victory for SOPA Opponents: DNS Blocking Struck From Bill]</ref>


==Supporters==
==Supporters==
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==The Obama Administration's Stand on SOPA==
==The Obama Administration's Stand on SOPA==
On January 14, 2012, the Obama Administration issued an official statement in response to the petitions of against SOPA and PIPA. The White House pointed out that it is necessary to enact a law that will resolve online piracy by foreign websites, which is serious problem. The government strongly stated, "it will not support legislation that reduces freedom of expression, increases cybersecurity risk, or undermines the dynamic, innovative global Internet" It does not support the current provision of the SOPA that allows DNS filtering, which will put the [[DNSSEC]] deployment at risk. On the other hand, the expressed administration support to a legislation that will target online criminal activities with strong due process and encourage all internet stakeholders and legislators to work together to be able to develop a sound legislation that will best combat online piracy.<ref>
On January 14, 2012, the Obama Administration issued an official statement in response to the petitions against SOPA and [[PIPA]]. The White House pointed out that it is necessary to enact a to resolve online piracy by foreign websites, which it characterized as a serious problem. The government strongly stated, "it will not support legislation that reduces freedom of expression, increases cybersecurity risk, or undermines the dynamic, innovative global Internet." The administration did not support the provision in SOPA that allows [[DNS]] filtering, which would put [[DNSSEC]] deployment at risk. On the other hand, the administration expressed support for legislation that will target online criminal activities with strong due process and encourage all internet stakeholders and legislators to work together to be able to develop sound legislation to combat online piracy.<ref>
[http://www.whitehouse.gov/blog/2012/01/14/obama-administration-responds-we-people-petitions-sopa-and-online-piracy#.TxHV896y9Co.twitter Obama Administration Responds to We the People Petitions on SOPA and Online Piracy]</ref> Furthermore, the White House invited the petitioners of the proposed legislation to a conference call and will host an online event to "further discuss the issue with administration officials."<ref>[http://mashable.com/2012/01/16/white-house-sopa-petition/ White House Responds to Anti-SOPA Petition]</ref>
[http://www.whitehouse.gov/blog/2012/01/14/obama-administration-responds-we-people-petitions-sopa-and-online-piracy#.TxHV896y9Co.twitter Obama Administration Responds to We the People Petitions on SOPA and Online Piracy]</ref> Furthermore, the White House invited the petitioners of the proposed legislation to a conference call and announced an online event to "further discuss the issue with administration officials."<ref>[http://mashable.com/2012/01/16/white-house-sopa-petition/ White House Responds to Anti-SOPA Petition]</ref>


