Justice Department, Megaupload and Anonymous… what happened and why?

So, by now most people know that on Thursday the leaders of Megaupload were arrested by New Zealand authorities acting on request of the United States Justice Department, and that persons swayed the decentralized group that identifies itself as Anonymous to launch multiple retributions against a variety of targets that included the Justice Department website, the FBI website, Universal Music, RIAA and MPAA websites.

But what actually happened and why?

Throughout Wednesday, January 18th, there was a coordinated effort on the Internet to display, in an exceptionally visual manner, what the Internet could look like if bills such as SOPA and PIPA were to be passed in Congress. At the heart of the Internet strike was freedom of the Internet. One of the most notable effects of the strike was the complete blackout staged by Wikipedia. Other sites, such as Google, simply placed a blackout bar across their name and allowed users to continue to make use of the site’s services.

So why the huge protest? SOPA (Stop Online Piracy Act) and PIPA (Protect IP Act) are trying to do good things, the problem is that they are trying to do good by doing a lot of possible harm.

SOPA is more formally known as “H.R.3261 — Stop Online Piracy Act”. You can find it on THOMAS, or check H.R. 3261 – Stop Online Privacy Act which is where I located it as of the time I am writing this, or the THOMAS entry for SOPA at the thomas.loc.gov website.

The first thing you see under the heading of the bill is the mission statement of the bill:

“To promote prosperity, creativity, entrepreneurship, and innovation by
combating  the theft of U.S. property, and for other purposes.”

The first thing I have to think is – what other purposes?

The Stop Online Piracy Act, hereafter referred to as SOPA, was introduced in the House of Representatives on October 26, 2011 by Mr. Smith of Texas for himself, Mr. Conyers, Mr. Goodlatte, Mr. Berman, Mr. Griffin of Arkansas, Mr. Gallegly, Mr. Deutch, Mr. Chabot, Mr. Ross of Florida, Mrs. Blackburn, Mrs. Bono Mack, Mr. Terry and Mr. Schiff.

What concerns manyof those who oppose the bill is the manner in which SOPA seeks to stop online piracy. It is a long bill, so I will pinpoint areas I have seen that others have discussed, however, I encourage you to please read the bill for yourself.

I will be referring to the H.R. 3261 – Stop Online Privacy Act link in the following points:

Page 10.1 —-

Sec. 102 Action by Attorney General to protect U.S. customers
and prevent U.S. support of foreign infringing sites.

Sounds okay, right? I mean, we want our government to protect us, right? And they do have a few pages there that discuss how they find the owner of sites and order them to stop doing what they do not like. Then we get down to page 13, lines 21-25, and page 14, lines 1-10:

(i) IN GENERAL. — A service provider shall take technically feasible and reasonable measures designed to prevent access by its subscribers located within the United States to the foreign infringing site (or portion thereof) that is subject to the order, including measures designed to prevent the domain name of the foreign infringing site (or portion thereof) from resolving to that domain name’s Internet Protocol address. Such actions shall be taken as expeditiously as possible, but in any case within 5 days after being served with a copy of the order, or within such time as the court may order.

Move on down to page 15, lines 11-20, and we have…

B) INTERNET SEARCH ENGINES.—A provider of an Internet search engine shall take technically feasible and reasonable measures, as expeditiously as possible, but in any case within 5 days after being served with a copy of the order, or within such time as the court may order, designed to prevent the foreign infringing site that is subject to the order, or a portion of such site specified in the order, from being served as a direct hypertext link.

Now it is possible that your favorite picture site will be compliant and remove all images that infringe on any copyrights, but if they don’t then the entire site is likely to be blocked by search engines so you can’t find them via a search engine anymore. And, even if you do have them bookmarked or the URL memorized so do not see why them no longer showing up on a search engine is a bad thing, page 15 line 21 kicks off another reason why you should be worried about SOPA.

That is where they specify that if you pay to use the legal parts of a website that has illegal content on it, that your payment network can still block you from making subscription payments to that service.  Ending your ability to subscribe to it from within the United States.

What is of concern to manyis that by providing any sort of service where persons can communicate (think about your favorite forum or social networking site), or post content for others to download (think about your favorite file or document or image sharing site), the site owner can be held liable if their site is used for illegal purposes. Not the entire site, if just a portion of it is used for illegal purposes.

It is good to have someone make sure that your site is are not being abused or used for pirating, but as SOPA stands now, I would have to completely close my sites to comments (including my forums) so I could read EVERY comment before it was posted or I would face a $2,000,000 fine and prison time. For multiple cases a $5,000,000 fine. (And note that the same bill has $5,000,000 as the fine levied for someone that intentionally causes harm or death to someone or who shares military or government secrets – WHY is murder and treason comparable in fine to sharing two songs online????? Shouldn’t murder and treason be a bit more serious than an artist losing the sale of a .99 cent song???)

If I just leave my sites (as I have been known to do – a LOT), and someone posts links to where a movie can be downloaded (which BOTs do, a LOT), then under the SOPA bill I am held liable and fined multiple millions of dollars, plus whatever the entertainment industry decides to fine me for their lost income.

I’m in the US, and as far as I know all of my sites are too, but if a site is not in the US, and the site owner is not in the US to be dealt with personally by the laws of the US, then the Attorney General can order search engines to block your ability to see the site. (Section 102(c)(2)(B) as indicated in excerpt above – (Page 15, Lines 11-20)) That means the Attorney General decides to black out sections of the online world to US citizens. For their own good of course.

The scary part is, we, the people of the United States, would be giving our government the right to decided what sites need blocked from us. How easily could that power be abused?

And that is just part of what makes SOPA scary. I can’t go into full details in this post, so for a very good look at just what SOPA would mean, check out Why SOPA Is Dangerous byChris Held over at Mashable. He breaks it down into easily understandable language, but you still owe it to yourself to read the full bill and see just what it has to say for itself.

This post is VERY long, so I am going to break this discussion into a series of posts. Tomorrow I will tackle the next part of it: the Internet Strike and what happened with websites all across the Internet going dark for a day. I think if you read SOPA between now and then, you will understand why the sites felt it was necessary before I can get that post made, but come back anyway, I have some pictures of some of my favorites that I will share in tomorrow’s post. Then tomorrow or Monday I will get to why the Justice Department took down Megaupload and what you should know about Anonymous’ strike back, and why everything might have just been poorly timed events that snowballed to create the chaos it did.