Resisting Censorship: SOPA, PIPA, and How Congress Started Caring More About Corporate Interests than Free Speech

by Matthew L. Schafer

As the web goes dark, many people may be wondering why.  Of course, it is obvious now: SOPA and PIPA, the bills currently being considered by Congress that opponents say will amount to censorship online.  In order to learn more, feel free to visit the LWR links below about SOPA, PIPA, and free speech online.

Below is a list of congressmen recently changing their stance on PIPA or SOPA or announcing for the first time their opposition to the bills.  (Updated: 9:07 PM EST).  Please visit OpenCongress for a contextual list.

Sen. David Vitter [R-La.]: “I won’t be supporting the Protect IP Act (PIPA or SOPA as it’s called in the House of Representatives) because, though I’ve been pushing hard on both internet freedom and national security concerns, they still haven’t been fully addressed. It’s a real mistake to press forward with a flawed bill now.”

Sen. Olympia Snow [R-Me.]: “As Senator Snowe reviews this wide-ranging legislation she has concerns that we cannot have a federal overreach of authority that would hamper innovation or compromise the inherent openness and freedom that are part and parcel of the Internet,” an aide said.

Sen. Lisa Murkowski [R-Alaska]: “PIPA was envisioned as a way to fight intellectual property theft online, but the bill raises serious concerns about our civil liberties. That’s why next week I plan to oppose the current PIPA bill.”

Sen. James Inhoff [R-Ok.]: “While I believe that the intellectual property rights of American companies deserve substantial protection under the law, S. 968, the PROTECT-IP Act, is not the answer to the problem of online counterfeiting and piracy.”

Sen. Jim DeMint [R. SC]: “I support intellectual property rights, but I oppose SOPA & PIPA. They’re misguided bills that will cause more harm than good.”

Sen. John Boozman [R-Ark.]: “The PROTECT IP Act seeks to address an issue that is of vital importance to the future of intellectual property rights in the modern era. However, the concerns regarding the unintended consequences of this particular bill are legitimate.”

Sen. Orrin Hatch [R-Ut.]: “After listening to the concerns on both sides of the debate over the PROTECT IP Act, it is simply not ready for prime time.”

Sen. Mark Kirk [D-Il.]: “Freedom of speech is an inalienable right granted to each and every American, and the Internet has become the primary tool with which we utilize this right. . . . While we should protect American intellectual property, consumer safety and human rights, we should do so in a manner that specifically targets criminal activity.  [PIPA] stifles First Amendment rights and Internet innovation. I stand with those who stand for freedom and oppose PROTECT IP, S.968, in its current form.”

Sen. Mark Udall [D-Col.]: “[U]nfortunately, provisions in PIPA appear to create unintended consequences that could stifle U.S. innovation, limit Americans’ free speech rights, increase the risk of cyber-attacks, and undermine how the Internet functions.”

Sen. Jeff Merkley [D-Or.]: “We can’t endanger an open Internet.”

Sen. Scott Brown [R-Ma.]: “I’m going to vote NO on PIPA and SOPA.  The Internet is too important to our economy.”

Sen. Marco Rubio [R-Fl.]: “I have decided to withdraw my support for the Protect IP Act.”

Sen. John Cornyn [R-Tx.]: “Stealing content is theft, plain and simple, but concerns about the internet and free speech necessitate a more thoughtful, deliberative process.”

Sen. Roy Blunt [R-MO.]: “The right to free speech is one of the most basic foundations that makes our nation great, and I strongly oppose sanctioning Americans’ right to free speech in any medium – including over the internet.”

Rep. Adam Kinzinger [R. Il.]: “Unfortunately, the way these bills are currently written does not ensure an open and free internet and that is not something I can support.”

Rep. Ben Quayle [R-Ariz.]

Rep. Lee Terry [R-Neb.]

Sen. Tom Coburn [R-Ok.]

Sen. Jeff Sessions [R-Ala.]

Sen. Jim Risch [R-In.]

LWR Links:

It’s American Censorship Day: Why Congress Wants to Blackout the Net

Open Letter to Senator Dick Durbin

SOPA Shelved, PIPA on Its Last Leg, and the Internet Saved?