==Black Out Day==
==Black Out Day==
The popular social news website and forum, Reddit, announced with a week's notice that it would black out its own site from 8 a.m. to 8 p.m. on January 18th, 2012, to protest SOPA. The site was influential in bringing about the aforementioned boycott of GoDaddy following the [[registrar]]'s momentary support of the legislation.<ref>[http://nymag.com/daily/intel/2012/01/reddit-black-itself-out-protest-sopa.html Reddit Black Itself Out Protest Sopa, NYmag.com]</ref> Members of the site are trying to convince major websites like [[Google]], [[Amazon]], and Facebook to join in the protest. The move was originally inspired by Wikipedia, who was the first to consider blacking out its services in protest of SOPA.<ref>[http://www.zdnet.com/blog/igeneration/google-amazon-twitter-and-facebook-consider-nuclear-blackout/14307?tag=content;siu-container Google, Amazon, Twitter and Facebook consider 'nuclear' blackout, zdnet.com]</ref> [[Tucows]] announced on January 12th that it would be joining Reddit by blacking out its Software Download site for the same block of time.<ref>[http://tucowsinc.com/news/2012/01/why-we-dont-like-sopa/ Why We Don't Like Sopa, tucowsinc.com]</ref> Just a couple of days before the planned blackout, Wikipedia Founder Jimmy Wales announced that Wikipedia would be joining the protest,<ref>[http://news.cnet.com/8301-1023_3-57359763-93/wikipedia-to-join-web-blackout-protesting-sopa/ Wikipedia to join Web blackout protesting SOPA, cnet.com]</ref> blacking out for a full 24 hours. All content will be redirected to a letter from the Wikipedia community concerning SOPA and [[PIPA]], with a call to action for visitors to call or write the [[U.S. Congress]].<ref>[http://blogs.ft.com/fttechhub/2012/01/wikipedia-anti-sopa-blackout/#axzz1jesEZoYn Wikipedia’s anti-SOPA blackout will go ahead on Wednesday, blogs.ft.com]</ref> Other prominent sites participating by blocking some or all of their content included Wired,<ref>[http://www.wired.com/threatlevel/2012/01/why-weve-censored-wired-com Why Weve Censored Wired, Wired.com]</ref> Craigslist, Google, Boing Boing, and others.<ref>[http://www.cbsnews.com/8301-205_162-57360291/google-plans-to-use-home-page-to-protest-sopa/ Google plans to use home page to protest SOPA, cbsnews.com]</ref><ref>[http://boingboing.net/?p=139152 boingboing.net]</ref>
The popular social news website and forum, Reddit, announced with a week's notice that it would black out its own site from 8 a.m. to 8 p.m. on January 18th, 2012, to protest SOPA. The site was influential in bringing about the aforementioned boycott of GoDaddy following the [[registrar]]'s momentary support of the legislation.<ref>[http://nymag.com/daily/intel/2012/01/reddit-black-itself-out-protest-sopa.html Reddit Black Itself Out Protest Sopa, NYmag.com]</ref> Members of the site tried to convince major websites like [[Google]], [[Amazon.com|Amazon]], and Facebook to join in the protest. The move was originally inspired by Wikipedia, who was the first to consider blacking out its services in protest of SOPA.<ref>[http://www.zdnet.com/blog/igeneration/google-amazon-twitter-and-facebook-consider-nuclear-blackout/14307?tag=content;siu-container Google, Amazon, Twitter and Facebook consider 'nuclear' blackout, zdnet.com]</ref> [[Tucows]] announced on January 12th that it would be joining Reddit by blacking out its Software Download site for the same block of time.<ref>[http://tucowsinc.com/news/2012/01/why-we-dont-like-sopa/ Why We Don't Like Sopa, tucowsinc.com]</ref> Just a couple of days before the planned blackout, Wikipedia Founder Jimmy Wales announced that Wikipedia would be joining the protest,<ref>[http://news.cnet.com/8301-1023_3-57359763-93/wikipedia-to-join-web-blackout-protesting-sopa/ Wikipedia to join Web blackout protesting SOPA, cnet.com]</ref> blacking out for a full 24 hours. All content was redirected to a letter from the Wikipedia community concerning SOPA and [[PIPA]], with a call to action for visitors to call or write the [[U.S. Congress]].<ref>[http://blogs.ft.com/fttechhub/2012/01/wikipedia-anti-sopa-blackout/#axzz1jesEZoYn Wikipedia’s anti-SOPA blackout will go ahead on Wednesday, blogs.ft.com]</ref> Other prominent sites participating by blocking some or all of their content included Wired,<ref>[http://www.wired.com/threatlevel/2012/01/why-weve-censored-wired-com Why Weve Censored Wired, Wired.com]</ref> Craigslist, Google, Boing Boing, and others.<ref>[http://www.cbsnews.com/8301-205_162-57360291/google-plans-to-use-home-page-to-protest-sopa/ Google plans to use home page to protest SOPA, cbsnews.com]</ref><ref>[http://boingboing.net/?p=139152 boingboing.net]</ref>


More than 115,000 sites participating, the strike garnered 10 million signatures to various petitions and more than 3 million emails sent to members of Congress.<ref>[http://www.sopastrike.com/numbers SOPA Strike Numbers]</ref>
More than 115,000 sites participated, the strike garnered 10 million signatures to various petitions and more than 3 million emails sent to members of Congress.<ref>[http://www.sopastrike.com/numbers SOPA Strike Numbers]</ref>


===Reactions to Blackout Day===
===Reactions to Blackout Day===
Despite the participation of major American websites, such as Google, Wikipedia, and Cragislist, The Motion Picture Association of America (MPAA), a major supporter of SOPA, claimed that the January 18th anti-SOPA blackout failed to gain any significant traction.<ref>[http://www.techdirt.com/articles/20120118/11484617455/denial-mpaa-pretends-that-no-big-sites-have-joined-sopapipa-protests.shtml?utm_source=dlvr.it&utm_medium=twitter Denial MPAA Pretends That No Big Sites Have Joined SOPA PIPA Protests, TechDirt.com]</ref>  
Cong. Smith, primary author of the SOPA criticized Wikipedia's blackout protest. He said that it is ironic to see the company "spreading misinformation" about the bill and he pointed out that it will not harm the company, blogs or social networking sites. Smith described the company's move as a "publicity stunt and disservice to users by promoting fear instead of facts."<ref>[http://mashable.com/2012/01/17/sopa-congress/ SOPA Author Attacks Wikipedia, Schedules Debate on Bill]</ref>
 
