So like many people, yesterday, I took some time to let my elected representatives know my feelings on the SOPA and PIPA bills now in Congress. I’m not going to rehash it here – if you don’t know what I am talking about, Google either of the terms above and you’ll figure it out pretty quickly.
I got the standard “thanks for your message” replies from my two Senators, Jean Shaheen and Kelly Ayote. The reply that I got from my Representative, Frank Guinta was far more surprising in that I think that Representative Guinta actually “gets it” where SOPA is concerned. He opposes the bill, not just because his constituents told him to, but because he understands why the bill is bad legislation. I have reprinted his entire response below and I have to say how happy and proud I am to have a Congressman who is literate in technology issues. Granted, the reply may have been crafted by one of his staffers, but regardless, it represents a policy position on this issue that my Congressman is going to take. Kudos to you, Representative Guinta and I’m very glad to have been one of the people who elected you.
January 19, 2012
Dear James,
Knowing your concern regarding the Stop Online Piracy Act (SOPA), I wanted to take this opportunity to update you on my position regarding this legislation. I have appreciated having the benefit of your thoughts on this important issue.
H.R. 3261, the Stop Online Piracy Act was introduced by Rep. Lamar Smith (R-TX) on October 26, 2011. It has been referred to the House Judiciary Committee. The primary purpose of SOPA is to stop the theft of intellectual property from foreign-based websites. The U.S. Senate has introduced companion legislation, S. 978 the Protect IP Act or PIPA.
Although well intentioned, many have raised legitimate concerns regarding the legislation and believe the manner in which SOPA attempts to achieve its goals of stopping the theft of intellectual property from foreign-based websites is unworkable and includes many unintended and dangerous consequences. I am writing today to inform you that I have severe reservations with the legislation. If SOPA were to come to the floor of the House of Representatives for a vote in its current form, I would oppose it.
One of the main issues regarding SOPA, is it would force Internet Service Providers (ISPs) to block access to websites that have been accused of facilitating copyright infringement. Blocking access will likely slow down internet connectivity, while eroding the necessary trust the system needs. It would also set a dangerous precedent of allowing our government – and others – to filter domains. Fortunately, all sides have signaled this provision should be dropped.
Furthermore, the legislation would place a tremendous legal burden on websites accused of third-party copyright infringement and would cause them to be removed from search engines. Even if they made an honest mistake, they would be faced with litigation from the U.S. Attorney General. Fighting the accusations would cost an enormous amount of time and money, and smaller sites would likely go out of business. Private lawsuits could also be brought against the websites. This would open up the potential for massive lawsuit abuse – even though the vast majority of online piracy occurs through a small number of websites.
While the federal government does have a role in protecting intellectual property rights, it should do so in a way that does not weaken internet security, disrupt growth, or restrict free speech and your First Amendment rights.
As the debate on this legislation continues, I look forward to working with my colleagues in the House of Representatives to ensure the needs of copyright protection are balanced with the First Amendment Rights of all Americans. Currently H.R. 3261 remains in the House Judiciary Committee. While I do not serve on this committee, rest assured I will keep your concerns in mind should this legislation, or a similar bill ever come to the floor of the House of Representatives for a vote.
It is an honor to represent you in Congress. Your suggestions are always welcome. Please feel free to contact either my Washington office at (202) 225-5456 or the district office, (603) 641-9536. Also visit my website at www.guinta.house.gov for information on legislative issues and follow me on Facebook at facebook.com/repfrankguinta and Twitter at @RepFrankGuinta.
Sincerely,
Frank Guinta
Member of Congress