Would You Fall for the Anti-SOPA Campaign Today?

“The more desperate one is to get attention, rather than to accurately communicate what one believes a problem is, the more one ventures into the realm of sensationalist propaganda.”

That observation was not written about anyone promoting the Stop the Steal narrative that led to the insurrection on January 6, 2020. No, that’s Chris Ruen, in his book Freeloading (2012), describing Fight for the Future co-founder Holmes Wilson trying to come up with a line to rally support among Redditors for American Censorship Day in November 2011 to protest the anti-piracy bills SOPA/PIPA. According to Wilson’s own description, as quoted by Ruen, he eventually grabbed readers’ attention with this lulu: “The MPAA will soon have the power to block American’s [sic] access to any website unless we fight back, hard!”

There was zero truth in that statement. And although FFTF is terribly concerned about the power of social media today, for instance, Facebook’s role in fostering the events of January 6th

…the organization is not likely to acknowledge that ten years ago, they and their friends in the “digital rights” world exploited the same manipulative tools and the same human flaws in what was arguably the first misinformation campaign to succeed at scale.

Hyperbole like Wilson’s headline naturally went viral and accreted even more outlandish claims as the Stop SOPA crusade gained momentum through the end of 2011 and culminated on January 18, 2012 with “Blackout Day.” The idea, hatched by Wikipedia founder Jimmy Wales, perhaps imagining himself as John Galt, was to get prominent websites to go dark on a single day and show us what a post-SOPA internet would allegedly look like. Wales also went on TV as the erudite and magnanimous representative of “the internet” and wove a crazy quilt of lies about SOPA/PIPA causing harm to free speech online.[1]

Behind the scenes, death and rape threats (a common feature in any digital-age campaign) were directed at female congressional staffers and other women in pro-copyright organizations, along with the predictable spate of DNS attacks against the websites of any organization that dared voice support for—or even just try to explain—the legislation. Relatedly, it is not a minor footnote that the Stop SOPA folks reached out to 4Chan, which Wilson described as “awesome,” to help push the censorship message.

Today, many readers know 4Chan as a site where misogyny, racism, and legit fascism intersect with bored adolescent boys and hackers espousing a broad spectrum of moral relativism. The output of this crucible has often been a prankster/hacktivist hybrid in which the motive for action may be nothing more than a laugh (aka for the lulz). 4Chan begat 8Chan, and 8Chan begat QAnon. And my point is not that the anti-SOPA organizers spawned Q but rather that it is significant that both January 18th and January 6th were, in part, fueled by tapping into this nebulous digital underworld.   

Above ground, Google, Mozilla, the Electronic Frontier Foundation, and other organizations with internet-industry resources, coordinated and directed a deluge of messages that jammed phone lines and clogged email servers on Capitol Hill, leading Congress to abandon the SOPA/PIPA legislation in a bipartisan group shrug, with staffers and Members mystified as to what exactly had just happened. In the days that followed, some Members even reported that upon returning to their districts, they discovered that constituents had not only not protested SOPA, but that they had never even heard of it.

January 18th is also something of a tenth anniversary for this blog, which first launched in August 2012 but really began with an editorial in The Hill in which I called support for in the anti-SOPA campaign Pavlovian and dysfunctional. At the time, I wrote that “I believe we are seeing the most extreme, most egotistical voices — from the Tea Party to Anonymous — aiming not for change, but to dismantle the system itself.”

Notice that says nothing about media piracy. Piracy was secondary. It was the mechanisms of the anti-SOPA campaign that scared the hell out of me. Worse than the specific lies about the legislation was the bigger lie being promoted by the “digital rights” groups, telling the world that Stop SOPA represented a new model for grassroots activism in which the people are finally empowered by real information and social platforms. In truth, these groups simply showed us how easy it is to rally thoughtless action with little more than some provocative bullshit on a web page.

