November 12, 2011
Dear Congressman Thompson:
I am writing to you about the "Stop Online Piracy Act" (SOPA), H.R. 3261. The version introduced in the House October 26, 2011 is unacceptable. Please vote it down and return it to the Judicial Committee.
I believe:
- We should no more tolerate piracy on the internet than on the high seas.
- The U.S. must become more effective at prosecuting digital crime from abroad.
- Laws protecting property must not unreasonably burden the innocent.
- We do not protect freedom, creativity or innovation by having Governments block the internet.
The Digital Millenium Copyright Act (DMCA) is good at protecting copyrights inside the U.S. SOPA did not need to modify it. But crimes perpetrated abroad require additional tools to block monetary transactions, to extradite suspects for prosecution, and to seize the assets of convicted offenders. The excellent FBI work publicized November 9, 2011 demonstrates that when nations work together, internet criminals abroad do not escape prosecution. SOPA should have focused on ways to bolster international cooperation and coordination, and left the DMCA alone.
- SOPA Sec. 102 (c) (2) (A) unfairly burdens internet service providers (ISPs). They are independent businesses, not internet police. It is wrong that they be forced to block access to domain names. ISPs pass the cost of network administration along to their customers. SOPA would turn ISPs all over the country into Government pawns and conceal the expense of this mischief from U.S. taxpayers. Well orchestrated FBI take-downs, such as the one reported November 9, 2011, are a better approach.
- SOPA Sec. 102 (c) (2) (B) is unnecessary. Search engines are very mindful of the DMCA.
- SOPA Sec. 102 (c) (2), (C) and (D) should have been worded more like in the DMCA so that payment network providers and internet advertising services have safe harbors just like everyone else has now.
- SOPA Sec. 205 is intended to facilitate the defense of American intellectual property rights abroad, but it entirely neglects ACTA, one of the most promising international tools. U.S. law needs to complement and positively influence ACTA, not ignore it. ACTA might evolve into the best tool of all. The U.S. and its partners need to collaborate on a clear, broad, robust strategy to bring internet criminals to justice. Congress should work with the State Department to seek additional input from academics in technology and international law and brainstorm how best to catch criminals, not resort to blocking domain names. Internet criminals are smart and persistent, and they learn quickly how to bypass quick technological fixes. This is more than a slippery slope. If you escalate, step by step you gradually destroy the free, open internet. Internet censorship may be how the Communist Chinese like to attack problems, but I urge you instead to find an effective American way - a way that brings the criminals to justice, while keeping the internet open and free.
Respectfully,