Free Speech, generally: An Imperfect Manifestation: Searching for the First Amendment on Bill of Rights Day

Other Online Resources:

Fight for the Future

Ars Technica: Protesting SOPA: How to Make Your Voice Heard

Wikipedia: SOPA and PIPA – Learn More

CBS News: SOPA, PIPA: What You Need to Know

OpenCongress – Trace the Money

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Political Pinocchios, Fact Checking, and Journalist Responsibility

by Matthew L. Schafer

No one ever said that telling the truth was easy.  As The Times’ Public Editor Arthur Brisbane recently discovered, having conversations about how to deal with the truth is even more difficult.  Brisbane, who with all good intentions, asked readers “whether and when New York Times news reporters should challenge ‘facts’ that are asserted by newsmakers they write about.”  As Brisbane later said, readers responded bluntly, “Yes, you moron, The Times should check facts and print the truth.”

It is not only readers who responded swiftly, but journalists and commentators also.   Glenn Greenwald at Salon suggested that Brisbane’s query shows that journalists “simply do not believe that reporting facts is what they should be doing.”  This overstates the case.  Simply, the question Brisbane has asked is deceptively complicated and leads only to more questions about how journalists should deal with the truth.  At some point, the newspaper industry must find a new niche and striking out on a quest for the verifiable truth might be as good a place to start as any.

Since around the 1920s, journalists trained at universities across the country haven’t actually been taught – at least not forcefully – to be fact checkers.  Instead, many universities teach young journalists to “get both sides of the story” – an approach that is emphatically not a search for truth, but rather a quest for “fairness.”  This journalistic tactic is reinforced in newsrooms across the country, giving the politically powerful on both sides of the aisle a newspaper microphone.

Additionally, journalists in newsrooms are simply not well situated to ferret out facts for practical reasons.  In today’s political media environment, deadlines are racing towards journalists faster than I care to imagine, making thorough fact checking impractical.  Journalists who do try to quickly debunk political claims also risk losing credibility if they make a factual misstep.  Without some degree of credibility, journalists’ work is discredited, and, the game is up.  As Murrow said, “To be persuasive we must be believable; to be believable we must be credible; to be credible we must be truthful.”  The nuanced question Brisbane should have asked then is “Under what conditions can reporters be fact checkers, while not risking their own credibility?”

Fact checking is a difficult proposition for anyone, because truth has gradations and not everyone agrees on where truth fades into falsity.  Just ask Bill Adair at Politifact, a project of the St. Petersberg Times devoted to fact checking, who suffered scathing outrage when Politifact chose as the “Lie of the Year” Democratic claims that Rep. Paul Ryan’s budget would “end Medicare.”  Paul Krugman, writing in The Times, wrote in response, “This is really awful. Politifact, which is supposed to police false claims in politics, has announced its Lie of the Year — and it’s a statement that happens to be true.”

Adair’s situation is informative.  Some felt that the “lie” Politifact was trying to debunk was not verifiable.  That is, it did not lend itself to a definitive judgment by a journalist as to whether it was actually true or false.  In such situations, journalists inevitably risk losing face.  Perhaps backlash of the type that Adair faced is factored into journalists’ decisions to not fact check.  (Indeed, even Greenwald, who lambasted Brisbane for, in his mind, asking whether the Times should be fact checking at all called Politifact a “scam of neutral expertise.”)

Journalists trepidation in debunking is illustrated well by Sarah Palin’s now infamous 2009 “death panel” Facebook post where she claimed that President Obama’s healthcare plan would create a “death panel” to decide who was “worthy of healthcare.”  Even though the claim was verifiable – journalists could look through the bill for themselves, after all – journalists often refused to actively debunk the claim.  Indeed, one recent study shows that in just a fifth of articles about death panels did journalists flatly label the claim false.  Oddly, in many other instances, reporters both debunked the claim and played by the rules of he said/she said reporting.  Indeed, a third of all newspaper articles relied on the he said/she said approach.

While it is cliché, journalism is in crisis, in part, because news copy is cheap (if not free) and widely available.  The Times and other newspapers then must offer readers something that other news outlets or online opinion manufacturers cannot.  In this case, that something is fact checking.  Fact checking is in many instances time and resource intensive.  Anyone can turn out a news article quoting the he said/she said between Romney and Gingrich, for example, but not everyone can devote the resources to parsing apart the candidates’ words.  Critically, unapologetically, and obviously labeling political Pinocchio’s liars should be traditional newspapers’ new niche.

