The Very Real Risk Of Overly Broad Censorship Under SOPA
from the nice-explainer dept
The more people look at the details of SOPA, the worse it looks. Alexander Macgillivray, much more widely known as amac, is Twitter's General Counsel, and has taken to his personal blog to discuss one of the many troubling aspects of SOPA: the fact that if it's deemed a rogue site because "any portion thereof" of the site is infringing, it can completely block out tons of legitimate speech and content. He constructs the following scenario:The harm that does to ordinary, non-infringing users is best described via a hypothetical user: Abe. Abe has never even so much as breathed on a company�s copyright but he does many of the things typical of Internet users today. He stores the photos of his children, now three and six years old, online at PickUpShelf* so that he doesn�t have to worry about maintaining backups. He is a teacher and keeps copies of his classes accessible for his students via another service called SunStream that makes streaming audio and video easy. He engages frequently in conversation in several online communities and has developed a hard-won reputation and following on a discussion host called SpeakFree. And, of course, he has a blog called �Abe�s Truths� that is hosted on a site called NewLeaflet. He has never infringed on any copyright and each of the entities charged with enforcing SOPA know that he hasn�t.This is just one of many significant concerns about the bill which have been raised. And yet Lamar Smith and the House Judiciary Committeee appear poised to make a push to move forward with SOPA this week (Thursday) anyway. Despite the widespread problems of the bills and complaints about nearly every aspect, Smith is expected to offer up only very modest changes, and then push to have the bill voted through. This is a travesty. Smith's legacy is going to go down as the elected official who led the charge to censor the internet.
And yet, none of that matters. Under SOPA, every single one of the services that Abe uses can be obliterated from his view without him having any remedy. Abe may wake up one morning and not be able to access any of his photos of his children. Neither he, nor his students, would be able to access any of his lectures. His trove of smart online discussions would likewise evaporate and he wouldn�t even be able to complain about it on his blog. And, in every case, he has absolutely no power to try to regain access. That may sound far-fetched but under SOPA, all that needs to happen for this scenario to come true is for the Attorney General to decide that some part of PickUpShelf, SunStream, SpeakFree and NewLeaflet would be copyright infringement in the US. If a court agrees, and with no guarantee of an adversarial proceeding that seems very likely, the entire site is �disappeared� from the US internet. When that happens Abe has NO remedy. None. No way of getting the photos of his kids other than leaving the United States for a country that doesn�t have overly broad censorship laws.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: alexander macgillivray, censorship, copyright, pipa, protect ip, sopa
Reader Comments
Subscribe: RSS
View by: Time | Thread
If a court agrees, and with no guarantee of an adversarial proceeding that seems very likely.......
Rule 65 of the Federal Rules of Civil Procedure applies to SOPA. The companies mentioned in this bizarre fantasy scenario have the same rights to a hearing as any other civil litigant. The desperation by the freeloader community is way over the top.
[ link to this | view in chronology ]
Re:
It's a crock of shit, that is for sure.
[ link to this | view in chronology ]
Re: Re:
But I digress. Mike just discussed a website that was put into legal limbo for over a year... this happened now, with no SOPA and no PIPA. That's why all of us sane people know that it will only get worse if either of those atrocious wannabe-laws is passed. Bad laws are always abused. Always. It's the only reason people like you want them in the first place.
[ link to this | view in chronology ]
Re: Re: Re:
[ link to this | view in chronology ]
Re: Re:
Using the DMCA as a measuring stick one can see the potential for abuse. The vast majority of DMCA take downs is either wrong, target at competing business or trying to censor something, since SOPA have even less recourse than the DMCA what makes you think it won't be abused?
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re:
Like Dajaz1.com?
And are you honestly calling Twitter's well-respected General Counsel a "freeloader"?
[ link to this | view in chronology ]
Re: Re: Mike queries: "Like Dajaz1.com?"
>>> And are you honestly calling Twitter's well-respected General Counsel a "freeloader"?
No, he isn't, Mike. You prove that you're desperate with such trivial tactics.
[ link to this | view in chronology ]
Re: Re: Re: Mike queries: "Like Dajaz1.com?"
One observation here, not accusing anyone of anything. Where constitutions have had to codify things like "due process" it has been largely or entirely to avoid them while allowing the governments in question to stomp all over their own citizens and any any neighbouring countries they wish to stomp all over. Case in point -- Zimbabwe.
