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.
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.