A lot of people all across the Internet have been up in arms about the pernicious Stop Online Piracy Act (SOPA) and its companion Protect IP Act (PIPA) bills working their ways through Congress—and with good reason. But as a web site operator, even of a dinky little blog like this one, these bills stand to effect me quite directly. I thought I would share with you what changes will probably have to happen across the Internet, and specifically at Off on a Tangent (and in my life) if these bills pass in their current forms.
Today, sites based primarily on user-generated content (e.g., YouTube) are protected by the ‘safe harbor’ provisions of the Digital Millennium Copyright Act (DMCA). Under these provisions, upon a report of infringing material the company must review and remove the content. The company itself, however, is immune from prosecution or punishment for the infringement of its users. SOPA/PIPA would override these protections, making YouTube liable for an infringing video uploaded by its users. To continue operating as it does today, YouTube would need to review every uploaded video (at great cost), move out of the U.S. (at great cost), or constantly risk being taken down entirely because of individual infringing videos. Facebook, Flickr, Picasa, Vimeo, and countless others would face a similar conundrum.
Internet hosting companies and cloud service providers faced with the specter of constant lawsuits, shutdowns, and harassment in the U.S. are likely to leave the country. The Save Hosting Coalition, an alliance of Internet hosting providers, says that if PIPA passes, “We risk an environment where the bar within the United States is re-set so that only extremely large companies can afford to be web hosting providers. And what few hosting providers remain if the Protect IP Act passes will see less U.S. based content to host as we risk all independent content moving overseas.”