#NJ: I hear your concerns re: #PIPA loud & clear & share in these concerns. I’m working to ensure critical changes are made to the bill.
InTheCapital |
The view from inside DC. Tech/Startups. Politics/Media. City Life. The Inspiration, and random thoughts of the InTheCapital.com team. |

By Charlie Warzel / @cwarzel
We will be updating this post with reactions as they appear…
It would appear, ladies and gentlemen, that the internet truly has won. That’s right, Rep. Lamar Smith (R-TX), the leading advocate and sponsor of the Stop Online Privacy Act, has agreed to pull the legislation from the House. This comes just hours after Senate Majority Leader, Harry Reid (D-NV) tweeted that he was delaying the PIPA vote in the Senate. Here are the sweet, sweet words of retreat, straight from the horse’s mouth:
I have heard from the critics and I take seriously their concerns regarding proposed legislation to address the problem of online piracy. It is clear that we need to revisit the approach on how best to address the problem of foreign thieves that steal and sell American inventions and products.
Ka-boom.
The Reaction…
Overwhelmingly positive. Even ‘he who must not be named’ is on board:
Hacker collective, Anonymous celebrated the win, but cautioned that the fight is still on-going:
Facebook said on their Washington DC page that they were relieved:
Rep. Darrell Issa (R-CA), staunch opponent of the bill was in good spirits, receiving kudos from the online community:
How it Happened…
On Wednesday millions of people took to the internet in protest, and their voice was heard by Congress, many of whom took to Twitter to ‘re-examine’ the bill (via Twitter’s Adam Sharp’s Storify):
The result looked a little like this (via ProPublica’s SopaOpera):
![]()
[image via reveredreview]
By Charlie Warzel / @cwarzel
This morning, Senate Majority Leader Harry Reid said the controversial anti-piracy legislation would be pushed back from its scheduled time necktie Tuesday.
Here is the quote via a Tweet:
‘In light of recent events, I have decided to postpone Tuesday’s vote on the PROTECT IP Act,’

By Charlie Warzel / @cwarzel
A lot happened yesterday on the ole world wide web. We’ve personally posted thousands of words and read hundreds articles on the subject and, let’s be real, here, some of this stuff isn’t exactly riveting. We get it. There’s no denying though that yesterday was a remarkable day not just for opponents of SOPA, but for the internet and advocacy in general. Yesterday, ladies and gentlemen, we saw the raw, ultimate power of the internet rear it’s binary head. People stepped up. Minds were changed. And all of it cost barely a dime. Here’s what happened yesterday.
2.4+ million SOPA-related Tweets from 12am-4pm ET today. Top 5 terms: SOPA, Stop SOPA, PIPA, Tell Congress,#factswithoutwikipedia
— Twitter (@twitter) January 19, 2012
Even Jon Stewart chose to weigh in on the debate, absolutely skewering lawmakers for their ignorance as to how the internet works, and their for choosing to refer to tech experts as “nerds”. This is required watching.

Lastly, here is Google’s SOPA infographic. It shows just how vocal the internet community has been since SOPA/PIPA’s introduction to congress.
We at InTheCapital and BostInno would like to tip our cap to everyone who stood up yesterday and continues to stand up for a free internet. The fight is in no way over, but the people have been heard and that’s a rare thing these days in Washington.
Sources:
[Lead Image via Michael Appleton, New York Times]

By Charlie Warzel / @cwarzel
We’re well into the 16th hour of what I like to call ‘the dark times’.
Wikipedia? Blacked out. Reddit? dark. Thousands of sites and personal blogs have followed suit, causing folks everywhere to join the protest and lawmakers to rethink their positions.
Jenna Wortham, a tech writer for the New York Times said it beautifully on her front-page article this morning calling it, “a political coming of age for a relatively young and disorganized industry that has largely stayed clear of lobbying and other political games in Washington.”
Jenna is dead on here and the proof is in the the reaction from Congress and even the creative community in Hollywood and beyond. As the voice of internet advocates grows increasingly loud, some lawmakers are readjusting their position on the legislation.
Notable from this morning, Facebook’s Mark Zuckerberg, who had been quiet until now,released an official statement cementing Facebook’s (already well known) stance on SOPA:
The internet is the most powerful tool we have for creating a more open and connected world. We can’t let poorly thought out laws get in the way of the internet’s development. Facebook opposes SOPA and PIPA, and we will continue to oppose any laws that will hurt the internet.
But Zuck was just the beginning.
This afternoon I took a video of real-time tweets tagged with #SOPA. The tweets cascaded through my feed so rapidly I took a video. The velocity is truly impressive:
Turns out, this velocity is turning serious heads in Congress, causing prominent SOPA/PIPA supporters to backpedal on the legislation.
