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January 18, 2012 8:00 AM The state of play for SOPA, PIPA

By Steve Benen

The tech industry and free speech advocates have been desperately trying to generate interest in their fight against misguided efforts to combat online privacy. As of this morning, their efforts appear to be paying off in a big way.

At issue are two related bills: the Senate’s Protect IP Act and the even more offensive Stop Online Piracy Act in the House, which enjoy Hollywood support, but which also threaten to stifle innovation, suppress free speech, and in some cases, even undermine national security.

To help drive home the degree to which the industry takes this seriously, a variety of tech giants are launching a coordinated protest today, including a 24-hour shutdown of Wikipedia. If SOPA’s opponents wanted Americans’ attention, they’ve got it — this is literally front-page news everywhere today.

The next question, of course, is whether SOPA is actually going anywhere. As we discussed over the weekend, sponsors of the House and Senate bills ran into fierce and unexpected opposition, largely derailing their legislative plans. The White House didn’t issue a veto threat, per se, but the administration’s chief technology officials concluded, “We will not support legislation that reduces freedom of expression, increases cybersecurity risk or undermines the dynamic, innovative global Internet.” The statement added that any proposed legislation “must not tamper with the technical architecture of the Internet.” The White House’s position left SOPA and PIPA, at least in their current form, effectively dead.

The news for proponents of the bills wasn’t much better on the other end of Capitol Hill. House Republican leaders signaled that SOPA probably won’t even reach the floor for a vote and would have to undergo significant changes before it proceeds.

And yet, some are forging ahead anyway.

House Judiciary Committee Chairman Lamar Smith (R-Texas) vowed to push forward with his controversial anti-piracy bill on Tuesday as popular websites prepared to go dark in protest. […]

Smith dismissed Wikipedia’s blackout as a “publicity stunt” and said his committee would continue the markup of SOPA in February.

Markup or no markup, if House GOP leaders don’t intend to bring the bill to the floor, and Majority Leader Eric Cantor (R-Va.) told House Oversight Chairman Darrell Issa (R-Calif.) the bill isn’t moving, Smith is just spinning his wheels. For that matter, a committee push in February only gives opponents more time to rally against it, and over the last several weeks, SOPA critics are the ones with all the momentum.

The state of play in the Senate is a little different — a PIPA vote is likely next Tuesday — but even in the upper chamber, the bill is quickly losing friends. Sen. Scott Brown (R-Mass.) announced his opposition yesterday, and Sen. Ben Cardin (D-Md.), a former co-sponsor of PIPA, is also now against it.

Politico characterized the bills as being “on life support,” with passage “in serious doubt.” There’s talk of trying to improve the legislation to satisfy critics’ concerns, but Politico added that both sides are “pessimistic that there will be a palatable compromise any time soon.”

Update: Sen. Marco Rubio (R-Fla.), who had also supported PIPA, announced his opposition to the bill this morning.

Steve Benen is a contributing writer to the Washington Monthly, joining the publication in August, 2008 as chief blogger for the Washington Monthly blog, Political Animal.

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  • c u n d gulag on January 18, 2012 8:08 AM:

    Here we are, still suffering from the near depression-tsunami that washed over us, and with a more problems than an octopus can shake sticks at, if an octopus could shake sticks, and this, THIS, is what Congress is looking to do after their recess?

    Instead of PIPA and SOPA, how about PEOPLE and JOBS, you A$$HOLES?

    And they wonder why genital herpes has a higher approval rating than Congress?

  • Goldilocks on January 18, 2012 8:42 AM:

    Couldn't say it better than gulag, but I'll say it anyway.

    What are these proponents getting so fanatical about? If they're worried about their corporate profits they should think again. Killing piracy (and half the Internet with it) is not going to add a dime to their bottom line. 90% of people who use pirated material wouldn't be buying it anyway - they'd just cease to have access to it.

    Therefore, it's NOT theft. No big fortunes are being lost or stolen. What will be lost is a huge, world-wide audience of appreciative fans and followers of the industry's products. That, in the entertainment field, would be devastating.

    So, House Judiciary Committee Chairman Lamar Smith (R-Texas) and your ilk, be careful what you wish for - the roof may fall on your heads (not that you'd notice, of course).

  • Bernard HP Gilroy on January 18, 2012 9:02 AM:

    Goldilocks on January 18, 2012 8:42 AM:
    >> 90% of people who use pirated material wouldn't be buying it anyway - they'd just cease to have access to it. Therefore, it's NOT theft.

    Actually, it's not theft because it's not theft. The usurpation of that word -- like the misuse of "pirate" -- really annoys me. Kids in college rooms downloading MPSs or movies are not raping and pillaging on the high seas. In an age when actual people really are dying by actual piracy, it's galling that book publishers have enshrined -- and other media conglomerates have supported -- the distortion of language for the purpose of fear and profits.

    But since the content cartel was happy to compare the VCR to the Boston Strangler, I suppose I have to award them points for consistency.

  • MsJoanne on January 18, 2012 9:18 AM:

    CUND, if I could give you an upding, I would hand out 1000.

