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Guest Commentary

April 19, 2012
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Continuing the fight against rogue websites

By Douglas Schoen

The online firestorm that erupted over the consideration of SOPA and PIPA — the federal anti-piracy bills — effectively killed the legislation for 2012. Yet it’s imperative that the push for serious legislation addressing online piracy continue.

Passing legislation that cuts off access to rogue sites isn’t a partisan issue — it’s not Silicon Valley versus the entertainment industry, or creators versus consumers. It’s in everyone’s interest to shut down these web pages.

With that in mind, new anti-piracy legislation should be crafted in a consensus-driven, bipartisan fashion, incorporating the justified concerns that killed the older bills, while still retaining those core provisions needed to address the rogue site problem.

Rogue websites mainly sell two kinds of products: knockoffs of consumer goods like shoes, handbags and prescription drugs; and pirated media content, including illicit copies of music, movies, e-books and computer software.

These sites can seriously hurt consumers by selling shoddy or outright dangerous products. And they hurt the American economy by undermining intellectual property (IP) protections — a crucial incentive for innovation.

Since many of these sites are based on foreign soil, they operate outside the jurisdiction of U.S. law enforcement. Congress was considering bills to provide American officials with the legal tools they need to choke off the money and traffic flowing to these sites. These bills would have authorized the Department of Justice to file a civil action against sites devoted to counterfeiting or piracy.

A crackdown on rogue websites would be especially welcomed by those industries that rely heavily on IP. When rogue sites sell products violating IP laws, they take away revenues from legitimate businesses. And as IP-intensive industries go, so goes the American economy generally. These sectors are responsible for a stunning 60 percent of all U.S. exports. They contribute roughly $7.7 trillion to the economy every year. And, most notably at a time of sustained anemic job growth, these industries employ more than 19 million Americans.

But it’s not just businesses that are hurt by rogue sites. Consumers are also directly threatened by those who offer illegal copies of goods. Counterfeit prescription drugs, medical equipment or auto parts can seriously risk consumers’ health.

Unsurprisingly, rogue sites are also a major source of computer viruses. The security firm McAfee released a wide-ranging survey that found that these sites “harbor the majority of malware that is used to attack consumers, enterprises and government.”

One of the chief criticisms of PIPA/SOPA was that they amounted to censorship and choked off valuable free speech. Yet we don’t call it “censorship” when the FBI blocks access to a website peddling child pornography, or providing training to terrorists. If a website actively violates the law, shutting it down is simply the execution of justice.

One of the benefits of January’s “blackout” protest — in which a number of high profile sites like Wikipedia and Reddit shut down for the day — is that it brought the issue of rogue sites to the forefront of the national consciousness.

Unfortunately online activists too often resorted to hyperbole and scare tactics about the bills to get their message across. Nonetheless, the American people are much more familiar with the issue and its complexities. And that means there is fertile soil for a new, reformed, consensus-driven effort for anti-online piracy legislation.

No one wants to smother the innovation that has made the Internet such a profound tool of learning, connection and creation. The fight against rogue sites should focus on what all sides can agree on — it’s crucial to stop rogue websites from flaunting IP laws, hurting American innovation and polluting browsers’ computers.

Next session, Congress should craft and pass smart, targeted legislation based on that consensus. If not, businesses, artists and everyday consumers will continue to get hurt. CV

Douglas E. Schoen is a political strategist and Fox News contributor. Schoen, who served as a pollster for President Bill Clinton, is also the author of several books. Follow him on Twitter @DouglasESchoen.



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