New Jersey Sen. Robert Menendez:
Arizona Rep. Ben Quayle’s spokesman said this about the Congressman’s position in thePhoenix New Times:
“Congressman Quayle strongly believes that something must be done to combat rogue websites that steal American intellectual property,” Howell says in an email. “This is a serious matter that costs businesses billions of dollars and destroys American jobs. However, Representative Quayle believes that as the bill currently stands, it could have unintended consequences that need to be addressed before moving forward and these concerns led him to withdraw his name as a co-sponsor.”
Other lawmakers like, Congresswoman Anna Eshoo (D-CA) have ardently oppsed SOPA, even going so far as to ‘black out’ her Congressional web site. Rep. Eshoo released a statement on the matter:
“History is being made by the more than 10,000 websites that have chosen to boycott SOPA by participating in today’s blackout…Members of Congress need to hear about the consequences of SOPA, and when they do, they’ll learn of the serious consequences to the Internet the bill poses. It’s time to pull up the emergency brake on this legislation.”
Today we also saw a bold play from members of the entertainment community:
An ‘Open Letter to Washington from Artists and Creators‘, a sizeable list of popular actors, writers, and musicians, was also published today lashing out against SOPA/PIPA. Here’s an excerpt:
We, the undersigned, are musicians, actors, directors, authors, and producers. We make our livelihoods with the artistic works we create. We are also Internet users….As creative professionals, we experience copyright infringement on a very personal level. Commercial piracy is deeply unfair and pervasive leaks of unreleased films and music regularly interfere with the integrity of our creations…We, along with the rest of society, have benefited immensely from a free and open Internet. It allows us to connect with our fans and reach new audiences. Using social media services like Facebook, Twitter and YouTube, we can communicate directly with millions of fans and interact with them in ways that would have been unimaginable just a few years ago.
The letter is signed by the likes of Aziz Ansari, The Lonely Island, Trent Reznor, and Adam Savage of MythBusters fame. Yes, even members of the entertainment community don’t support their own bill. This should speak volumes.
Don’t be fooled though, there are still a fair share of SOPA proponents. The MPAA called the SOPA blackouts ‘a gimmick’ while mogul Rupert Murdoch spit some serious fire against his vague enemy, ‘the blogosphere’:
With all the fanfare surrounding the blackouts and public protests today,it is important to remember there are still a great deal of powerful people in support of SOPA. Today, a House staffer told us via email that, “[Rep.] Lamar Smith is defiantly planning to push forward with the bill before long, and Harry Reid has already filed for cloture in the senate, so it’s definitely not dead.”
There is no doubt that there is still a battle to be fought for SOPA, but, by all accounts, it appears that the wild outpouring of support from internet advocates has more than leveled the playing field in Washington–it has completely reversed the terrain. Bijan Sabet told us last month that, “The tech community by and large doesn’t do what the Hollywood community does, ordinary citizens don’t do this stuff, it’s like we brought a water pistil to a gun fight.” While the Hollywood lobbyists and pro-SOPA lawmakers still have an impressive arsenal at their disposal, there’s no doubt that the tech community has brought some big guns to the fight as well.
CLAY JOHNSON’S BETTER ACTIVISM DAY LIVESTREAM EVENT
By Charlie Warzel / @cwarzel
Here is a great resource for you throughout the day. Clay Johnson, Co-Founder of Blue State Digital and author of ‘The Information Diet’ is hosting an all-day event to engage an audience and discuss the internet, media awareness, how Washington works, and how YOU can get involved. If you have some time today we strongly suggest giving this livestream a whirl.
Here’s how Johnson described the event:
I’m holding a “Better Activism Day” with my friends at O’Reilly and PopVox. — a livestream of experts, most of the day, who will talk about how to improve your power in Washington from people who’ve been successful at moving it. It’s time we started getting some of the inside-the-beltway expertise outside of Washington.
Here’s the rest of the day’s schedule:
By Charlie Warzel / @cwarzel
Blackouts, markups, wordy 71 page bills, acronyms. SOPA, PIPA, OPEN Act. What the hell is going on over here? Where do we stand?
If you’re reading this now and want to look up some of these terms, you won’t be able to look them up on Wikipedia or jaw about the bill on Reddit–the sites are currently ‘blacked out’ in protest of the anti-piracy legislation currently rippling through Washington and internet communities across the globe. Right now there are at least 85 registered sites going dark in opposition of SOPA and urging users to call their representatives. If Tumblr’s blackout last November is any indication, this very well may melt the switchboards down on Capitol Hill. Go ahead, look it up on Google. Chances are before you even enter in your search keywords you’ll notice Google’s logo is blacked out and see a link warning of SOPA/PIPA’s dangers.
Yeah, it’s that big a deal.
