Research Paper
Your name: Matthew Turner
Your Capella email address: mturner86@capellauniversity.edu
The course number: IT3006
Instructor name: Professor Julie Krummen
Date submitted: 2/26/16
Title of your paper: PIPA & SOPA

Introduction In this paper, the topics to be discussed are what is PIPA and SOPA, prior related acts or laws, impacts on the first and fourth amendment, impacts on e-commence, supporters, and oppositions. This topic may seem old, but it could always come back later. Back in 2011 and 2012, there was a big fight between Congress and the Internet sites. This fight was over PIPA and SOPA which people associated it with censoring the Internet. However, it was much more than just censoring the Internet. It violated not one, but two amendments that are granted to every U.S. citizen. It also had the potential to hurt e-commence. As Wikipedia said on one of it’s blackout pages in 2012 “Imagine a world without free knowledge” and that is exactly what these sites were trying to protect. Yes, they may have won for now, but there is always a chance these acts could show up again.
What is PIPA? PIPA is short for PROTECT IP Act or Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act. This bill was introduced to the Senate on May 12, 2011 (U.S. Senate, 2011). This act would “enhance enforcement against rogue websites operated and registered overseas” (U.S. Senate, 2011). Once the Attorney General gets a court order for the “rogue” site, the notice can be served to financial transaction providers (such as PayPal) to stop processing payments immediately, advertising networks to stop promoting the site or advertising on the “rogue site”, Internet providers to stop allowing access to that specific domain, and search engines (such as Google) to stop showing the “rogue” site in their results (Schmitz, 2013). PIPA was never enacted into law because it was voted out by the Senate Judiciary Committee (Schmitz, 2013).
What is SOPA? SOPA is short for Stop Online Piracy Act. This bill was introduced to the House of Representatives on October 26, 2011 (House of Representatives, 2011). This bill would allow both the U.S. Attorney General and the copyright owner to seek court orders against the foreign site (House of Representatives, 2011). This bill, however, was a two-step process. First, the copyright owner had to send written notification to the financial transaction providers and advertising networks (House of Representatives, 2011). Those companies would have to forward to notice to the site owner and suspend all their services, unless the site owner send a counter notification of how their site is not infringing on any copyright laws (House of Representatives, 2011). The second part of the bill criminalized unauthorized streaming of copyrighted materials if the site owner misrepresented the site’s activity (House of Representatives, 2011). This would carry a maximum of five years prison sentence for ten infringements in a six month time frame (House of Representatives, 2011). This bill also provides immunity to financial transaction providers and advertising networks if they comply with the law or take any voluntary action to cut ties with the suspected violating site (House of Representatives, 2011). The final vote for SOPA, which was supposed to be January 23, 2012, was postponed and the White House Press released a statement that they would not support the SOPA “until there is a wider agreement on a solution” (Schmitz, 2013).
Prior Acts The Digital Millennium Copyright Act (DCMA) of 1998 was successful in a very similar way that the Congress hoped PIPA and SOPA would be (Schmitz, 2013). However, it was only effective on sites based inside the United States and not on foreign “rogue” sites. On September 20, 2010, the Senate introduced Combating Online Infringement and Counterfeits Act (COICA) (U.S. Senate, 2010). This bill targeted sited that had “no demonstrably commercially significant purpose” other that providing access to unauthorized content via downloading, streaming, or linking (Schmitz, 2013). This bill also allowed the Attorney General to “petition for a court order that would oblige domain name service (DNS) providers in the United States to stop resolving the domain”, or if the DNS provider is foreign require the “Internet service provider (ISP) to take action to prevent the domain name from resolving to offending site” (Schmitz, 2013). It would also require financial transaction providers and advertising providers to stop providing services (Schmitz, 2013). This law also required no evidence to have a site “blacklisted” (Schmitz, 2013). The COICA was not enacted, but however was rewritten as PIPA (Schmitz, 2013).
Impacts on First and Fourth Amendments SOPA and PIPA both violate the first amendment because they allow “private parities to suppress speech without a judicial hearing and due process of law” (Wassom, 2012). The terms used to describe the type of websites being target is very vague in both SOPA and PIPA and would allow copyright owners to take down entire websites if even a small portion of their material is used (Wassom, 2012). For example, a blogger might use a statement made in a lyric of a song to describe how he or she feels. Under the SOPA, the blogger’s site could be shut down because it was using unauthorized content. Also, the first amendment could be damaged because the site itself does not have to guilty of any infringement; it just has to enable it to happen (Schmitz, 2013). Also, these acts do not have safeguards for the defendant in the case because a copyright owner could cut a website’s funding by just filling a claim (Schmitz, 2013). It also encourages punishment by giving the web site hosting provider immunity from a suit is the site is wrongfully taken down (Schmitz, 2013). These acts also allow the Attorney General to blacklist any suspected site and deprive U.S. citizens of information they have a first amendment right to access (Wassom, 2012). The fourth amendment (unlawful search and seizure) will also be damaged by these acts. Internet service providers are required to monitor activity or be held liable for facilitating copyright infringement, which requires ISP’s to be “big brother” to their customers (Schmitz, 2013). It also involves using packet inspection to see into the user’s Internet traffic to be able to see what is being transmitted (Schmitz, 2013). Also, under SOPA the U.S. government would have authority to shut down web sites through logistical mean by forcing service providers to stop hosting the site even without a court order (Schmitz, 2013).
