The topic featured center of most water cooler talk this past week has most certainly been about Senate bill 3261, otherwise known as Stop Online Piracy Act (SOPA).
While the proposal was made before the House nearly 3 months ago, hardly anyone knew of it's existence until a coordinated internet demonstration was made by thousands of websites on January 18th. Most notably, and perhaps the demonstration with the most impact, was the blackout service of the English interface of Wikipedia to raise public awareness.
What? Wikipedia down for 24 hours to demonstrate against a piece of U.S. Government legislation?! Shit. Wikipedia is my lifeline for almost all trivial and non-trivial knowledge (but mostly trivial) - so this legislation must be evil, right?
Public demonstrations are a perfectly healthy function of any democracy as they bring awareness to the masses. At the idealistic core of democracy, the intent is for the people to decide what's best for them and let the majority rule. If people aren't aware, then that cannot happen and decisions will inevitably be made by a small group of individuals who are informed and aware. So demonstrations are good, because they can put important issues at the forefront of our collective conscious and people can get involved. Herein lies the issue: the simple fact that most individuals take little to no initiative to sort out what might actually be best, and inevitably, the "majority" becomes a manifestation of uninformed individuals caught in the wake of a minority pursuing their own interests. And the adhesion that permits this type of herding to happen, usually involves some level of information filtering, twisting of facts, manipulation of data, melodramatics or down right lying.
Now, I'm not explicit in stating that Wikipedia, Reddit, Google or the various other heavyweights that have demonstrated an active stance against this legislation are dutifully employing any of those tools manipulation. However, what does concern me is that these players are taking such an active role on any topic matter. These amalgamates wield so much influence by virtue of the fact that they are the modern gatekeepers of information and I hope we never become so blind to the fact that the switches and doorways to a vast majority of information that we consume is controlled by a small minority of individuals. While that has always been the case throughout history, with perhaps exception to the infancy stages of the internet, that is, the short period of time before the information nexuses developed across the web, it becomes evermore relevant in the sense that information has never been so widely available, easily accessible and quick to travel as it has since the advent of the internet. And that fact alone is a powerful and dangerous element that can give us the sensation that we are free to choose what information we consume. The reality is, that without extra effort, we are only exposed to what search engine algorithms yield. But that sensation of freedom only makes it that much more difficult for us to see through, puncture or unravel the illusion that we are in control, and have free access whatever information we want.
In the past week, I've read numerous articles on the topic and in the comments that follow these articles, there seems to be a unanimous, across the board attitude that SOPA is complete bullshit and it's going to destroy freedom of speech on the internet, etc. etc. The vast majority of these sentiments expressed in opposition of the legislation make little to no effort to make a case as to why SOPA is not good for me. The statements typically range from blanket statements like "They can't control us! That's unconstitutional!" to "Fuck SOPA!" to downright personal insults toward the Senator who proposed the bill. Sadly, I'd expect this type of mobbing from individuals who don't have access to information to formulate an informed opinion. But clearly, if they're posting their non-constructive statements on the web, then all the information they need is at their fingertips.
If the intention of Wikipedia, Google, and other's who publicly take opposition toward SOPA is to get the masses riled up and rally against this proposal, then I'd say they've far exceeded their goal. However, how many of these guys have made any effort to clearly separate the intent of the SOPA from it's methods of implementation? And the alleged implications of what such methods might have against the freedom of speech and expression. From what I can gather, there is absolutely nothing about SOPA that intends to censor LEGAL content on the internet. It targets illegal content. Illegal content that is hosted by foreign service providers. In fact, the first sentence of any significance in the mangers amendment of SOPA clearly states: FIRST AMENDMENT.—Nothing in this Act shall be construed to impose a prior restraint on free speech or the press protected under the First Amendment to the Constitution. Hmm… for a bill painted as the worse thing since communist China, that seems pretty benevolent.
Here's the deal. And perhaps this is where I fully expose my naivety toward how the world works altogether - but imagine you're a congressman and one the issues that continues to dog you like a flea is unemployment. In your limited capacity to make a meaningful contribution of any significance toward the issue, you begin asking yourself questions like "what are the strengths of America that we could draw upon to improve the job situation?" and "what industries are forward looking?" you'll probably come up with a list of things orbiting around innovation, technology, creative content, etc. If you don't believe America has created arguably the best platform for entrepreneurialism on the planet, then do yourself a favor and find several people who have immigrated to the United States of America, especially those whom are business owners themselves, and ask them why they came to America and you'll probably get the same answer that you would have over 100 years ago - America is the land of opportunity and has a system that gives you a fair fighting chance to be successful.
