Washington Insiders Are Literally in Shock
They knew SOPA/PIPA was unpopular in the tech community, and most probably knew it was a bad law. But unpopular, bad laws are kind of normal around here. So is loud, hyperbole from interest groups. But the model that DC follows was pretty accurately covered by De-Tocqueville:
The laws of the American democracy are frequently defective or incomplete; they sometimes attack vested rights, or give a sanction to others which are dangerous to the community; but even if they were good, the frequent changes which they undergo would be an evil.
Let us now imagine a community so organized by nature or by its constitution that it can support the transitory action of bad laws, and that it can await, without destruction, the general tendency of its legislation.
What He’s Saying is That Our Laws Suck, But They Mostly Go Away
The Internet Community is Pretty Stunned As Well
The most current numbers I could find are at Ars Technica, Techcrunch, and the NYT technology blog. These may change, but it seems:
- 7 million people signed Google’s online petition
- 8 million Wikipedia visitors followed links to get contact info for congress
- Firefox users sent 360,000 emails to congress
- Craigslist generated 30,000 calls
- 115,000 websites participated in the protest
But these numbers don’t get at the depth of the movement. Google was not a leader, they added their power at the last moment. Wikipedia was the first of the major platforms to join, but it was smaller services such as Tumblr and Reddit, along with thousands of bloggers, and technology sites that kept the movement percolating and built the buzz.
But What’s Next?
Most of the big leaders are pointing out the battle is not over. The interests that fueled SOPA/PIPA still exist, and they aren’t going to quit. I think there is truth in that, but I also think it’s the wrong way to frame the inevitable sequel.
The interests of these big industry groups aren’t inherently evil. It’s true that the RIAA is mis-guided, self-destructive, and mean. And the MPA is, well, stupid. But stealing intellectual property is still wrong–though not in the way they claim. It’s easy to prove that letting people get free content usually leads to more purchases, but that isn’t the same as saying illegally providing someone else’s work, for profit, is acceptable.
But just because they are ossified, hide-bound dinosaurs doesn’t mean we shouldn’t at least try to find a way to solve a common problem without breaking the internet.
If Only We Knew Why They Thought This Would Help
One part of this discussion that has befuddled anyone who deals with Internet marketing is the complete ineffectiveness of this approach. Taking away a domain name, or blocking the listing for that name on a search engine is disastrous to a legitimate business. It destroys credibility, brand value, wipes out the chain of referrals, destroys the paths that connect the website to existing clients and customers.
But if you’re selling penis enlargers, fake prescription drugs, porn, or pirated movies, you don’t care about all that. Your primary marketing mechanisms are email spam, viral adware, links on comment boards, comment spam, etc. If someone does use a search engine to find you, they’ll keep looking. If your domain isn’t listed, some comment on some bulletin board will be. The link will be shortened, which the search engines won’t block.
If “stolenmovies.com” gets confiscated, you move your stuff to stolenmoveez.com. If you’re using link-shorteners and re-directs, you probably can re-route all the traffic with very little effort. Total cost: $7.99 for a new domain name.
This seemed so obvious that even the supporters who failed to grasp the ethical or technical flaws in the bill should have noticed.
So Why The Passion? Maybe There’s Something Else…
Not secret motives, just poorly expressed.
Yesterday, I attended a “hill briefing” hosted by TechFreedom and the Cato Institute. Not my normal end of the political spectrum. I asked the panel, and most agreed with me that this couldn’t possibly have an effect.
But one panelist disagreed with me. James Gattuso, from the Heritage Foundation (really not my political norm), said his understanding was that domain name seizures would place an economic burden on rogue sites, as the tried to portray themselves as legitimate businesses.
In my mind, I argued back that the “legitimate business” percentage was small, at best an anomaly.
But…
If you restrict the discussion to these public-facing sites that carry an air of legitimacy, then it is true. Seizing their domain names, or forcing a de-listing, does make them look more like criminals. I spoke with him afterwards, and I think we agreed that this could be the real driving force. Not the amount, economic impact, or practical accessibility–but the public acceptance of these sites is driving the MPA/RIAA crazy.
Some of These Place Should Be Shut Down
I don’t know if Megaupload is one of them. But the DOJ went after it, and the existing laws are working. It seems to be some combination of legitimate business model and illegal file-sharing, but the courts will have to decide how much. The internet vigilante group, Anonymous, has decided to “punish” those who dared to attack the site.
Many of us have uncomfortable feelings about Anonymous and other groups, such as LULZsec. What they’re doing is probably wrong, but often their targets are people and institutions we don’t mind seeing humbled a bit. Vigilantism is something people turn to when they are refused redress through normal processes. By it’s very nature, it is not accountable. While the original motives may be pure, there are no standards to tell the vigilantes when to stop. Also, it’s addictive. Righting wrongs is fun until you run out of wrongs, then you start to make some up.
We’ve learned something really important–we do have a legitimate voice. We need to make clear, perhaps clearer than we have in the past, that groups like Anonymous and Lulzsec don’t speak for us. They may be a symptom of a bigger problem, but that’s not the same as medicine.
Bonus Paragraph:
A couple side-notes to the Megaupload story:
Google had long ago cut the site off, refusing their add money in 2007.
Megaupload is back up, on different servers and using a different domain name. Probably they did lose most of their legitimate business connections, but if they do have a revenue stream from piracy, it will likely continue.