Basic takeaway for me was dictatorships control by abject force, democracies keep things in check by pandering to irrationalism (ie. consumerism and mass media).
My take on this whole matter is perhaps framing this as a desire to protect Hollywood is a bit of a ruse. Wikileaks, the Middle East uprisings, Occupy Wallstreet, etc, are beginning to send a message.
Let's face it, the issues raised by SOPA and Protect IP have been a 'problem' for quite a while now. So why now exactly? And why has the public been almost completely unaware of this legislation? Technology is too enabling and things are happening too quickly. The US government is fearing a threat that things are about to run off the tracks. I consider this bill just one of many that will be coming down the pike in various forms - the meta message simply being a war against technology, or trying to contain it to keep the concept of American life in check. Now that the word is getting out about this a retreat and rethink is in order to figure out how to broach legislation that moves toward this goal. All the other side has to do is frame this as "we're moving toward being like China" and the propaganda machine is thrown for a loop, because clearly, that is the idea to be avoided. Our US concept of prosperity is defined by that contrast. It's the new Cold War. But China isn't the adversary. We are.
Apologies for the conspiracy theorist tone. But yeah, we're just getting started.
SOPA and PIPA aren't end-game plays, they're simply tactics in the ongoing culture war. Recent events, from Wikileaks to Anonymous and Occupy Wall Street, have put the spot-light on the internet crowd. Now, SOPA has flushed them out into the open.
If you win the battle, look to lose the backlash. Imagine how successful they'll be portraying the 'net crowd as disrespectful of property, lawless, elitist, anti-American and all that. This will become yet another one of these issues that shave off and mobilize some fraction of the electorate and get them to vote against their own best interests. Not only that, it will marginalize movements coming out of the internet; even if they just start that trend, this will all have been a huge success.
We know this, yet there is not much that can be done about it. Aside from the obvious, running for Senate and using your vote, what can be done to stop it? Someone with the right amount of money and enough motivation can pass just about anything, given enough time.
I think, instead of protesting SOPA (or the next bill), people need to devise a method or position themselves so that they're in the right places to protect the average Citizen from such policies. These bills will just keep coming. Screaming from the side line is no longer effective.
I've seen this same problem play out in a variety of contexts, and it looks to me like the line-item veto is the only thing that will prevent this corruption of the system we're seeing. While this idea has been a pet cause of conservatives for some time, it looks like supporters of liberty have just as much or more skin in the game as fiscal hawks.
Play out the following scenario in your head: it's late in the year, no budget has been passed by Congress (again), and suddenly some third-rail social program is running out of money. Congress passes a law to help the orphans and grandmothers, everybody climbs on-board with huge majority votes, and way in the back section is another version of SOPA.
If you're the president, what do you do? Note this is a much different political scenario than just threatening a veto -- this is asking if you're willing to risk pissing off huge special interests groups just to make a much smaller number of nerds happy. It's political math, and it works quite simply. You sign the bill, make a public speech about how bad the new SOPA is, and life goes on. If you're smart you send out mailers asking people to donate so you can get rid of the thing you just signed! One party will pick the "side" of SOPA, the other party will pick the other "side". In fact it doesn't matter whether you really support or oppose the bill, whoever paid for it got it passed, huge numbers of politicians got to oppose it, and the public can't point the finger at anybody. There's nobody to throw out of office. There's no feedback loop. The system is broken.
In my mind the only thing that is going to fix that is the line-item veto. A lot of state governors have it. I think it's about time POTUS got it also.
However, it's kind of like a last line of defense, where the rest of the defense is entirely broken. It's putting all your faith in that last line of defense, and hoping that the right scenario will play out. Eventually, it too, will fail. Still, the first line of defense has to be fixed. With that being said, it's a step in the right direction.
The Administration strongly objects to the military custody provision of section 1032, which would appear to mandate military custody for a certain class of terrorism suspects. This unnecessary, untested, and legally controversial restriction of the President's authority to defend the Nation from terrorist threats would tie the hands of our intelligence and law enforcement professionals. Moreover, applying this military custody requirement to individuals inside the United States, as some Members of Congress have suggested is their intention, would raise serious and unsettled legal questions and would be inconsistent with the fundamental American principle that our military does not patrol our streets. We have spent ten years since September 11, 2001, breaking down the walls between intelligence, military, and law enforcement professionals; Congress should not now rebuild those walls and unnecessarily make the job of preventing terrorist attacks more difficult. Specifically, the provision would limit the flexibility of our national security professionals to choose, based on the evidence and the facts and circumstances of each case, which tool for incapacitating dangerous terrorists best serves our national security interests. The waiver provision fails to address these concerns, particularly in time-sensitive operations in which law enforcement personnel have traditionally played the leading role. These problems are all the more acute because the section defines the category of individuals who would be subject to mandatory military custody by substituting new and untested legislative criteria for the criteria the Executive and Judicial branches are currently using for detention under the AUMF in both habeas litigation and military operations. Such confusion threatens our ability to act swiftly and decisively to capture, detain, and interrogate terrorism suspects, and could disrupt the collection of vital intelligence about threats to the American people.
http://www.whitehouse.gov/sites/default/files/omb/legislativ...