Impacts on E-Commerce Social media marketing would be extremely difficult under SOPA and PIPA. Some social media sites (Facebook, Twitter, and YouTube) already have a system in process to report copyrighted material. However, under SOPA these sites would be responsible for anything posted to their sites. According to Google’s public policy director, Boon Boorstin, “YouTube would go dark immediately” (Weiss-Poessier). So, if a big giant like YouTube could not police the material on their site, how would a smaller business with less resources meet the demands of SOPA if the business has any user generated content? Sites such as Etsy would also be forced to shut down if these laws ever took effect because it is just not feasible for Etsy to prevent listing that could be perceived as violating copyright or trademark laws, which would cause people to lose their online business or take a risk and open a physical location that could still fail if there is not a demand for that specific style of product in their area.
Supporters
These bills largely came into motion because of lobbying by the “content industry” because they were suffering an economic loss (Schmitz, 2013). Some of the businesses that supported PIPA and SOPA were Motion Picture Association of America, Nike, NFL, NBA, and many more. Also, the pharmaceutical industry was supporters of these acts because they wanted to “cut off sale of counterfeit drugs to U.S. residents by sellers for third countries” (Schmitz, 2013).
Opposition
Senator Ron Wyden claimed PIPA could possibly damage freedom of speech, innovation, and Internet integrity, and put a hold on PIPA much like he did with COCIA (Ron Wyde Senator for Oregon, 2011). Some of the companies and organization who were against SOPA and PIPA are Wikipedia, YouTube, Facebook, free speech organizations, and free software authors. On November 16, 2011, Mozilla and Tumblr were among serveral Internet sites that covered their logo with “Stop Censoring” (Salyer, 2011). Google also had over 7 million signatures on a petition to stop SOPA (SOPA petition gets millions of signatures as internet piracy legislation protests continue, 2012). Reddit did a twelve hour blackout on January 18, 2012 (Savov, 2012). Then, Wikipedia took the biggest stance and blacked out the English verison for twenty-four hours on January 18 to 19, 2012, with the banner stating “The internet must remain fee” or “Imagine a world without free knowledge” (Potter, 2012).
Conclusion
In conclusion, these acts were never signed into law, but that does not mean they are going to disappear. Just like COICA came back rewritten as PIPA, there is always a way for the Congress to rewrite it and name it something else. Yes, one should never intentionally steal another’s work; but this came down to Congress trying to violate a human’s basic rights granted as a U.S. citizen.
References
House of Representatives. (2011, December 16). H.R.3261 - Stop Online Piracy Act. Retrieved February 26, 2016, from Congress.gov: https://www.congress.gov/bill/112th- congress/house-bill/3261/text
Potter, N. (2012, January 18). SOPA Blackout: Wikipedia, Google, Wired Protest 'Internet Censorship'. Retrieved February 26, 2016, from ABC News: http://abcnews.go.com/blogs/technology/2012/01/sopa-blackout-wikipedia-google-wired-join-protest-against-internet-censorship/
Ron Wyde Senator for Oregon. (2011, May 26). Wyden Places Hold on Protect IP Act. Retrieved February 26, 2016, from Ron Wyde Senator for Oregon: https://www.wyden.senate.gov/news/press-releases/wyden-places-hold-on-protect-ip-act
Salyer, K. (2011, November 16). Facebook Twitter LinkedIn Google+ Email 'American Censorship Day' Makes an Online Statement: The Ticker. Retrieved February 26, 2016, from Bloomberg View: http://www.bloombergview.com/articles/2011-11-16/- american-censorship-day-makes-an-online-statement-the-ticker
Savov, V. (2012, January 18). The SOPA blackout: Wikipedia, Reddit, Mozilla, Google, and many others protest proposed law. Retrieved February 26, 2016, from The Verge: http://www.theverge.com/2012/1/18/2715300/sopa-blackout-wikipedia-reddit-mozilla-google-protest
Schmitz, S. (2013). The US SOPA and PIPA − a European perspective. International Review Of Law, Computers & Technology, 27(1/2), 213-229. doi:10.1080/13600869.2013.764141
SOPA petition gets millions of signatures as internet piracy legislation protests continue. (2012, January 20). Retrieved February 26, 2016, from The Washington Post: https://www.washingtonpost.com/business/economy/sopa-petition-gets-millions-of-signatures-as-internet-piracy-legislation-protests-continue/2012/01/19/gIQAHaAyBQ_story.html
U.S. Senate. (2010, December 17). S.3804 - Combating Online Infringement and Counterfeits Act. Retrieved February 26, 2016, from Congress.gov: https://www.congress.gov/bill/111th-congress/senate-bill/3804/actions?q=%7B%22search%22%3A%5B%22combating+online+infringement%22%5D%7D&resultIndex=1
U.S. Senate. (2011, May 26). S.968 - PROTECT IP Act of 2011. Retrieved February 26, 2016, from Congress.gov: https://www.congress.gov/bill/112th-congress/senate-bill/968/text
Wassom, B. D. (2012, January 18). Would SOPA & PIPA Violate the First Amendment? | Wassom.com. Retrieved February 24, 2016, from http://www.wassom.com/would-sopa-pipa-violate-the-first-amendment.html
Weiss-Poessier, J. (n.d.). How Would SOPA Affect Your Business? Retrieved February 26, 2016, from Intechnic: http://www.intechnic.com/blog/how-would-sopa-affect-your-business/

