Let The Judiciary Committee Know That Creating A Mini-SOPA Without Public Participation Is Unacceptable

from the speak-up dept

Yesterday, we wrote about how Lamar Smith was rushing through a new bill that looked to approve a piece of SOPA that would spend taxpayer money to expand the diplomatic corp with a bunch of people whose job it would be to spread Hollywood's special copyright interests around the globe... and to set up a special agency for this in the Commerce Department. Despite the public rebuke Lamar Smith got for his efforts to write SOPA in secret and then to rush it through, he apparently didn't learn much and chose to do this bill the same way. It was put on the schedule to be marked up without the bill even being announced -- basically a way to rush it through in secret.

It appears that this plan is falling apart. The markup did not happen this morning, and we're hearing that support for the bill is wavering. Some of the named co-sponsors have made it clear that they're just as unhappy that the bill was being rushed out this way without public comment and were uncomfortable with some of the specifics in the bill -- and that these concerns mean that the bill may actually be delayed. It may be a very temporary delay, but it does sound like some of the "co-sponsors" may have changed their minds and won't be supporting the bill. And, for the time being, the markup has been called off.

There is still a lot of back and forth going on, and it's still important to speak up. Public Knowledge pointed out that the House Judiciary Committee and Lamar Smith need to learn that secret bills are a non-starter, and they're absolutely right.

Before getting to the substance of the bill, perhaps the most shocking thing about it is how it is being handled by Committee Chairman Smith (who was a driving force behind SOPA). If Congress learned no other lesson from SOPA and PIPA, you would think that they got the message about not developing IP-related laws in secret. But you would be wrong. This bill leaked, fully formed, over the weekend and was scheduled for markup today. Needless to say, this came as a surprise to just about everyone not directly involved with drafting it and provided a very limited opportunity to meaningfully participate in the markup process. Step zero for any new IP bill should be a transparent drafting process.

Given that this is still a highly fluid situation, if you're represented by any of the members of the House Judiciary Committee, you might want to give them a call and let them know that you opposed SOPA and you're shocked that the HJC might push through a piece of SOPA in a process that was even more secretive than the one for SOPA itself.

Filed Under: commerce department, diplomatic corp, house judiciary committee, lamar smith, sopa, ustr

Lamar Smith Looking To Sneak Through SOPA In Bits & Pieces, Starting With Expanding Hollywood's Global Police Force

from the learned-anything? dept

While it didn't get nearly as much attention as other parts of SOPA, one section in the bill that greatly concerned us was the massive expansion of the diplomatic corp.'s "IP attaches." If you're unfamiliar with the program, basically IP attaches are "diplomats" (and I use the term loosely) who go around the globe pushing a copyright maximalist position on pretty much every other country. Their role is not to support more effective or more reasonable IP policy. It is solely to increase expansion, and basically act as Hollywood's personal thugs pressuring other countries to do the will of the major studios and labels. The role is literally defined as pushing for "aggressive support for enforcement action" throughout the world. A few years ago, we detailed how, at a meeting of these attaches, they bitched and complained about how copyright "activists" were making their lives difficult and were a "threat" who needed to be dealt with.

In other words, these people are not neutral. They do not have the best interests of the public or the country in mind. Their job is solely to push the copyright maximalist views of the legacy entertainment industry around the globe, and position it as the will of the US government.

It was good that this was defeated as a part of SOPA... but now comes the news that Lamar Smith is introducing a new bill that not only brings back this part, but appears to expand it and make it an even bigger deal. Politico has a short blurb:

SMITH, OTHERS UNVEIL IP BILL -- House Judiciary Committee chief Lamar Smith and other members are unveiling today their new Intellectual Property Attache Act, which realigns the Commerce Department a bit. The measure as proposed would move the current attache program housed with the USPTO to the full agency, complete with an assistant secretary of Commerce for Intellectual Property. The proposal is slated for full committee markup on Tuesday. Named as supporters on the measure are a number of panel Dems and Republicans: Reps. Bob Goodlatte, Mel Watt, Darrell Issa, Howard Berman, Howard Coble, Steve Chabot, Jason Chaffetz and Adam Schiff

You can see the current draft of the bill (pdf and embedded below), but it has not yet been officially introduced. However, the House Judiciary Committee is scheduled to mark it up in the morning, suggesting that it's on the fast track, with almost no public scrutiny. In fact, I've heard from people worried about this bill that they were only told of its existence on Saturday.

The specifics of the bill appear to go further than the version in SOPA. It is clear that the bill itself is framed from the maximalist perspective. There is nothing about the rights of the public, or of other countries to design their own IP regimes. It notes that the role of the attaches is:

to advance the intellectual property rights of United States persons and their licensees;

The bill also "elevates" the IP attaches out of the US Patent and Trademark Office, and sets them up as their own agency, including a new role: the Assistant Secretary of Commerce for Intellectual Property. Yes, we'll get another IP Czar, this time focused in the Commerce Department.

When even the USTR is recognizing the importance of limitations and exceptions to copyright, to have Congress push a bill that basically ignores limitations and exceptions and only looks to expand Hollywood's special thugs within the diplomatic corp. seems like a huge problem.

But the even bigger issue is a simple one of process. Shouldn't Lamar Smith have learned by now that you don't try to sneak through SOPA or any of its components without first getting widespread public opinion on these things?

Filed Under: commerce department, diplomatic corp, lamar smith, sopa, ustr