Saturday, January 21, 2012

The SOPA "Victory"

[The] U.S. Justice Department not only indicted the owners of one of the world’s largest websites, the file-sharing site Megaupload, but also seized and shut down that site, and also seized or froze millions of dollars of its assets — all based on the unproved accusations, set forth in an indictment, that the site deliberately aided copyright infringement.

In other words, many SOPA opponents were confused and even shocked when they learned that the very power they feared the most in that bill — the power of the U.S. Government to seize and shut down websites based solely on accusations, with no trial — is a power the U.S. Government already possesses and, obviously, is willing and able to exercise even against the world’s largest sites.

  Glenn Greenwald
I saw that report, but I didn’t think much about it, except to note the ironic - or perhaps the better word is retributive -  timing, because the feds have always raided or shut down organizations for criminal activity before any trial takes place, and nobody seems to mind too much other than those taken into custody, or maybe the innocent neighbor whose house was raided by mistake.  Just recently we've had them seizing computers and other electronic equipment from friends of Julian Assange who'd gone to visit him.  It doesn't get more high-handed than that.
[I]t’s true that SOPA (like the NDAA) would codify these radical powers further and even expand them beyond what the U.S. Government already wields (see Julian Sanchez’ typically thorough analysis of that fact). But the defining power that had everyone so up in arms about SOPA — shutting down websites with no trial — is one that already exists in quite a robust form, as any thwarted visitors to Megaupload will discover.
Which is why we don’t need SOPA or PIPA.
It’s wildly under-appreciated how unrestrained is the Government’s power to do what it wants, and how little effect these debates over various proposed laws have on that power.

[...]

But it nonetheless sends a very clear message when citizens celebrate a rare victory in denying the Government a power it seeks — the power to shut down websites without a trial — only for the Government to turn around the very next day and shut down one of the world’s largest and best-known sites. The message is unmistakable: Congratulations, citizens, on your cute little “democracy” victory in denying us the power to shut down websites without a trial: we’re now going to shut down one of your most popular websites without a trial.
Yes, well, it was rather nasty timing.

...but hey, do what you want...you will anyway.

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