Wilson posted that nonsense about the MPAA and site-blocking in November, and by January, a virtual mob that knew nothing about what it was protesting stopped Congress in its tracks. Fast-forward to the era of Trump, and a different breed of unscrupulous provocateur, including one calling himself Q, post even more outrageous lies online, and by January, a physical and violent mob tries to stop Congress in its tracks. If we believe there is an ethical chasm between Q and Wilson, it’s because we are overlooking the fact that this is the same disease causing different symptoms.

There is little difference between the fearmongering declarations, “Fight like hell, or you won’t have a country anymore,” and “Fight like hell, or you won’t have an internet anymore.” Convince people that someone is trying to rob them of their liberty—End piracy. Not liberty. was Google’s message in 2012—and you just might start a riot. And during this interval between the first anniversary of January 6th and the tenth anniversary of January 18th, I truly doubt that anyone intending to memorialize their role in the latter would ever acknowledge their insidious contribution to the former.

In a healthy democracy, the means are always more important than the ends, and the inversion of this principle—that it’s okay, even admirable, to lie like hell as long as you win—is the underlying pathology driving both decorum and integrity to the margins of our political discourse. The vector bearing the pathogen is social media, a force which was not so widely understood in 2012 as an addictive, dopamine-inducing activity that neutralizes reason while feeding emotion. That was the human frailty exploited by the professional anti-SOPA crowd ten years ago. And considering all the destruction that misinformation has done to the world since, I cannot imagine why anyone would want to celebrate that travesty of a milestone.


[1] For instance, the legal remedies in SOPA/PIPA have been applied in different ways both prior to and since the defeat of the bills without any effect on the speech right.

Odds & Ends (It’s that kind of week)

What Color is the Sky in Rick Falkvinge’s World?

Someone please tell me that Rick Falkvinge is the Ron Paul of European politics.  I’m sure every country has its slightly kooky politicians; after all, we have guys who talk about mothballing the Navy or the magical powers of women’s reproductive systems, and I guess Europe has Rick Falkvinge.  I don’t go looking for Rick’s writing because shooting a duck in a barrel (and a lame duck at that) isn’t sporting, but I stumbled upon this piece this morning and had to share.  Falkvinge asserts that the act of copying an existing work (e.g using software to rip a DVD into a file for upload) is real labor that has value, and that “copyright monopolists” are offensive in their desire to profit from this “labor.”  Yes, at this moment, your head should be cocked sideways like a confused spaniel.

I’ve done a lot of digital compression and conversion in my life, and it’s true about the labor I guess. I mean, you’ve got the sliding a disk into a drive, and then probably half a dozen mouse clicks, followed by up to twenty keystrokes to name the file; then there’s the opening of the beer and pretzels while you watch the gas bar crawl across the screen. So, by all means, it’s obnoxious for those who represent millions of dollars in investment and tens of thousands of highly-skilled man-hours to produce the thing your chubby little fingers are laboring away to copy to think that it’s somehow their property. I guess if somebody robs my house, I ought to pause before calling the police and consider how hard the burglar is working.

Maintaining Perspective

If you haven’t seen it,  I encourage you to read Chris Ruen’s piece about Aaron Swartz for Seattle Weekly. The article endeavors to take some of the emotion out of the discussion regarding Swartz’s hacktivism. I have purposely not talked about Swartz thus far because the first truth is that his story is just plain sad. But Ruen is right that Swartz was wrong about SOPA, and that does matter even through the fog of emotion. I don’t presume to know why Mr. Swartz committed suicide, but it is a tragedy that strikes regardless of age, sex, economic, social, or political conditions; and it is worth noting that the very tools Swartz proclaimed to champion have been used to bully others, whose names we hardly know, to the same fate. Moreover, while freedom of information is a cornerstone of a democratic society, not everything that can be hacked is “information” just because it’s digital — and hacking itself is not a game. Just this week, we have reports on the specific origin of cyber attacks on US properties from within one Chinese military headquarters.  The prospect of an attack that could cost the lives of thousands is not an exaggeration.  Naturally, Swartz’s hacking didn’t amount to anything like this kind of threat, but we cannot have a national policy debate on the issue of cyber security that is bent out of proportion because of the suicide of one man.

