White House calls for care with SOPA, other antipiracy measures

Obama administration issues statement about stance on Stop Online Piracy Act and other pending antipiracy legislation, saying that while the administration recognizes need for laws that fight online piracy, it's wary of laws that could lead to censorship, cybersecurity problems, a quashing of innovation, and other issues.

The Obama administration issued a statement today on the Stop Online Piracy Act and other pending antipiracy legislation, saying the administration recognizes the need for laws that fight online piracy but is wary of legislation that could lead to censorship, cybersecurity problems, a quashing of innovation, and other issues.

"While we believe that online piracy by foreign websites is a serious problem that requires a serious legislative response, we will not support legislation that reduces freedom of expression, increases cybersecurity risk, or undermines the dynamic, innovative global Internet," reads the statement, written by three high-level officials.

The statement is another indication that the outcry over SOPA and other proposed antipiracy legislation is reaching the ears of politicians. On Friday, one of SOPA's biggest backers, Rep. Chairman Lamar Smith (R-Texas), said he plans to remove a provision that would require Internet service providers to block access to overseas Web sites accused of piracy. On Thursday, Sen. Patrick Leahy (D-Vermont) announced he would strip SOPA's sister bill in the senate, the Protect IP Act, of all DNS requirements.

The White House statement (full text below) is a response to two petitions circulated via the Obama administration's online "We the People" public-input tool: "Stop the E-PARASITE Act" and "VETO the SOPA bill and any other future bills that threaten to diminish the free flow of information."

The We the People tool lets anyone create and circulate a petition that asks for action from the administration. Currently, petitions that garner more than 25,000 signatures within 30 days receive an official response from the White House.

The SOPA-related response was penned by Victoria Espinel, intellectual property enforcement coordinator at the Office of Management and Budget; Aneesh Chopra, the U.S. chief technology officer and assistant to the president and associate director for technology at the Office of Science and Technology Policy; and Howard Schmidt, special assistant to the president and cybersecurity coordinator for national security staff.

In addition to spelling out what the administration will and will not support, the statement calls for the creation of "sound" antipiracy laws in the coming year and asks critics of the antipiracy proposals to offer up alternatives:

...the Administration calls on all sides to work together to pass sound legislation this year that provides prosecutors and rights holders new legal tools to combat online piracy originating beyond U.S. borders while staying true to the principles outlined...in this [statement]. We should never let criminals hide behind a hollow embrace of legitimate American values.

This is not just a matter for legislation. We expect and encourage all private parties, including both content creators and Internet platform providers working together, to adopt voluntary measures and best practices to reduce online piracy.

So, rather than just look at how legislation can be stopped, ask yourself: Where do we go from here? Don't limit your opinion to what's the wrong thing to do, ask yourself what's right.

Here's the complete text of the White House statement:

Combating Online Piracy while Protecting an Open and Innovative Internet

By Victoria Espinel, Aneesh Chopra, and Howard Schmidt

Thanks for taking the time to sign this petition. Both your words and actions illustrate the importance of maintaining an open and democratic Internet.

Right now, Congress is debating a few pieces of legislation concerning the very real issue of online piracy, including the Stop Online Piracy Act (SOPA), the PROTECT IP Act and the Online Protection and Digital ENforcement Act (OPEN). We want to take this opportunity to tell you what the Administration will support--and what we will not support. Any effective legislation should reflect a wide range of stakeholders, including everyone from content creators to the engineers that build and maintain the infrastructure of the Internet.

While we believe that online piracy by foreign websites is a serious problem that requires a serious legislative response, we will not support legislation that reduces freedom of expression, increases cybersecurity risk, or undermines the dynamic, innovative global Internet.

Any effort to combat online piracy must guard against the risk of online censorship of lawful activity and must not inhibit innovation by our dynamic businesses large and small. Across the globe, the openness of the Internet is increasingly central to innovation in business, government, and society and it must be protected. To minimize this risk, new legislation must be narrowly targeted only at sites beyond the reach of current U.S. law, cover activity clearly prohibited under existing U.S. laws, and be effectively tailored, with strong due process and focused on criminal activity. Any provision covering Internet intermediaries such as online advertising networks, payment processors, or search engines must be transparent and designed to prevent overly broad private rights of action that could encourage unjustified litigation that could discourage startup businesses and innovative firms from growing.

We must avoid creating new cybersecurity risks or disrupting the underlying architecture of the Internet. Proposed laws must not tamper with the technical architecture of the Internet through manipulation of the Domain Name System (DNS), a foundation of Internet security. Our analysis of the DNS filtering provisions in some proposed legislation suggests that they pose a real risk to cybersecurity and yet leave contraband goods and services accessible online. We must avoid legislation that drives users to dangerous, unreliable DNS servers and puts next-generation security policies, such as the deployment of DNSSEC, at risk.

Let us be clear--online piracy is a real problem that harms the American economy, and threatens jobs for significant numbers of middle class workers and hurts some of our nation's most creative and innovative companies and entrepreneurs. It harms everyone from struggling artists to production crews, and from startup social media companies to large movie studios. While we are strongly committed to the vigorous enforcement of intellectual property rights, existing tools are not strong enough to root out the worst online pirates beyond our borders. That is why the Administration calls on all sides to work together to pass sound legislation this year that provides prosecutors and rights holders new legal tools to combat online piracy originating beyond U.S. borders while staying true to the principles outlined above in this response. We should never let criminals hide behind a hollow embrace of legitimate American values.

This is not just a matter for legislation. We expect and encourage all private parties, including both content creators and Internet platform providers working together, to adopt voluntary measures and best practices to reduce online piracy.

So, rather than just look at how legislation can be stopped, ask yourself: Where do we go from here? Don't limit your opinion to what's the wrong thing to do, ask yourself what's right. Already, many of members of Congress are asking for public input around the issue. We are paying close attention to those opportunities, as well as to public input to the Administration. The organizer of this petition and a random sample of the signers will be invited to a conference call to discuss this issue further with Administration officials and soon after that, we will host an online event to get more input and answer your questions. Details on that will follow in the coming days.

Washington needs to hear your best ideas about how to clamp down on rogue websites and other criminals who make money off the creative efforts of American artists and rights holders. We should all be committed to working with all interested constituencies to develop new legal tools to protect global intellectual property rights without jeopardizing the openness of the Internet. Our hope is that you will bring enthusiasm and know-how to this important challenge.

Moving forward, we will continue to work with Congress on a bipartisan basis on legislation that provides new tools needed in the global fight against piracy and counterfeiting, while vigorously defending an open Internet based on the values of free expression, privacy, security and innovation. Again, thank you for taking the time to participate in this important process. We hope you'll continue to be part of it.

 

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