Chris Dodd, CEO of the Motion Picture Association of America (MPAA) and former Connecticut senator, described the blackout protest as an irresponsible abuse of power. According to him, the action of technology companies against SOPA dangerous and troubling.<ref>[http://gizmodo.com/5876984/the-mpaa-says-blackout-protests-are-an-abuse-of-power The MPAA Says Blackout Protests Are an Abuse of Power]</ref>
 
Despite the participation of major American websites, such as Google, Wikipedia, and Cragislist, MPAA claimed that the January 18th anti-SOPA blackout failed to gain any significant traction.<ref>[http://www.techdirt.com/articles/20120118/11484617455/denial-mpaa-pretends-that-no-big-sites-have-joined-sopapipa-protests.shtml?utm_source=dlvr.it&utm_medium=twitter Denial MPAA Pretends That No Big Sites Have Joined SOPA PIPA Protests, TechDirt.com]</ref>
 
Twitter CEO Dick Costolo also criticized Wikipedia's plan to shutdown its website for a day in protest as a foolish and silly thing to do. He tweeted, ''"That's just silly. Closing a global business in reaction to single-issue national politics is foolish."''<ref>[http://www.guardian.co.uk/technology/2012/jan/16/wikipedia-sopa-blackout-slammed-twitter Twitter boss slams Wikipedia's 'silly' Sopa protest]</ref>


Following the SOPA blackout, many senators and congressmen withdrew their support of the bill. Marco Rubio and Tim Holden notably withdrew their support of PIPA and SOPA respectively, they were both co-sponsors of those respective bills.<ref>[http://www.techdirt.com/articles/20120118/11581717456/more-senators-dropping-off-as-co-sponsors-pipa.shtml?utm_source=dlvr.it&utm_medium=twitter More Senators Dropping Off as Co-Sponsors PIPA, TechDirt.com]</ref> The Blackout  and online action by end-users were seen as being major reasons for Congressman Lamar Smith's decision to suspend the bill on January 20, 2012.<ref>[http://venturebeat.com/2012/01/20/lamar-smith-sopa-dead/ Lamar Smith SOPA Dead, VentureBeat.com]</ref> In a statement Cong. Smith said, “I have heard from the critics and I take seriously their concerns regarding proposed legislation to address the problem of online piracy. It is clear that we need to revisit the approach on how best to address the problem of foreign thieves that steal and sell American inventions and products." He promised that the House Judiciary Committee will continue work with copyright owners and internet companies and seek their inputs to be able to develop a legislation that will best address the online piracy problem and protect intellectual property rights and innovation.<ref>[http://lamarsmith.house.gov/News/DocumentSingle.aspx?DocumentID=275770 Statement from Chairman Smith on SOPA]</ref>
Following the SOPA blackout, many senators and congressmen withdrew their support of the bill. Marco Rubio and Tim Holden notably withdrew their support of PIPA and SOPA respectively, they were both co-sponsors of those respective bills.<ref>[http://www.techdirt.com/articles/20120118/11581717456/more-senators-dropping-off-as-co-sponsors-pipa.shtml?utm_source=dlvr.it&utm_medium=twitter More Senators Dropping Off as Co-Sponsors PIPA, TechDirt.com]</ref>
 
==Cong. Smith Suspends SOPA==
The Blackout  and online action by end-users were seen as major reasons for Congressman Lamar Smith's decision to suspend the bill on January 20, 2012.<ref>[http://venturebeat.com/2012/01/20/lamar-smith-sopa-dead/ Lamar Smith SOPA Dead, VentureBeat.com]</ref> In a statement Cong. Smith said, “I have heard from the critics and I take seriously their concerns regarding proposed legislation to address the problem of online piracy. It is clear that we need to revisit the approach on how best to address the problem of foreign thieves that steal and sell American inventions and products." He promised that the House Judiciary Committee will continue to work with copyright owners and internet companies and seek their input to develop legislation that will best address the problem of online piracy and protect intellectual property rights and innovation.<ref>[http://lamarsmith.house.gov/News/DocumentSingle.aspx?DocumentID=275770 Statement from Chairman Smith on SOPA]</ref>


==References==
==References==
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