Appendix A: Critical Thinking Six Steps Used to Draft Your Paper

Each course assignment is a problem to solve that requires critical thinking. Your Unit 5 assignment is to compose your drafted research paper. When finished with the draft, reflect on the six critical-thinking steps you used to complete the drafted paper. Refer to the Critical Thinking Process in Unit 3 studies as needed. Note that your critical thinking six steps are part of the grading criteria for this assignment. Elaborate your compositions to show clearly that you have applied the six steps.

Because the ability to think critically is so important to college-level learning, you will complete similar assignments in each learning unit of this course. As you continue through each learning unit, notice how your critical thinking process has changed over time. This type of observation can assist you to more effectively solve problems as you complete coursework.

Compose your reflections below.
Step 1. Demonstrate a positive attitude toward solving a problem. (In this step, explain how you kept a positive attitude as you completed your drafted research paper assignment for unit 5.)
I kept reminding myself that I was learning something new in each section and improving my skills at researching and writing.

Step 2. Focus on the accuracy of the assumptions and conclusions. (In this step, explain how you kept a focus on the assignment to be clear about the requirements. For example, describe how you verified the assignment instructions and scoring guide to make sure everything required is included.)
I read over the instruction twice and looked over the grading rubric before and after completing my assignment.

Step 3. Break the problems into workable parts. (In this step, explain how you broke the assignment into smaller more easily tackled parts and provide a reason for each part.)
I broke it down into each section and focused my attention on each section. Dividing the paper into section made it so I could stay organized with my thoughts.

Step 4. Do not guess or jump to conclusions. (In this step, describe how you found if you have the necessary information to proceed. For example, explain how you identified what information is provided and what information must be determined.)
I have enough to go to the next step because I got a good draft. I still need to go back and do a few last proofreads before submitting my final draft.

Step 5. Employ meaningful self-dialogue throughout the process, including written or drawn prompts as well as spoken words. (In this step, explain how you organized the assignment using notes, tables, diagrams and drawings.)
I used notes I had taken over the course of my research and had a rough outline to follow as I completed my paper.

Step 6. Briefly describe what it felt like to go through the process.

This part was not as stressful because I felt like I was well prepared with enough sources to complete my assignment to my fullest ability.

Instructions when you are finished drafting your research paper for Unit 5, assignment 1:
Make sure your composition is error free. Then revisit the Unit 5, assignment 1 instructions for the two-step submission process.

Your drafted paper is due Sunday of week 5.

Appendix B: Critical Thinking Six Steps Used to Revise Your Paper (Unit 6)

Each course assignment is a problem to solve that requires critical thinking. Our Unit 6 assignment is to revise your research paper. When finished with the revision, reflect on the critical thinking six-steps you used to complete the revised research paper assignment. Refer to the Critical Thinking Process in Unit 3 studies as needed. Note that your critical thinking six steps are a grading criteria for this assignment. Elaborate your compositions to show clearly that you have applied the six steps.

Because the ability to think critical is so important to college-level learning, you will complete similar assignments in each learning unit of this course. As you continue through each learning unit, notice how your critical thinking process has changed over time. This type of observation can assist you to more effectively solve problems as you complete coursework.

Compose your reflections below.
Step 1. Demonstrate a positive attitude toward solving a problem. (In this step, explain how you kept a positive attitude as you revised your research paper for unit 6.)
[write your composition here]

Step 2. Focus on the accuracy of the assumptions and conclusions. (In this step, explain how you kept a focus on the assignment to be clear about the requirements. For example, describe how you verified the assignment instructions and scoring guide to make sure everything required is included.)
[write your composition here]

Step 3. Break the problems into workable parts. (In this step, explain how you broke the assignment into smaller more easily tackled parts and provide a reason for each part.)
[write your composition here]

Step 4. Do not guess or jump to conclusions. (In this step, describe how you found if you have the necessary information to proceed. For example, explain how you identified what information is provided and what information must be determined.)
[write your composition here]

Step 5. Employ meaningful self-dialogue throughout the process, including written or drawn prompts as well as spoken words. (In this step, explain how you organized the assignment using notes, tables, diagrams and drawings.)
[write your composition here]

Step 6. Briefly describe what it felt like to go through the process.

[write your composition here]

Instructions when you are finished finalizing your paper for Unit 6, assignment 1:
Make sure your composition is error free. Then revisit the Unit 6, assignment 1 instructions for the two-step submission process.

Your revised research paper is due Sunday of week 6.

Appendix C: Optional (not part of the grade)

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Last updated: 2/26/2016 1:08 PM