The SOPA/PIPA debate is so expansive that news surrounding the legislation seems to break hourly. BostInno and InTheCapital have teamed up to ensure that you stay current as this all unfolds.
HERE’S WHERE WE STAND
Stop Online Privacy Act (SOPA), the bill introduced in the House in October by Texas Congressman, Rep. Lamar Smith, (you can read the whole thing online here) looks to expand the powers of the Federal government to fight online piracy. Similary, the Protect IP Act (PIPA) is the corresponding bill introduced in the Senate last May by Sen. Patrick Leahy (D-VT). At first glance the bills sound innocuous enough. Stop intellectual property theft and piracy online. Who wouldn’t be onboard?
As always, the devil is in the details, which in Congress means the devil is buried in pages upon pages of wonky verbiage and excruciating jargon. Thankfully though, internet mavens like Boston Based investor, Bijan Sabet spoke up, and did so loudly.
“This very small group of special interests are really trying to take over the web and it has massive implications,” Sabet told BostInno via telephone. “It’s trying to allow one special interest group to have this unprecedented level of control over how information and communication works…sites like Wikipedia and YouTube could be taken down if you had one rogue user, the list goes on and on.”
It’s safe to say Sabet knows his stuff–he led Spark Capital’s investments in Twitter, Foursquare, Tumblr, and has served on the boards of some of the most prominent tech companies around–and what he sees in the legislation disturbs him deeply. To illustrate, Sabet drew us a comparison to a situation in which phone companies would be on the hook for the wrong-doings of an individual phone user.
“If I do something illegal using a telephone, the authorities have every right to come after me for doing something bad, like if I’m selling illegal products or doing something that’s against the law. As an individual I’m accountable for my actions, but the phone company can’t be shut down because you have one bad apple using the phone, let’s say, to sell pirated music or something like that. What SOPA is trying to do is basically take this very heavy-handed approach to user generated sites that would be in effect just like that example I shared, let’s say, going after AT&T for one rogue user. ”
Harvard Professor of Constitutional Law, Laurence Tribe noted the bills’ unconstitutionality on BostInno as well, citing that “its stiff penalties would pose a significant risk to legitimate websites and services. It would undermine the openness and free exchange of information at the heart of the Internet. And it would violate the First Amendment.”
Worse yet, Sabet warns that the bill creates dangerous opportunities for censorship without really addressing the core issue of privacy. ”Most of the piracy out there is based on companies that are not in the United States. The vast majority of where illegal music downloads happen is — these sites are not in the U.S. Pirate Bay is not a US company, Kazaa is not a US company. It’s kind of funny that they’re putting laws in place or they’re trying to put laws in place that regulate US companies and US companies are not the infringers,” Bijan told us.
Sabet happens to be in good company when it comes to these concerns. Also a vocal opponent of SOPA/PIPA legislation, Rep. Darrell Issa (R-CA) has made a name for himself in the tech community as an advocate for a free internet. Issa has gone so far as to propose an alternative to the legislation, the Online Protection and Enforcement of Digital Trade Act (OPEN), which is co-sponsored in the Senate by Ron Wyden (D-OR). OPEN looks to address concerns like Bijan’s, stopping money from flowing to foreign sites that pirate copyrighted software, movies, and other intellectual property. According to a great article by Ars Technica, “the proposed legislation would make copyright and trademark enforcement an issue for the US International Trade Commission rather than the federal court system.” Rep. Issa said yesterday during a live event broadcast by the Progressive Change Campaign Committee that he expects to have more cosigners in the House for OPEN than are currently in SOPA.
Okay, so that is admittedly a lot to take in. Here’s some cliff notes: There are three Bills. SOPA (house), PIPA (senate), and OPEN (both). [Below we’ve included a handy chart comparing the bills]
Rep. Smith plans to bring SOPA back up in the House in Feburary, while PIPA is slated for discussion on January 24th. Rep. Issa is planning to introduce OPEN officially any time now.
HERE’S WHAT WE’VE LEARNED
Simply put, don’t mess with the internet. If there is one salient thing to be gleaned from this overwhelming global event it is certainly that. You don’t mess with the internet.
Mr. Sabet told us that the legislation caught him and most internet users by surprise, asserting, “they tried to shove this bill through the process and the internet woke up and said ‘this is wrong!’ And now people are speaking up in a way that I’m excited about, but it’s going to be a really hard fight. Unfortunately there’s a lot of momentum on the other side to push something that looks something like SOPA through.”
Turns out the momentum is now gaining on the side of the internet. Marci Harris, CEO of PopVox, a non-partisan Washington-based website that helps constituents weigh in on congressional legislation, has seen a great deal of outrage on the site over the past few months and senses a trend. “I think this is a sea change. SOPA is evidence of what is happening. There are always two ways to implant legislation. You can lose money or you can lose people. Before you could always count money, but now you can count the people…there is a different level of transparency when you can identify something like that.”