I mean, I really don't want to carry Obama's water on this one given that he did sign the bill, but you're just engaged in some sort of silly deliberate misinterpretation of the paragraph you quoted.
"Specifically, the provision would limit the flexibility of our national security professionals to choose, based on the evidence and the facts and circumstances of each case, which tool for incapacitating dangerous terrorists best serves our national security interests. "
I think this entire law is bad, but I'd prefer a well defined bad law than one that allows lots of discretion.
I don't think that was their tactic. I believe they intended to get the bills passed pretty much the way they wrote them (with, of course, the canonical juggling that goes on in these things). "Screaming from the sideline" was, in fact, effective. I'm just not comfortable using it as a long-term strategy.
We do need strong organizations in support of net freedom and neutrality. I would very much favor an organization whose only focus was on the 'net, and didn't also try to be anti-software-copyright/anti-software-patent or take on some other personality as well. It's easy to dilute your support when you try to take on too many causes that most folks don't really understand. Thost that may be inclined to give to one cause may shy away from a group that supports several.
Sure, they (Hollywood) would be happy if SOPA passed unaltered, but that's always the tactic: propose a door-in-the-face bill, shift the Overton window a bit, pass a foot-in-the-door law. It happens over and over.
Example: Do you think they could have passed a 40 year copyright extension in the 1970s? Instead, they passed two ~20 year extensions, one in 1976, one in 1998.
Example 2: SOPA and PIPA would have been unimaginable in 1998. Instead, they got the DMCA, which was merely unacceptable. Now, they push SOPA and PIPA hard, expecting to pass some watered-down version, and driving web site owners to extol the DMCA they vociferously opposed in 1998.
Then when the legislation was produced a support-base had already been formed. They expected a very public fight and prepared for it.
In this case they were very quiet. The first thing I heard at all in the normal media was on the radio driving to work this morning. The news guy on the Boston station mentioned Wikipedia's blackout tomorrow and mentioned SOPA as the reason. The who bit was about 3 sentences. As I said, I'm not privy to insider strategy, but it was definitely a different tack.
PS: They require an email address on their donation page, but you can get away with junk data.
Special interests, as the history of tariffs reminds us, can think of the most ingenious reasons why they should be the objects of special solicitude. Their spokesmen present a plan in their favor; and it seems at first so absurd that disinterested writers do not trouble to expose it. But the special interests keep on insisting on the scheme. Its enactment would make so much difference to their own immediate welfare that they can afford to hire trained economists and "public relations experts" to propagate it in their behalf. The public hears the argument so often repeated, and accompanied by such a wealth of imposing statistics, charts, curves and pie-slices, that it is soon taken in. When at last disinterested writers recognize that the danger of the scheme's enactment is real, they are usually too late. They cannot in a few weeks acquaint themselves with the subject as thoroughly as the hired brains who have been devoting their full time to it for years; they are accused of being uniformed ,and they have the air of men who presume to dispute axioms.
http://www.fee.org/library/books/economics-in-one-lesson/#0....
The whole book is available at the URL, it's quite a good read.
I think this issue will be to the RIAA what abortion is to fundamentalist Christians: they intend to fight this fight until they win it.
I need to dig into more detail, but everything leading up to this leads me to believe it's just a new round of hand waving, or "duck and cover", until they can find e.g. the eve of another holiday recess to try to ram it through.
And notice, please, that in the midst of this "retreat", they never did present and listen to the technical experts. Do you thing that this is entirely by accident?
I (I'm a political junkie) saw Senate Majority Leader Harry Reid (D) on TV yesterday. The message I got from his body language, nuance, and phrasing was something like "Obviously people who are elected from heavy technology areas are feeling a lot of heat. There's still a lot of support, though. Let's see if we can tweak this in such a way as to pass some kind of compromise."
Maybe that's just Reid trying to keep the RIAA cash cow alive, not sure. But I was fairly certain that what I was hearing was a tactical retreat, not a strategic surrender. Not by any means. My money says next time they'll have some language in there that could be interpreted a bunch of different ways (to prevent informed debate), and they'll wait until the last minute and sneak it into some other bill that is a "must-pass."