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NuschaWieczorekPaper2 3 - 14 Jan 2012 - Main.EbenMoglen
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SOPA: Tying The Internet to The Ground to Combat Online Piracy? | | SOPA’s proposed measures involve serious free speech restrictions, which have to be narrowly tailored to the Act’s goal to prevent actual IP violations. The present framework, if applied according to the text, does not satisfy this standard. But even if narrowed down, it remains questionable if Internet censorship – the major tool of the Act – could ever be a legitimate means to protect IP interests. | |
> > | But, Nuscha, we can read
the Congressional Research Service summary of the bill on our own,
and you already linked to it. Many hundred words that could have
been used for thinking are used for summarizing provisions already
comprehensively summarized in the public sources. This is not a good
use of space.
Nor are the arguments advanced about why the bill is bad unfamiliar.
Google has lobbied very extensively on this subject, for a change, and
there's been no shortage of repetition of the points you duly repeat.
Again.
There is no meaningful political analysis here. SOPA itself is
essentially irrelevant. There's the Hollywood wishlist, and there's
what can pass the Senate. Anything Mr Smith and his leadership are
willing to move in the House will necessarily fall in between, and
will have little influence over the outcome. You don't discuss the
way the contribution game is played in election years, which is
crucial to the history of this and similar past examples of
Hollywood's (shrinking) power on Capitol Hill. You don't discuss the
White House's careful and equally tactical silence, the nature of its
political interests, or its (very high-quality and thorough, in my
direct experience) engagement with the international implications you
mention.
You don't mention or discuss the substantial, and novel, divergence of
opinion between Hollywood and the cyberwarriors and national security
buffoons—a new element this time around—which spells doom
for the Hollywood position in long run.
Where, from the larger analytic point of view, one would want to be
rising above parochial perspectives, taking a global approach, you're
lost in the minutiae of the non-dominant House half of legislation
that most likely won't move, in this one country, during an election
campaign. Serious intellectual benefit would come from backing up a
few meters, so as to see these US developments as part of a larger
conflict, between national States and the network intermediaries. The
US, Europe (including Sarkozyville and Cameroonia), India, China, are
all engaged in different but converging efforts to embed their
shrinking political authority in the fabric of the Net at the expense
of the intermediaries (multinational data miners as well as local
telecommunications network gangsters). The Net as a whole is made of
cooperation; technically and socially it derives its functionality
from consensus. It is robust against natural and technological
disaster, but not against deterioration by inconsistent
confrontational action by superstates. The crucial current process,
in this light, is not the buying of a few Congressmen by a dying
industry of no intrinsic importance, but the onset of state-level
confrontation in the Net, against one another and for control of
populations.
So I think there are two possible courses for the strengthening of
this essay. Either you should strip out the mere re-summarizing of
legislative provisions and lobbying positions, so as to make room for
some new insights into the meaning of the SOPA/PIPA business on its
own terms, or you should gain enough altitude to address the larger
significance of the current moment, internationally. | | | |
> > | | | -- NuschaWieczorek - 22 Nov 2011 |
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