A SOPA wrap up - an ad kid’s point of view

What is SOPA?

SOPA (Stop Online Privacy Act) is an American bill that triggered a ‘blackout’ by online encyclopaedia, Wikipedia, and widespread outcry by many other web services in protest of the proposed legislation.

Where did it come from?

Introduced as recently as October 2011, the origins of the SOPA bill stem from the PRO-IP act of 2008, which imposes civil and criminal penalties for trademark, patent and copyright infringement.

SOPA proposes to takes this act a step further, by introducing powers that allow US government agencies and copyright holders to seek court orders against US and non-US websites infringing copyright or facilitating copyright infringement.

What does it mean for advertisers and agencies?

If enforced these court orders could lead to:

  • Advertising networks pulling ad inventory from accused sites - reducing the reach of advertising content.
  • Search engines un-listing sites from search results - reducing the visibility of brand sites in search.
  • ISPs blocking access to accused sites within the United States - blocking brand sites from US audiences.
  • A maximum penalty of 5 years for ten proven infringements - advertising professionals could potentially face a stint in the state penitentiary for streaming copyritten content.

In principle the concept of protecting the rights of content creators and IP owners is a valid one, but will SOPA punish the user or the perpetrator?

The argument for SOPA

Copyright and IP owners, which include us and our clients, loose millions through copyright infringement. This law, if passed is designed to protect our American counterparts and hold accused parties accountable for copyright infringement.

As Jon Snow so eloquently put…

“The effort to stop free access to other peoples’ work is a conundrum: I love free access: I love being paid for work that I do…”

The argument against SOPA

Opponents to the bill argue that the implications of such a bill are far reaching, detrimental to the global internet industry and in violation of civil liberties enshrined in the US constitution.

Digital pirates

If SOPA was introduced in its current guise, internet pirates would still be able to operate by simply making pirated content available everywhere else but in the US, whilst punishing the end user by blacklisting/censoring sites that may have wittingly or not fallen foul of the law.

Enforcement

Enforcing such a law presents practical and financial challenges that many opponents believe could cripple internet companies and stifle the development of new technologies and media.

Any company with an internet presence would have to step up their own checks and balances to ensure they were not publishing any content that infringed copyright, such as YouTube videos or Flickr images. They would also have to ensure they were not driving traffic to sites that infringed copyright laws.

Managing resources

The resources required to stay on the right side of the law challenge the operational viability of any business with a significant and dynamic web presence due to a need for constant monitoring tools or human resource. Internet businesses with user contribution and sharing at their core immediately become less attractive as capital investments due to these resource demands and the increased risk and cost of litigation.

Consumer culture

From a commercial perspective the opposition is understandable and justified, however from a consumer perspective SOPA threatens the collaborative and creative culture of the internet that has emerged in the last decade.

Imagine Facebook without links to your favourite website, Twitter without links to ‘news’ or the internet without LOLCats -  in a world where SOPA is a reality, that would be the reality. In an attempt to cleanse the web of copyright infringement, SOPA could suppress the distribution of content, threaten the ‘user generated’ culture that has defined ‘Web 2.0’ and unintentionally criminalise the general user.

Policing the internet

Whilst SOPA is causing uproar in America, the recent blackouts have had a tangible impact on internet users outside the States and are a symbolic reminder of the potential impact of American legislation on the rest of the internet enabled world. This not only raises the question of piracy but also one of the policing of the internet.

For years the internet has been a borderless state, governed by a mutual understanding and shared values. It is naïve to think that a ‘mutual understanding’ in this day and age is enough, but is this act the solution?

As the internet matures, nation states are drawing boundaries defined by how far they can extend their legislative powers and protectionist behaviour, which may infringe on the freedom many enjoyed and relative few have abused.

To find out more about SOPA, Google it. If SOPA is passed your search results may look very different.