Rainblog

Dear Representative Velazquez

I am writing to you today to express my opposition to express my opposition to the Stop Online Piracy Act (SOPA). 

I work for an Internet startup in New York that hosts original web video content. The company employs around 50 people; through our advertising programs we allow tens of thousands of independent creators to earn money from their work. The videos that we host include original drama, comedy, citizen journalism, documentaries and more.

We take copyright very seriously, and act swiftly in any reported or discovered case of infringement. We are both responsive and proactive in protecting the rights of copyright holders.

Existing laws, including the Digital Millenium Copyright Act, strike what I believe to be a good balance between protecting the rights of copyright owners and creating an environment in which innovative technology companies can emerge and grow. The ‘safe harbor’ provisions of the DMCA make it possible for Internet companies such as Google, Facebook, Twitter, Flickr and ourselves to do business, to innovate, and to create jobs, without the threat of liability or arbitrary disconnection. The DMCA is not perfect, but it sets out clearly the rights and responsibilities of each party. It protects both rights-holders and innovators.

SOPA is a different matter entirely. At a stroke, it offers almost arbitrary power to large corporations to censor or to shut down Internet sites. In recent years, there have been countless cases in which corporations have misapplied or even abused the mechanisms of the DMCA. Takedown requests have often been sent based on incorrect information or in violation of the principles of fair use. In some cases, individuals and companies have knowingly submitted illegal takedown requests that contained false declarations or that related to content that they did not own. In many cases, the provisions of the DMCA mitigated the damage done, but these cases make abundantly clear that any mechanisms put in place allegedly to ‘fight piracy’ can and will be abused.

Now imagine the harm that can be done by SOPA, which offers sweeping and unchecked new powers to those same entities that have already used the mechanisms of the DMCA carelessly, incorrectly and dishonestly. The victims of this misuse will be not only world leaders in technology like Google or Facebook, but - perhaps above all - smaller companies like ours that lack the resources to defend themselves against unfair or arbitrary use of the powers granted by SOPA. SOPA creates an environment that is actively hostile to any company involved in the business of media on the Internet. It is doubtful whether a ‘new Google’ or ‘the next YouTube’ could emerge under SOPA.

SOPA directly threatens my livelihood, but that is only one reason why I am opposed to it. As I have said, I believe that it is hostile to innovation. I also believe that it is unnecessary, ripe for misuse, and riddled with unintended and extremely dangerous consequences. You can read about some of those at the Electronic Frontier Foundation’s page at What’s on the Blacklist.

Above all, I believe that SOPA is contrary to what we believe in as Americans. SOPA creates a system of censorship. It hands control of that system to powerful corporate interests. It includes no effective provisions to prevent abuse of that system. For any one of those reasons, it should be instantly repugnant to anyone who believes in freedom of speech, one of the core principles of our democracy.

I urge you to oppose this dangerous and unnecessary legislation by every means available to you. Please vote against it and work to educate your colleagues about the harm that this legislation will do. Thank you.