This course of action will no doubt ruffle the feathers of those on the wrong side of truth, and, yes, it might also bring charges of bias.  What do newspapers really have to lose though?  Most people already believe that newspapers are biased either to the left or the right (depending on who you ask) anyway.  Moreover, most people already do not trust newspapers.  Additionally, the increasing popularity of fact checkers like FactCheck.org and Politifact shows, if nothing else, that the public wants a clear answer when such an answer exists in the first place.

If journalists do choose to change their practices and routines, it will have to be a committed change.  They must shed constraints of their traditional he said/she said approach that live within the walls of academia and newsrooms today, taking on a greater responsibility of actively searching for “the truth.”  At the same time, though, newsrooms must know that their vigilantism must be tempered by an understanding that truth is so very often elusive.


Flickr/mexicanwave

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SOPA Shelved, PIPA on Its Last Leg, and the Internet Saved?

by Matthew L. Schafer

Opponents of the industry supported piracy bills SOPA and PIPA celebrated as word came from Washington that legislators have shelved SOPA.  Over the weekend the Obama administration, responding to a petition, suggested that it would not support the current legislation.

“Any effort to combat online piracy must guard against the risk of online censorship of lawful activity and must not inhibit innovation by our dynamic businesses large and small,” Victoria Espinel, Intellectual Property Enforcement Coordinator at Office of Management and Budget, said.

Espinel added that “[Congress] must avoid creating new cybersecurity risks or disrupting the underlying architecture of the Internet.”

SOPA and PIPA, which were proposed last year, have been lightening rods for controversy, even prompting an “American Censorship Day” in November.  Opponents to the bills (myself included) have argued that “SOPA [and PIPA] . . . do not protect creativity, foster inovation, promote entrepreneurship, or enstill free speech values.”

Specifically, opponents expressed concerns with the DNS blocking requirements of the bill, the legal responsibilities the bills would put on third party intermediaries like search engines, the private enforcement powers granted to corporations, and the effects the bills would have on free speech.

“While I remain concerned about . . . the Protect IP Act, I am confident that flawed legislation will not be taken up by this House,”  House Oversight and Government Reform Committee Chairman Rep. Darrell Issa [R-CA] said.  “Majority Leader Cantor has assured me that we will continue to work . . . to build consensus prior to any anti-piracy legislation coming before the House for a vote.”

While many of SOPA and PIPA’s opponents are celebrating, the EFF, a public interest group and a strong opponent of the “blacklist bills,” as it calls them, cautioned that “the fight is still far from over.”  In a statement issued on Monday, EFF noted that “the Senate is still poised to bring PIPA to the floor next week, and we can expect SOPA proponents in the House to try to revive the legislation.”

Beyond public interest groups, Silicon companies like Google, Facebook, Twitter, and Reddit have also fervently opposed the legislation.  Incumbent industry powerhouses like the Motion Picture Association of America and Viacom provided the majority of support for the bills, which also were supported by a slew of legislators.  Supporters of the bills  are arguing, as the legislation falls apart, that the industry stands to lose millions without the protection of the bills.

“As had been made clear throughout the legislative consideration of SOPA and the PROTECT-IP Act, neither of these bills implicate free expression but focus solely on illegal conduct, which is not free speech,” the MPAA said in a statement over the weekend.

News Corporation CEO Rupert Murdoch said more brashly in response to the White House’s statement, “So Obama has thrown in his lot with Silicon Valley paymasters who threaten all software creators with piracy, plain thievery.”

While incumbent industry leaders are disgruntled over the recent change in tides, it appears that for the time being SOPA and PIPA opponents can pat themselves on the back for, at the very least, staving off the legislation.

A pat on the back, however, does not mean that supporters will take the week off.  Reddit, which had planned a black out of its website in protest of the bills, is reportedly going forward with its planned black out despite the SOPA news.

Wikipedia will also join Reddit, posting a banner on its website on Monday that “[i]n less than 26 hours, the English Wikipedia will be blacked out globally to protest SOPA and PIPA.”

The EFF also recently outlined provisions that are likely to be reborn in future bills and that it alleges are vague, overbroad, and damaging to free speech: the Anti-Circumvention Provision, the “Vigilante” Provision, Corporate Right of Action, and Expanded Attorney General Powers.


Flickr/Stigs

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