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What’s the difference between SOPA and PIPA?

January 17, 2012

I decided to put my slightly-dormant internet policy research skillz to work to figure this out. It was surprisingly difficult. Most stop PIPA/SOPA websites conflate them– but they are different. (Note: The best resource was an article I found at Area 51 Technologies.)

#1: SOPA’s a House bill, PIPA is a Senate bill.
SOPA = House of Representatives
PIPA = Senate

The Senate tends to be older and more conservative than the House, meaning that it’s more likely to be completely clueless about the internet. That’s not good.

#2: PIPA has a greater chance of passing.

SOPA has gotten so much guff that it’s temporarily off the table. PIPA, on the other hand, has been relatively ignored and so is much farther along in the process.

#3: They are essentially the same “anti-piracy” bill, but with a few different provisions.

Both PIPA and SOPA focus on “foreign rogue websites” (e.g. the Pirate Bay, Wikileaks) that facilitate piracy. And they both establish systems for removing websites that the Department of Justice decides are “dedicated to infringing activities.”

PIPA does NOT have a provision that requires search engines to remove these “foreign infringing site[s]” from their indexes. SOPA does. And it’s been highly criticized.

PIPA does seem to require more court intervention to take down a site– that’s good, right?– but it DOESN’T have any provision that penalizes a copyright holder for making a false claim of infringement. In other words, a Big IP company can claim that a site is infringing, drag it through hella expensive litigation, be proven wrong, and the site can do nothing about its costs incurred in the process. SOPA DOES include a provision that penalizes copyright holders who do this “knowingly,” including making them liable for damages and legal costs.

#4: They both require DNS blocking.

Because this has been protested not only by civil rights groups and internet enthusiasts, but engineers and computer scientists who say that DNS blocking will damage internet infrastructure (like, say, the Domain Name System itself), the sponsors of SOPA and PIPA have agreed to strip this from both bills. They claim that this will eliminate much of the current opposition. (See related technical whitepaper. [PDF link])

The bills share many other odious traits, which are summarized by Katy Tasker from Public Knowledge in this handy chart:

Chart of the differences between PIPA and SOPA. The two bills are essentially the same.

Ultimately, PIPA and SOPA are not particularly different. They are slightly textually different versions of the same legislation– supported by the entertainment industry and, for the most part, heavily opposed by the technology industry (including us at SMC). If at this point you still haven’t called your senators or representatives, you can easily do so at americancensorship.org.

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