    And I have the joy of being represented by the infamous Joe Walsh, the GOP ass licker Mark Kirk, and another new liar, Bob Dold. All of whom are so full of shit they see brown (maybe that's why the GOP hates all of us).

    Yeah, this oongress is all about jobs. After abortion. After everything, no, anything else.

  • DAY on January 18, 2012 9:30 AM:

    Craig's List has an easy way to contact your sens/reps.
    Of course, everyone here has them on speed dial. . .

    (in support of the protest,Capcha has the second word blacked out!)

  • burro on January 18, 2012 9:56 AM:

    "Markup or no markup, if House GOP leaders don’t intend to bring the bill to the floor, and Majority Leader Eric Cantor (R-Va.) told House Oversight Chairman Darrell Issa (R-Calif.) the bill isn’t moving, Smith is just spinning his wheels." Mr. B.

    But he's trying. Lamar is a good little doggie and he's wagging his tail and giving kisses and growling at the bad people and rolling over and doing all the things that his owners find so endearing, even if it doesn't amount to more than a puddle of pee on the floor.

    Lamar will get his treats, because he's a good boy, and even if his litter mates won't do their tricks, he sure as hell will do his.

  • Crusty the Clown on January 18, 2012 10:20 AM:


    "There’s talk of trying to improve the legislation to satisfy critics’ concerns." Good luck with that. The RIAA, MPAA, and AAP don't really want much, just to turn the clock back 150 years more or less, so their antiquated 19th-century business models will still make sense (and cents). They don't understand that the clue train left the station decades ago. They weren't listening when Bob Dylan sang "the times they are a-changing." They believe that "adapt or die" applies to others but not to themselves. As long as there are politicians to be bought - and there will be for as long as there are politicians - hope springs eternal that they can force society to adapt to them and their antediluvian industrial models. Meanwhile, they show scant recognition of the fact that they are hastening their own demise.

  • msmolly on January 18, 2012 10:24 AM:

    Your link to the NYT article is broken. Missing 'h' in 'http'

  • JoeW on January 18, 2012 11:00 AM:

    I know you all will be shocked to learn that Lamar Smith's own website used an uncredited, copywritten image, which would be illegal under his own bill.

  • DB on January 18, 2012 11:30 AM:

    First of all, not only am I from Texas, but Lamar Smith also happens to be my representative, so I apologize now for him being unleashed on the rest of the country.

    Now I don't know Mr Smith personally, nor do I know how technically savvy he is, but he strikes me a lot as if he is similar to my grandfather. I visit my grandfather at least once a month, and every time I see him, he is complaining about technology. For a while it was: "I don't get text messaging. Why would anybody type something into a phone when you could just call and talk to the person?" I've tried explaining the popularity and even given examples of why it's useful to me, but he just doesn't comprehend it. His new gripe is QR codes, as in: "What is this barcode thing in my newspaper? [Me: grandpa, its basically a link to a website] I pay $90 a year to get this paper, and now you're telling me I have to go out and buy something else to look at this content?! [Me: no grandpa, there are free programs you can get on your phone to let you access it] What!? So now everybody's got a fancy phone that lets you do that? I don't have one..."

    This is what I think of when I see Lamar Smith or any other old duff, D or R, deciding to write laws regulating high-technology. They don't exactly know what some of this stuff is, or why anybody would use it, but by god they'll regulate it they will.

  • Hannah on January 18, 2012 11:49 AM:

    To you all, above, who claim to have these "representatives" (Joe Walsh, Lamar Smith)... I am the same camp but refuse to call him my "representative" since he does not "represent" me (nor the majority of his constituents). Instead I refer to him as my congressman.

    Just a thought.

  • Another Steve on January 18, 2012 12:05 PM:

    I have little use for people who insist that copying copyrighted content without paying for it isn't theft because it just isn't because they want to do it. But these idiotic bills are just the latest example of why the MPAA and RIAA need to fire everyone in their hierarchy over 40 face up to the reality that the universe has changed, their business model is antiquated and untenable, and they cannot band-aid over that problem with legislation anymore because, finally, there's an industry with even more money than they have that won't let them.

  • booch221 on January 18, 2012 12:05 PM:

    When you go to Wikipedia you see a black screen with a place to enter your zip code. Then you get contact information for your legislators in DC.

    I live in Alaska and tried to contact my two senators. Their websites are overwhelmed and having "technical difficulties".

    If this is happening in small population state like Alaska, imagine what's happening in California, Texas or New York.

  • R L Fast on January 18, 2012 12:20 PM:

    The Protect IP Act is about changing the rules of the internet. Until now, IP has always meant internet protocol. We run a utility named ipconfig to find our IP address.

    The people making a fuss about unauthorized copying have stolen the term IP and are using it to refer to intellectual property. This behavior is not simply ironic, it's disqualifying.

  • Brian Boley on January 18, 2012 3:58 PM:

    Not like they have anything better to focus on, !!DECREASE SPENDING YOU DIPS!!. These bills create more government jobs, these jobs cost us more money (SOPA +47million). Please if these people push the bills through !!VOTE THEM OUT!!, we need representatives not fiscally irresponsible donkey holes in Washington.

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