The adamant backlash seen online is born out of a recognition that a serious disconnect exists between lawmakers and ‘actual internet users’. Sabet counts himself as one stunned by what he calls, “the lack of knowledge among some of the members about how the web works and what the language of the bill represents.” He says there is now ”a situation where you have clearly a few elected members who are deeply supported by the Hollywood community, so they did not have an open mind, and then you had people who didn’t understand the way the bill was drafted, they didn’t understand the implications of it, they don’t understand how the web works and they could not articulate what’s wrong with DMCA, the current law of the land, that everyone has been abiding by.”
We spoke to a House democratic staffer close to the legislation who also echoed similar words. While he wished to not be identified by name or Representative, he told us, “there is definitely a disconnect here. There were a lot of members and staff who don’t understand intricacies of the internet…when you have engineers and the pioneers of the internet saying this is a problem and when members of the bill don’t take that seriously you see that minds have been made up no matter what arguments are made.” To illustrate this point just last week, Vice.com published a story showing that Rep. Lamar Smith’s own website is in violation of the SOPA legislation.
Yesterday, Jayme White, Staff Director, Senate Finance Subcommittee on International Trade, too urged that the SOPA argument only serves to highlight a greater problem in Congress telling Congressional interns, “if you look at the legislation it shows proof that the system is broken.”
Responding to the outpouring from the internet community, the White House even felt compelled to issue a statement critical of the anti-piracy legislation and affirming the Executive branch would not be in favor of any bill that “reduces freedom of expression, increases cybersecurity risks or undermines the dynamic, innovative global internet.“
WHY THIS IS IMPORTANT
Yesterday, Reddit Co-Founder Alexis Ohanian spoke to an online audience via video chat and brought the argument down to it’s most relatable terms. “The world is not flat, but the world wide web is…there is no other industry in the world where you can take an investment that’s less than the cost of a Ford Focus, give it to some college students and create a $1 billion business.” He added that SOPA is “taking an already loaded gun and making it a nuclear warhead and that is something that I cannot abide by.”
While supporters of SOPA, like Rupert Murdoch (who has issued a series of acerbic tweets on the matter), argue today’s ‘blackout protests’ are a simple gimmick, the reasoning behind them is anything but gimmicky and there is a great deal at stake, economically.
Bijan told us during our call that, “One of the reasons all this stuff [innovation on the web] has happened and the reason that there’s been so much innovation in the social space is because there are no gatekeepers. You can have a company that has thousands of employees and it has built one of the most valuable companies in the world because they have not had to deal with gatekeepers, and if these companies can be shut down because of one rogue user it’s going to be less attractive to entrepreneurs, less attractive to venture capitalists, I don’t think you could have started a number of these sites if bills like SOPA were the law of the land.”
Lawmakers should do their best to heed Mr. Sabet’s words. At a time when the economy remains as fragile as ever, censoring the internet could have dire consequences and effect economic health and job creation in all sectors, not just tech. Perhaps Lamar Smith should consult the May 2011 report from the McKinsey Global Institute, which had some choice observations on the internet’s effect on economic health:
“The Internet accounted for 21 percent of GDP growth over the last five years among the developed countries MGI studied, a sharp acceleration from the 10 percent contribution over 15 years. Most of the economic value created by the Internet falls outside of the technology sector, with 75 percent of the benefits captured by companies in more traditional industries. The Internet is also a catalyst for job creation. Among 4,800 small and medium-size enterprises surveyed, the Internet created 2.6 jobs for each lost to technology-related efficiencies.”
BostInno and InTheCapital have chosen to join in support of a free internet. As supporters and chroniclers of innovation and as conscious American citizens, we believe a free internet is crucial to the development of a healthy America and positive change throughout the world.
By Charlie Warzel / @cwarzel
Finally, before we go to bed, here is a great SOPA video you all should check out. Tomorrow, we awake to a cold, dark interwebs.
By Charlie Warzel / @cwarzel
Google makes protesting look…well, pretty classy.
By Charlie Warzel / @cwarzel

This afternoon, Google made it’s first public mention in defiance of SOPA/PIPA. The search titan is looking to dip their toes in the protest pool by placing a link on their home page, which will let their audience know of the harmful qualities of the legislation. Here is what Google released via email this afternoon:
“We oppose these bills because there are smart, targeted ways to shut down foreign rogue websites without asking American companies to censor the Internet,”
CNET notes the placement of the link on the homepage:
“In response to questions about how the protest link would appear, Google said it would not replace the company logo.”
Google.com is the most visited site on the internet, with roughly 5.7 billion unique pageviews per month. No doubt that this will increase the visibility of this issue, which has already gained enough steam to derail legislation in Congress for the time being.
[Image via akascope.com]
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