The Inevitable?

I have predicted for several years that convergence between TV and the Web will make for new partnerships between the two industries.  The more the media creators and the Internet giants have common ground, the more likely we are to see much of the extreme copyright views be relegated to the fringe where they belong.  This article in Variety features a story about a deal between Fox and a couple of very successful YouTube channels, and I’m sure we will see more of these deals as the distinction between distribution via Pipe A or Pipe B fades into irrelevance.

I have little doubt that the end-game is a paradigm in which screens of all sizes become global jukeboxes offering on-demand access to vast libraries of finished works.  Clearly, those who use torrent sites have chosen to hasten this reality without regard for the creators, but deals like this one and projects like House of Cards demonstrate that media producers are in no way out of touch with new distribution methods or new approaches to scheduling or geography; and they haven’t been for quite some time. When Google and Fox shake hands, it means their profit motives are aligned, and this could be beneficial to independent artists, who are the first to be hurt by online piracy. The more the Internet industry has skin in the content game, the less likely it is to fund the kind of hysterically blurred messages confusing free speech with free media.  That said, we have miles to go…

TPB-AFK (The Pirate Bay Documentary)

Yeah, I watched the documentary about the founder/operators of The Pirate Bay, and I admit to being pleasantly surprised that it is not the overbearing propaganda-fest I’d expected. In fact, to director Simon Klose’s credit, I found the film’s relatively detached lens on its subjects made it eminently watchable and only considered a few choices overly contrived — particularly the eerie music played over moody tracking shots of blinking servers.  There’s no question the film is supportive of its subjects, but assuming we can take its content at face value, we are provided with what appears to be an honest glimpse into the personalities and character flaws of TPB’s three co-founders.

Most of the film focuses on the trial in Swedish court, and I thought one of the most telling moments was a comment by Gottfrid Svartholm describing their business as “disorganized crime.” The comment was meant to be mocking the authorities’ perception of the The Pirate Bay, but his words are actually consistent with the childlike posturing of all three men throughout the documentary. Svartholm, Sunde, and Neij all vacillate between naive innocence and banner-waving freedom-fighting — literally trying to have it both ways.  It is as if they are saying, “We didn’t do anything, but what we did is certainly the right thing to do.” The film is engaging and informative, although it is dismaying to discover that these presumptive heroes of the digital age really are the proverbial rebels without either a cause or a clue.

Conversation with Chris Ruen (Podcast)

Chris Ruen Part I
Chris Ruen Part II
From OR Books.

Freeloading: How Our Insatiable Appetite for Free Content Starves Creativity

In his new book, author Chris Ruen provides a glimpse into his personal transition from consumer of free media to advocate for artists’ rights and a more rational conversation about copyright in the digital age.  Ruen shares his own thoughts about common justifications for online piracy, about the mechanics behind the anti-SOPA protest, and about his own proposals for a renewed dialogue about copyright reform and enforcement.  While certain professionals on either side of the debate may take issue with Ruen’s specific, legal proposals, I believe the general reader with even a passing interest in the cultural aspects of what Ruen calls “freeloading,” can learn a great deal from this book.  In particular, the middle third of the work is comprised of interviews with musicians and producers from the independent punk scene — guys who are about as anti-establishment as it gets — and their no-nonsense views on the rationales supporting online piracy are well worth the attention of anyone who thinks he’s stickin’ to The Man by downloading torrents.

I spoke to Chris last week via Skype and found our conversation very engaging. In fact, I’m providing the discussion almost unedited, without introduction, and in two parts.  I hope you find these podcasts interesting and that you’ll let me know what you think.

For more information about Chris or to buy a copy of Freelaoding:  How Our Insatiable Appetite for Free Content Starves Creativity, visit www.chrisruen.com