Now, back to our congressman. If you're that congressman you have a number avenues that you can pursue to support these industries and ultimately put people back to work. Let's see, you can propose a bill to blindly throw money in general directions, in hope that some of the funding will actually spur on the economy as intended, sans any real plan - but we know how well that has worked in recent times. Or you can look at the problem differently. You can ask the question what areas of the current system could stand to use some maintenance? Where are the leaky pipes and how can we patch those up? Well, as it turns out, according to the Judiciary House website (I didn't take the time to validate this figure) America supposedly loses over 100 Billion dollars every year. While that is just a small fraction of the US GDP, that's no number sneeze at. Especially when considering that number supposedly represents the money that is being directly stolen out of the pockets of American's and not accounting for losses attributed to companies that teeter on the threshold of make-or-break and inevitably evaporate thus costing individuals jobs, or opportunity cost associated with further developments not being funded through additional profits. So again, if you're that congressman and you see this "leak" in the pipework, what are you going to do? Your job is propose bills that you believe is going to improve the situation. If you look at the attitude publicly demonstrated by Lemar Smith, the congressman who is offering SOPA, to my knowledge, there is nothing that suggests that he simply isn't trying to put forth a solution that ultimately curbs the type of perils that threaten to undermine the very framework that makes U.S. a place where innovation continues to thrive.
It's really no different from putting laws in place that prohibit people from walking down the street and looting from local merchants or unlawfully conducting business in any shape or form. The landscape of the U.S. commerce scene is built on layers of regulations that are fundamentally grounded on their state constitutions and ultimately the federal constitution. These regulations are designed to protect the consumer just as much as they are the merchant and vendor and that's exactly what gives free-trade a chance in hell to work. Now where it becomes sticky, as it always does, is when we crossover from the concrete realm to the virtual. For instance, if some crooked merchant from Russia tried to open up a shop on the streets of anywhere USA selling counterfeit merchandise, pirated software, potentially harmful prescription drugs, he would be put out of business immediately and would anyone care the less? Probably not. But the difference here is that the potential threat happens to fall conveniently under the reach of the law's arm. Whereas service providers on foreign shores, do not. And so what is the U.S. to do to protect their investments? Well, we can play this game both ways. Would it be fair if because one merchant, say somewhere on the Embarcadero was offering counterfeit DVD's or, heaven for bid, child porn - should everything between Sacramento and Clay street be shutdown? No. But that's not the issue that we have been focusing on. And we should be. Not distracting the masses by infusing fear that the U.S. Government is trying to "CENSOR CONTENT ON THE INTERNET". That's bullshit.
There is something that fundamentally bothers me when large forces of influence become active politically. It doesn't matter if it's the corporations with fat wallets lobbying behind congressman on Washington hill or the gateways that broker information into our very own homes. There is something about consorted political activity from big organizations that usually reeks of self-serving interests. Look, I love the products and innovations that the guys from that multi-colored outfit in Mountain View bring us just about as much as anyone I know. But that shouldn't make them exempt from having their motives examined.
Let's assume that you are in the business of internet search. At some point you must submit yourself to a philosophy of turning a blind eye to the information that your creation brokers day-in and day-out. As soon as you get involved, you take a stance, you have a position and that's liable to create a watershed between those who agree with you believe and choose to continue using your service, and those who do not. Not only does it keep your hands clean and dry, but people get what they want. It's a WIN/WIN all around. And through this remiss, you find that business may actually be better. Your market capacity is uncapped. You're addressing an unwavering demand with an unabated supply. The only thing that stands between you and your ultimate potential, is the efficacy of your algorithms. Your job is to put people in touch with the things they want. It turns out, one of your big sources of income is through advertising to the clients of whom you provide your service to - and why not? You have a captive audience in pursuit of all things that interest them. It's like being a store that carries everything that everyone wants, always. You can care less what they are after as long as your clientele continues to grow and they keep clicking the links that puts pennies in your pocket. You're riding high off of peoples desires. You are essentially turning a buck off everyone. Again, you're giving the people what they want and bringing business and notoriety to everyone else. What's there not to love about the service you offer? Somehow you've found the perfect niche and as long as the internet remains unregulated and free, nothing will stand in your way.
Yeah, I can see why a business that fits that type of profile might object or even go as far as to demonize an effort to curb activity that bolsters a significant share of their market. They're already beyond the moral implications that their service may entail. If they weren't, they wouldn't rise to the success they've obtained thus far. And frankly, should such a legislation be passed, not only does that potentially bring upon an atrophy to a large segment of their business, but it puts them right smack-dab in the center of this legal quagmire. With great power, comes great responsibility. And we all know that constant legal legwork, which literally transformed from a lucrative clientele segment to a business overhead, can't be any good for business...
I'm not saying that measures put forth in the SOPA are the right way to address the problem it's trying to solve. But I do believe that we should not neglect the core intentions of SOPA as what it's attempting to curb does threaten to undermine the very framework that allows businesses to thrive, which translates to jobs and a healthy economy. And to those who are in control of brokering the information that we rely upon, have just as much of a responsibility to not allow their private interests deter the masses away from seeing that.