2012-02-08

'SOPA Blackout' is Web's political coming of age

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/01/18/MNQO1MR5DR.DTL

By: James Temple
Date: 2012-01-19

In an unprecedented display of Internet force, thousands of websites went dark or censored themselves Wednesday to protest twin antipiracy measures pending in Congress.

The blackout represented a culmination of months of intensifying outcry over the bills, echoed and amplified by social media, blogs and tech publications, that drew more and more popular sites into the official day of protest, including Google, Wikipedia, Craigslist, Wired, Reddit, Boing Boing, Reporters Without Borders, Pressthink, Greenpeace and McSweeney's.

Their actions and the frenzy of media coverage in the buildup raised mainstream awareness of what, until recent days, had been a wonky set of proposals only lightly covered outside tech circles. Congressional phone lines were reportedly flooded Wednesday in what could begin the final unraveling of the already troubled measures.


The stated goal of the Stop Online Piracy Act (SOPA) and its Senate counterpart, the Protect IP Act (PIPA), is to confront the sale and distribution of pirated movies, drugs, music and consumer goods by rogue overseas sites. But in doing so, critics say the bills threaten crucial legal protections that foster online innovation while undermining due process and free speech.

On Wednesday, many Republican backers of the bills agreed the approach was flawed, even if the goal was sound. Sens. Marco Rubio of Florida, John Cornyn of Texas and Orrin Hatch of Utah all withdrew support, following in the footsteps of several House colleagues in recent days. The Obama administration came out strongly against the proposals over the weekend.

Some observers said the day of protest may come to represent a fundamental shift in the legislative landscape, a flexing of a newfound and untraditional source of political power in the Internet sector.

Driven to extremes

"It's having a big impact on the workaday politics on the Hill," said Peter Leyden, co-founder of Torchline.com, who has advised Democrats, including President Obama's campaign, on the use of social media. "I think the Web is politically coming of age. We're seeing a line being crossed, and I don't think it will be the same from now on."

Arguably, the sites were driven to take the extreme and unusual step.

Supporters of the bills, including the media, pharmaceutical and fashion industries, had drastically outspent the Internet industry in lobbying for the measures, pulling the traditional lever of corporate politicking. Moreover, the tech perspective on the matter has been openly suppressed throughout the public hearings so far.

In November, the House Judiciary Committee set up a mockery of an open debate by stacking the witness deck, with five witnesses in favor of the bills taking on one against.

But if the tech industry, via the blackout, has stumbled upon a new source of political strength that it can leverage again, it does raise certain questions.

What's to stop Facebook from switching on its megaphone to help convince some 800 million users that any new privacy regulation will spoil all the fun on the social network? What's to stop Google from telling millions of surfers that all those bothersome antitrust inquiries are going to wreck the search engine?

Against censorship

Anthony Falzone, executive director of the Fair Use Project at Stanford's Center for Internet and Society, dismissed the concerns. He said the protests engendered broader support only because the anticensorship message bubbled up through grassroots efforts and resonated with Internet users encountering the participating sites.

(Note: The Center for Internet and Society participated in the blackout.)

"The reason everyone was so excited is that this is a piece of legislation that's only good for a tiny handful of corporations, and it's really bad for the rest of us," Falzone said.

For that reason, the media supporters of SOPA and PIPA won't be able to leverage their own considerable reach - through TV, movies, books and magazines - to enlist the support of their audience.

"You have to capture the hearts and minds - and an open, free, vital and vibrant Web is really what energizes people," Leyden said. "The idea of worrying about the profits of some media company isn't going to turn people on."

Battle's not over

None of which is to say that the battle is over. Legislators have indicated they'll continue to work on revisions and have already scheduled debates on the bills. Meanwhile, alternatives have come forth, like the tech industry-backed (and media industry-rejected) Online Protection and Enforcement of Digital Trade Act.
And even if none passes, SOPA and PIPA supporters will continue to push for legislative tools to address the very real problem of online piracy.

The solution is to come up with a compromise, stressed prominent angel investor Ron Conway in a speech before about 150 protesters at a rally near San Francisco City Hall on Wednesday. He called on the media industry of Southern California and tech sector of Northern California to work together on the issue in good faith.

"Why don't we find a way to innovate a solution to the piracy issue?" he said. "Let's do what we've always done before: solve problems with technology, not against technology."

Dot-commentary runs three times each week. Follow @jtemple on Twitter or e-mailjtemple@sfchronicle.com.


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