Should Congress Pass Anti-Online Piracy Legislation? >
Stop Online Piracy and PROTECT IP Acts Do More Harm Than Good
SOPA and PROTECT IP do more harm than good
December 21, 2011
About Andrew McDiarmid:
Andrew McDiarmid is a policy analyst at the Center of Democracy and Technology's Washington, D.C., office. He works on policy issues related to digital copyright, free expression, and Internet neutrality. Prior to joining CDT, McDiarmid was a research assistant at the Samuelson Law, Technology, and Public Policy Clinic at the UC-Berkeley School of Law, where he researched a range of issues including electronic surveillance and licensing solutions for peer-to-peer networks.
There are steps Congress should take, but two bills under active consideration should not pass in their current form. Both the House's Stop Online Piracy Act and the Senate's PROTECT IP Act call for a form of Internet filtering that would do very little to stop infringement while imposing severe costs to cybersecurity and online free expression.
The bills would allow courts to issue orders requiring ISPs and other operators of domain name system (DNS) servers to take steps to prevent access to sites found to be dedicated to infringement. The problem is that the steps these entities would take do more harm than good. Think of the DNS as the Internet's 411; it translates domain names like 'usnews.com' into IP addresses like 208.77.248.169 that computers and routers understand. Every time you visit a website or send E-mail, the first thing that happens is your computer asks the DNS for the IP address associated with the domain name you requested. So filtering out a DNS query is akin to blacking out a number in the phone book—without doing anything to the phone number itself or the infringing activity behind it.
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With the infringing sites still online, DNS filtering is trivial for anyone to get around. There are millions of DNS servers in the world to choose from, and countless other ways for find the right IP address for a website. Indeed, these two bills have not yet passed and we have already witnessed the launch of several browser plug-ins and other workarounds. The idea that this tactic would have an appreciable impact on infringement is pure fantasy.
To add insult to ineffectiveness, prominent cybersecurity experts including a director at Sandia National Labs have warned that the steps users will take to circumvent the orders will expose U.S. networks to increased cybersecurity risks. DNS spoofing—where an attacker replaces the answer to a DNS query to redirect someone to a malicious site—is a major problem that will likely increase as users redirect DNS traffic to potentially untrustworthy servers. In addition, mandated DNS filtering would seriously impair the deployment of DNS Security Extensions (DNSSEC), a critical update designed to prevent spoofing.
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If despite these costs the United States were to embrace DNS filtering as a means to go after online activity, it would be a major setback for global online freedom of expression. The United States actively argues against Internet filtering by repressive countries, and Secretary of State Hillary Clinton has forcefully promoted the idea of "one Internet" that looks the same no matter where you connect. How can we be taken seriously arguing the importance of unfettered access to a single, global Internet if our Congress is trying to create our own domestic firewall and blacklist? There are other enforcement actions in the bills, namely targeted actions aimed at cutting off infringer's financial resources—that will be more effective and not threaten all this collateral damage. Congress would do well to focus on those remedies and avoid the one where the costs outweigh the benefits.
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- Other Arguments
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#214517
No — The proposed "anti-piracy" legislation is dangerous and unconstitutional
CORYNNE MCSHERRY, Intellectual Property Director at the Electronic Frontier Foundation
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#312418
No — Congress doesn't have, and apparently doesn't want, dissenting information on Internet-piracy acts
DAVID SEGAL, Executive Director of Demand Progress
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#412419
No — U.S.-based blocking of supposed "pirate" domains will be easily bypassed
JULIAN SANCHEZ, Research Fellow at Cato Institute
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#526134
Yes — Online piracy threatens the safety and security of Americans while undermining the U.S. economy
STEPHEN COX, President and CEO of the Council of Better Business Bureaus
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#623132
Yes — The PROTECT IP and Stop Online Piracy acts provide a treatment for the online plague of piracy
STEVE TEPP, Chief Intellectual Property Counsel for the Global Intellectual Property Center at the U.S. Chamber of Commerce
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#723139
Yes — Congress must address copyright theft, which costs jobs and threatens creativity
SANDRA AISTARS, Executive Director of the Copyright Alliance
Reader Comments Read all comments (2)
ralph tyler of NM 6:30PM December 21, 2011
Rocco Taco of VA 9:48AM December 21, 2011