Google on Wednesday urged Congress to hit rogue Web sites where it hurts—their wallets—rather than enact legislation that might jeopardize the freedom of the Internet.
Congress should focus on legislation that chokes off the funds of Web sites that traffic in pirated goods, Google copyright policy counsel Katherine Oyama told the House Judiciary Committee today. Going after the money, she said, would be much more effective than a recently introduced bill, avoiding "the collateral damage to Internet architecture."
That bill is the Stop Online Piracy Act (SOPA). Oyama and others were on Capitol Hill today to discuss the legislation, which is intended to crack down on pirated content online, but has some Internet companies and consumer groups concerned about its reach.
Among the more controversial provisions is a section that would allow rights holders to contact the financial institutions that do business with a particular Web site and ask them to shut down access because of infringing content. If you ran a Web site that used PayPal or accepted payment via MasterCard, for example, and someone thought your site contained pirated content, they could contact PayPal or MasterCard and have those companies cut off access to your site, effectively shutting down your business.
For years, regulators have tried to come up with an effective way to shut down Web sites that contain pirated content. However, the anonymity of the Web, as well as the fact that many offending sites are located overseas, have complicated the matter. Congress has pushed several legislative solutions, including the Combating Online Infringement and Counterfeits Act and the Protect IP Act, but SOPA is the latest.
In her written testimony, Oyama said Google is concerned "that the bill sets a precedent in favor of Internet censorship and could jeopardize our nation's cybersecurity." SOPA, she continued, "poses a serious threat to our industry's continued track record of innovation and job-creation."
Companies like Facebook, Yahoo, LinkedIn, Twitter, and eBay joined Google in asking Congress to take a different approach.
During an appearance in Cambridge, meanwhile, Google's Eric Schmidt said SOPA was draconian, according to Reuters. "There's a bill that would require (Internet service providers) to remove URLs from the Web, which is also known as censorship last time I checked," Schmidt said.
During today's hearing, however, Republicans and Democrats alike accused Google and other detractors of being hyperbolic. Bill sponsor Rep. Lamar Smith, a Texas Republican, said it's no surprise Google was concerned given that it recently faced a $500 million fine for allowing the illegal sale of prescription drugs via its AdWords program.
Meanwhile, in discussing whether the bill will "break the Internet," as some have claimed, Democrat John Conyers said "it's not likely to happen."
Assurances from lawmakers and supporters that the bill would only target those selling goods illegally, like prescription drugs or counterfeit items, did not satisfy everyone, with statements of opposition flooding in all afternoon. Most said they supported the effort to curb piracy, but felt SOPA is too broad and undermines the Digital Millennium Copyright Act.
"While we support the overall effort to fight online piracy, this legislation has significant impact on our industry by shifting the lion's share of the burden of protection to the tech industry instead of evenly distributing it between content providers and those that provide the tools," Kevin Richards with TechAmerica said in a statement.
The Computer & Communication Industry Association (CCIA), meanwhile, said the committee held a "lopsided" hearing, with too many witnesses in support of the bill. "While U.S. companies, including those CCIA represents depend on copyright law, the choice between rampant infringement and this overly burdensome plan to censor the Internet and cast tech and telecom companies as newly deputized patrol officers is a false choice. We can reduce piracy without censoring the Internet," said CCIA president and CEO Ed Black.
In a blog post, Kickstarter said that, under SOPA, if "someone found a single instance of copyright infringement on Kickstarter, all of Kickstarter — every project — could be taken down until it's removed."
Among those who support the bill, however, are the recording and music industry associations, and drug companies like Pfizer, which testified today. All testimony is available on the House Judiciary Web site.