Sleep tight, blue.
[ link to this | view in chronology ]
Re: Re: Re: Mike queries: "Like Dajaz1.com?"
[ link to this | view in chronology ]
Re: Re: Re: Mike queries: "Like Dajaz1.com?"
No, it isn't due to SOPA. It was done under laws that gives the government less power than SOPA does. If they can abuse the existing laws, what makes you think that SOPA's even broader powers won't be abused? When has ANY law not been abused?
[ link to this | view in chronology ]
Re: Re:
No, a piracy apologist who will concoct the most outlandish parade of horribles he can dream up for the purpose of stopping a bill that will put the brakes on freeloading.
[ link to this | view in chronology ]
Re: Re: Re:
Anyone who thinks they will is either looking at the world through the wrong colored glasses or is just patently stupid.
My 2 cents.
[ link to this | view in chronology ]
Re: Re: Re: "No, a piracy apologist will..."
[ link to this | view in chronology ]
Re: Re: Re:
Wow. You have no shame. You'll smear anyone for a fast buck from your employers, huh?
[ link to this | view in chronology ]
Re: Re: Re: Re:
[ link to this | view in chronology ]
Re: Re: Re: Re: Re:
[ link to this | view in chronology ]
Re: Re: Re: Re: Re: Re:
Don't answer all at once. We know your twirly mustache can get tangled in your keyboard.
[ link to this | view in chronology ]
Re: Re: Re: Re:
[ link to this | view in chronology ]
Re: Re: Re: Re: Re:
At no point did we make personal comments about Floyd Abrams or call him names. Apparently only you stoop to such levels.
Quite telling. When the laws not on your side, when logic's not on your side, when economics are not on your side, you revert to name calling and cursing.
You must be so proud of yourself.
[ link to this | view in chronology ]
Re: Re: Re: Re: Re: Re:
Personally I would have gone with ...
Your mother must be so proud of you, I will toss her a kitten next time I cross her bridge.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re:
Congress can amend those rules by statute. If this law conflicts with those rules, then the statute wins.
And this law clearly does provide for takedown based on mere ex parte accusation.
[ link to this | view in chronology ]
Re: Re:
Read the mark up.
[ link to this | view in chronology ]
Re: Re: Re:
> Read the mark up.
I have and it still does.
[ link to this | view in chronology ]
Re:
If they have the money and time to invest.
Most average citizens, don't, boy.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
Post the language, verbatim, that nullifies Rule 65.
Post it right here:
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re: Re: Re:
Why the government chose not to go beyond seizing their domain is an unknown story at this point.
Doesn't make dajaz any less guilty of copyright infringement.
If they were so squeaky clean, let's see them go back and behave exactly as they did before, and we'll see what happens. LOL
[ link to this | view in chronology ]
Re: Re: Re: Re:
[ link to this | view in chronology ]
Re: Re: Re: Re: Re:
And go look up the laws regarding seizure.
[ link to this | view in chronology ]
Re: Re: Re: Re: Re: Re:
[ link to this | view in chronology ]
Re: Re: Re: Re: Re: Re:
[ link to this | view in chronology ]
Re: Re: Re: Re: Re: Re:
[ link to this | view in chronology ]
Re: Re: Re: Re:
[ link to this | view in chronology ]
That is the world that SOPA and PIPA will bring.
[ link to this | view in chronology ]
Re:
SOPA does not, in any manner, eliminate liability.
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re: Re: Re:
[ link to this | view in chronology ]
Re: Re: Re:
Despite the fact we all KNOW there are thousands of guilty parties that having been doing it because they don't fear prosecution?
Hypocrite.
[ link to this | view in chronology ]
Re: Re: Re: Re:
[ link to this | view in chronology ]
Re: Re: Re:
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re: Re:
Show us anyone that was punished for abusing the DMCA ever!
The DMCA is the template by which we can look at how it will work or don't and by know it should be clear it is wildly abused with no consequences to the people who actually do abuse it and you want everybody to believe it will somehow be different with a law that have even more ways to be abused?
Right, I have some moonland I want to sell you.
[ link to this | view in chronology ]
Re: Re:
> both civil and criminal, for their fraudulent actions.
You mean the same way anyone who currently files a false DMCA claim is criminally liable for perjury?
