The recent discussion abut SOPA on ars technica is fascinating, as much for what it says as what it doesn't. For example, this essay <http://arstechnica.com/tech-policy/news/2012/01/internet-regulation-and-the-economics-of-piracy.ars> by Julian Sanchez takes a purely economic perspective on piracy, arguing that the prevention that SOPA would provide is worse than the disease of piracy. While this may be true, it’s not the same as arguing that living with the disease is a good thing. The ethical problem that piracy presents, that internet sites often serve as a "pass through" for illegal or unethical activity (not to mention outrageous misinformation, bigotry, ignorance and invective) under the thin guise of "user-provided content" without having to take responsibility for that content as if one was a "publisher" (because it’s too difficult or expensive), is simply ignored. Moreover, the general use of hyperbole related to a general shutdown of the internet if any effort at regulation is imposed keeps getting used to drive fearful and anxious responses to these perceived threats. There is the tendency on all sides to cry wolf (or play chicken little, choose your metaphor) all too often.
The posting by Nate Anderson in this essay <http://arstechnica.com/tech-policy/news/2012/01/post-sopa-the-path-forward-for-addressing-piracy.ars> is more balanced, a practical argument that the aims of SOPA are not bad (even if the problem is exaggerated, it's still real), just that it takes a one-sided corporate-written sledgehammer to a problem that requires a collaborative surgical approach. His list of issues and processes is really quite constructive, even if it continues the trope of a controlling corporate profit-hawking structure in black hats against the freedom-loving innovative and entrepreneurial internet mavericks in white hats that has grown a bit tiresome. From an ethical point of view, both suffer from the same amoral, consequences for others be damned, I'm going to get my piece of the action (whether that be in terms of profit, exercising creativity, seeing what we can get away with, etc.) mentality that characterizes much of American society and business, corporate or not.
Let's take Anderson’s article, for example. Great ethical stances on open drafting and hearings (much too much legislation is written, as he describes, in closed door sessions dominated by lobbyists these days, undermining the nature of a democracy), and on clarifying issues and processes in a rational and equitable fashion (although even the adversarial process he mentions is still weighted in practice much too heavily to those with capital). Where I disagree with him is on the DCMA safe harbor argument (which is ably discussed by Timothy B. Lee here <http://arstechnica.com/tech-policy/news/2011/11/the-stop-online-piracy-act-big-contents-full-on-assault-against-the-safe-harbor.ars>) where Anderson cites Sen. Ron Wyden to the effect that "It's important to not increase liability for intermediaries. Just as you don't hold a toll road accountable for a driver's bad behavior, you shouldn't hold the ISPs or other platforms liable for online user behavior." This analogy (with images of the information superhighway, but now with tolls (how telling)) is poorly applied. If SOPA was a way to get around the loose interpretation of safe harbor and tighten it up, it may have had the wrong means but I believe it had the right objective. Part of this is my objection to the basically libertarian/utilitarian ethos of the internet, where such sentiments as "you can't hold the tool-maker responsible for how the tool is used" or the above toll road analogy abound.
Such arguments by analogy are in themselves logically weak as is, dependent as they are on implication and impreciseness, or even blatant misleading substitution (this is like that, that is unobjectionable, therefore this is, too) where this is clearly on further analysis not like that, even if it at first appears to be. The internet is not a toll road, or a neutral tool; it is an intentionally constructed instrument for the rapid and convenient sharing of information in many different forms, and the shape of programs created for the internet intentionally shape and steer the direction and kind of that information. As much as they might be portrayed by their advocates as innocent open conduits, they are (and here I'll use my analogy, hopefully not a misleading one) in effect like publishing houses, with more or less control over the content they publish. Link-sharing services, for example, are more than simple bibliographies or lists, they are conduits for the acquisition of content and ought to be as responsible and liable for what they provide access to as a publisher or library would be. Arguments that such responsibility would be stifling, expensive, prohibitive, etc. do not remove the ethical responsibility that providers have for the access they "provide," especially if they are going to profit from such provision.
I think we can argue productively about how accountability for such responsibility ought to function in practice, how it can be enforced, regulated, and monitored, and what effects it would have on the marketplace (both of ideas and profit), but the attempt to evade responsibility is exactly what precipitates the ham-fisted efforts represented by SOPA in the first place. Just as there is a lot of good stuff out there (the vast majority of it), there is also a lot of crap (bigotry, misinformation, invective, plagiarism and theft). Identifying the latter is admittedly difficult and contentious, but it does not remove our (content-creators, service-providers, web-page owners, etc.) responsibility to effectively police ourselves. For if we don't, someone will keep trying to do it for us.
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