LAW : TECHNOLOGY : INTERNET : COPYRIGHT: LAW : INTELLECTUAL PROPERTY : PRIVACY : FREEDOM OF SPEECH : CENSORSHIP: Perhaps SOPA Should Be Called The Stop Online PRIVACY Act

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David P. Dillard

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Dec 13, 2011, 7:41:29 AM12/13/11
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LAW :

TECHNOLOGY :

INTERNET :

COPYRIGHT: LAW :

INTELLECTUAL PROPERTY :

PRIVACY :

FREEDOM OF SPEECH :

CENSORSHIP:

Perhaps SOPA Should Be Called The Stop Online PRIVACY Act

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Perhaps SOPA Should Be Called The Stop Online PRIVACY Act

from the unintended-consequences? dept

From piracy to privacy

Tech Dirt

http://www.techdirt.com/articles/20111209/13440317025/
perhaps-sopa-should-be-called-stop-online-privacy-act.shtml

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A shorter URL for the above link:

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http://tinyurl.com/7jwpepm

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Critics of the Stop Online Piracy Act and its Chinese Firewall approach to
combatting Internet piracy have hammered the ill-advised legislation for
the predictable damage it would inflict on cybersecurity, innovation, and
above all, free speech. More than a hundred eminent law
professorsincluding such renowned constitutional scholars as Harvard's
Lawrence Tribehave blasted blocking provisions in SOPA (and its Senate
counterpart PROTECT-IP) as a form of "prior restraint" of speech
prohibited by the First Amendment. Yet SOPA also poses less obvious risks
to the privacy of Internet usersrisks which have received far less
attention.

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"We tend to treat freedom of speech issues on the Internet as matters of
censorship," former White House technology advisor Andrew McLaughlin
recently explained to The Wall Street Journal, "but the real threat is
surveillance." Censorship and surveillance are natural partners:
Monitoring alone often chills speech as effectively as blocking, and
content prohibitions naturally give rise to monitoring designed to
identify prohibited content. So it is likely to be with SOPA.

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Under the notice-and-takedown approach to copyright infringement embedded
in the Digital Millenium Copyright Act, Web platforms aren't expected to
actively police the content uploaded by their users: They're only expected
to comply with requests to remove specific identifying files identified by
rightsholders. Under SOPA, however, a site can be branded as "dedicated to
theft of U.S. property" if, in the statute's bizarre wording, its owner
"is taking, or has taken deliberate actions to avoid confirming a high
probability" of infringement. Sites merely accused of insufficient
diligence risk being starved of revenue from ad networks or payment
providers.

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These dire consequences provide a powerful incentive for legitimate sites
to implement some form of automated monitoring of user uploaded content,
lest they be accused of "deliberately avoiding" awareness of infringement.
Sites that do so can be expected to modify their terms of servicelengthy
blocks of legalese, which users seldom read closelyto authorize such
scans. As many analysts have pointed out, the friction and overhead costs
involved in implementing such filters burden both innovation and
legitimate "fair uses" of copyrighted content. But such scanning may also
have unanticipated knock-on effects on the level of legal privacy
protection to which user communications are entitled.

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The complete article may be read at the URL above.

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Sincerely,
David Dillard
Temple University
(215) 204 - 4584
jw...@temple.edu
http://daviddillard.businesscard2.com

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