Out of the thousands of false DMCA claims that have been filed (most by huge companies with legions of smart lawyers who should know better), why don't you list... oh, I'll make it easy for you and only ask you to come up with ten people who have been indicted on perjury charges for doing it.
Betcha can't.
If they're not holding people to account for abusing the DMCA, even though the law says they are liable, what makes you think Justice will suddenly take up the mantle of defending the downtrodden with SOPA?
[ link to this | view in chronology ]
Re: Re:
There's no criminal or civil liability for copyfraud.
[ link to this | view in chronology ]
Well, "Abe" better put his photos on a DVD! Maybe even on paper!
Look, you kind of had me agreeing UNTIL the "hypothetical" with that TRIVIAL danger. -- It's laughable, especially with the stupid idea that one MUST keep photos in "cloud" storage.
Then an admittedly "far-fetched" example: "but under SOPA, all that needs to happen for this scenario to come true is for the Attorney General to decide that some part of PickUpShelf, SunStream, SpeakFree and NewLeaflet would be copyright infringement in the US. If a court agrees," -- WELL, first, I DOUBT that'll happen. While I can understand that having "developed a hard-won reputation and following" as I have here (my fanboy followers wait with bated breath to pounce on mine with contradictions), the notion of "imminent" danger to free speech just doesn't grab me. Not compared to all else that's going on.
[ link to this | view in chronology ]
Re: Well, "Abe" better put his photos on a DVD! Maybe even on paper!
Just curious about the knot you tied yourself in to get there and please don't say copyright infringement and the damage it's doing to movie studios and record companies and all the rest of them, they're doing fine, thank you very much.
Oddly enough so is human creativity. It must be to get to that post.
And mark me down as one of your most loyal fanboi's . I can't live properly without seeing one of your posts and suffer severe withdrawl trauma if I don't.
You're just soooooooooo important!
[ link to this | view in chronology ]
Re: Well, "Abe" better put his photos on a DVD! Maybe even on paper!
Feed the public hypotheticals, and you'll get hypotheticals in return.
[ link to this | view in chronology ]
Re: Well, "Abe" better put his photos on a DVD! Maybe even on paper!
No, what's going to happen is that the AG is going to go in front of a judge with the warrant already made up, spend maybe five minutes telling the judge about how they need to shut down this horrible site that is full of infringing material and the judge will sign the warrant and move on to the next piece of business. That's what happens with warrant requests. How do you think the police get arrest warrants so quickly? The judge relies on what the AG tells them.
[ link to this | view in chronology ]
seems to me that is exactly what he wants! a legacy that marks him as being a complete, paid for, twat, that should never be in the position he is in and investigated for accepting 'incentives' to produce a law which is in the best interests of the entertainment industries but not in the best interests of the people or the US as a country. hopefully, that legacy will carry over to the next generation and perhaps further still, marring the family name for years to come.
[ link to this | view in chronology ]
Re:
This is the same sentiment I feel.My two bands and thousands of others will get less and less publicity.
I will up you on your statement.
If this piece of toilet paper passes how many will be willing to finally March on the Cancer called Washington ?
These people who dare to sign this or PIPA should all be investigated and it should be public knowledge and I MEAN PUBLIC KNOWLEDGE as to exactly how much money they are taking and where it all comes from.
And I will also state that a MASS PROTEST OF PURCHASING all MPAA & RIAA occur and I mean MASS PROTEST.............
No buying Digital Stuff
No buying New DVD/Blu-ray
No going to the Theater
Buy only used stuff or nothing
Hopefully a grassroots Campaign of some kind will emerge to attack both the RIAA & MPAA.
[ link to this | view in chronology ]
Re: Re:
There not much real estate between obscurity and oblivion. Maybe it's that no one wants to hear geriatric burnouts playing hardcore from the eighties any more?
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Caveat Emptor
[ link to this | view in chronology ]
Re:
Yeah, I suppose people should have taken into account that their government would suddenly repeal the Bill of Rights, transform itself into an engine of censorship, and implement the Chi-Com version of the Internet right here at home.
You're right. That does make "the cloud" a less attractive option.
[ link to this | view in chronology ]
New letter from Vixie, et al
This new letter, dated Dec 9, 2011, is signed by:
These people are well-known and respected here.
[ link to this | view in chronology ]
What a giant, fear-mongering douchebag.
Needless to say, this is all a lie, and this asshat hasn't read the mark up.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re: Re: Re:
[ link to this | view in chronology ]
Re: Re: Re:
[ link to this | view in chronology ]
Re:
For what it's worth, amac's writeup came out before the manager's amendment. The "markup" doesn't happen until Thursday.
But what you call a "lie" is not a lie, at all. It's a very possible (indeed likely) scenario based on the bill.
[ link to this | view in chronology ]
http://www.billboard.biz/bbbiz/industry/legal-and-management/will-i-am-sent-takedown-no tice-for-megaupload-1005662752.story
Will.I.Am filed a takedown notice, as he and everyone else in that video got scammed by Fat Bastard.
Megaupload is one of the pirate sites Mike Masnick defends here.
[ link to this | view in chronology ]
Re:
I hope him, you, labels, studios and publishers all go broke before they break the country.
[ link to this | view in chronology ]
Re:
LoL
[ link to this | view in chronology ]
Re:
"Let us be clear: Nothing in our song or the video belongs to Universal Music Group. We have signed agreements with all artists endorsing MegaUpload," MegaUpload CEO David Robb told TorrentFreak. "Regrettably, we are being attacked and labeled as a 'rogue operator' by organizations like the RIAA and the MPAA."
So... Explain that, then?
[ link to this | view in chronology ]
Re:
Even if it were true that he scammed them, that wouldn't give them a copyright claim.
[ link to this | view in chronology ]
I'm sorry, but Abe is an idiot. Online sites delete images all the time. Images I uploaded just a couple years ago are now gone. I regularly see placeholders on websites saying "Bandwidth exceeded".
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
No, the files aren't deleted, but that's little comfort when it's the 12th and you want to access your photos. "Sorry mom, you'll have to wait until next month to see photos of your grandkids..."
[ link to this | view in chronology ]
Abe's actions
He has never infringed on any copyright and each of the entities charged with enforcing SOPA know that he hasn't.
Sadly, this may not be true.
As well as sharing photos of his children, Abe made use of PickUpShelf's new video upload features to share a short clip of his children dancing to music at a carnival during the summer.
Abe is a forward-thinking teacher who wants to do the best for the children he teaches. By making his lessons easily available even when he isn't there, the children can review difficult work or catch up if they were ill. Sadly, Abe's contract with the school where he works states that his class notes are works for hire and, due to the slow grinding wheels of local government, he does not yet have permission from the school to post his classes online at SunStream.
One of Abe's favourite discussion topics on SpeakFree is local politics. There have been elections nearby recently, during which Abe and others vociferously discussed the positions of the candidates. Abe in particular was fond of quoting candidates themselves and other opinion pieces as part of his arguments with people from the opposite end of the political spectrum.
Abe uses Abe's Truths as a personal blog to talk about his life to friends and family. He recently went on holiday with his children and wrote about it when he returned, including some of the best shots he had taken while they were away. However, to get an extra 2GB of free space on the PickUpShelf server, Abe agreed to license any photos he uploaded to them exclusively through PickUpShelf. Rather than trying to get their complex embed tool to work, Abe just used the simple 'upload photo' button on his blogging software to get the photos in his post.
Thus, through Abe's actions, PickUpShelf, SunStream, SpeakFree and NewLeaflet may all be infringing copyright and thus may all, if enough other Abes do the same, be shut down under SOPA.
[ link to this | view in chronology ]
SOPA presents a risk to public health too
One particular consequence that hasn't been discussed in the mainstream press is the fact that the bill will have grave health implications for hundreds of thousands of Americans who rely on importing safe, affordable prescription medications from licensed, legitimate Canadian and other international pharmacies. This is because SOPA inappropriately groups real pharmacies � licensed, legitimate pharmacies that require a doctor�s prescription and sell brand-name medications � with the rogues who sell everything from diluted or counterfeit medicine to narcotics without a prescription. As it's currently written, SOPA would shut down legitimate international pharmacy sites.
Americans can't afford the exorbitant costs of prescription drugs in the U.S. and, therefore, need continued access to the international pharmacies they depend on for the medications they need to survive.
RxRights is a national coalition of individuals and organizations dedicated to promoting and protecting American consumer access to sources of safe, affordable prescription drugs. The Coalition is asking Americans to take action now by sending letters to their representatives urging them to stop SOPA. For more information or to voice your concern, visit www.RxRights.org.
[ link to this | view in chronology ]