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The Real SOPA Opera Should Be ID Theft

Posted: 01/24/2012 5:33 pm

The Stop Online Piracy Act, and its sister legislation in the Senate, the Protect Intellectual Property Act caused quite a stir in Silicon Valley, Hollywood and Washington. The two bills were intended to put a hard stop on theft of intellectual property on the Internet, by means that are controversial in terms of the First Amendment. Big players from the overlapping worlds of movies and music pushed for this bill. So did their high priced lobbyists. But SOPA and PIPA were ultimately shelved last week, and not just because there were formidable forces lined up against it. Google, Facebook, Yahoo, AOL and Twitter are just a few of the tech companies that opposed the bills, and they can certainly afford some pretty high priced lobbyists, too.

What also put a knife through the heart of SOPA and PIPA was the non-paid lobbyist community -- a.k.a., the grassroots. The last few weeks, millions of people signed petitions in opposition of the bills. And sites like Wikipedia and Reddit went dark for 24 hours in protest.

"What has happened in the last few weeks will permanently change the way citizens communicate with their government... This is a new day," Sen. Ron Wyden (D-OR), told The Washington Post's Greg Sargent. Wyden has been SOPA and PIPA's chief opponent in the Senate.

I don't argue with the good intentions of the bills' sponsors -- online piracy of music, movies and the like is a serious problem that has existed and grown in direct proportion to the existence and growth of the Internet itself. But Silicon Valley folks argued that the proposed legislation would seriously curtail the operations of very popular websites, such as YouTube, even though the proprietors of those sites are not trying to steal anything themselves, and generally take steps to be certain that they don't, in the language of the bills, "facilitate" online piracy.

Regardless of the fate that befalls either piece of legislation, the battle over online piracy is raging and will continue for quite some time. And the reason why the issue will remain top of mind is the same reason why the bills were beaten back: powerful interests lined up on both sides of the issue, and real people weighed in and let their voices be heard. I only hope that people keep talking because the truth of the matter is that SOPA and PIPA only scratch the surface of online piracy.

But while we contemplate the gargantuan battle of the content vs. technology worlds, we must not forget an equally serious, actually even more serious example of online piracy.

While no numbers have been reliably developed to compare the two, I would make book that the most common and sinister piracy that goes on via the Internet involves database compromise and identity theft rather than theft of movies or music. According to the Identity Theft Research Center, 4,300,056 records containing sensitive consumer data were stolen in hacking incidents in 2011 alone, exposing those consumers to the risk of identity theft. The current proposed legislation doesn't deal with identity theft, but of course, there are a number of laws on both federal and state books that do. Unfortunately, most aren't tough enough and, in the case of the federal government, they are few and far between.

One of the complaints I have often heard from proponents of SOPA is not so much that existing law is inadequate, but rather that existing enforcement of that law is lacking. Doubtless, while SOPA (or Son of SOPA) provides new and potent enforcement weapons, the noise surrounding the recent battle will definitely step up enforcement activities under current law, something that is critical, especially if both bills die beneath the Capitol dome (which apparently one has). And given the fact that Congress has mastered the art of internecine squabbling and gridlock, nothing seems to be going anywhere fast in Washington, no matter how serious the problem.

If only identity theft were as buzz worthy; alas, (the recently departed) SOPA and PIPA are big news because of the power and prestige of those on both sides of the issue. That's why the grassroots ultimately had to get involved.

The victims of intellectual property piracy are generally large and powerful companies, with lobbyists in Washington and in every important state capital, with money to spend to help with enforcement or to technologically impede the theft of their property. On the other hand, the victims of identity theft are generally individuals with meager resources, both financial and political, to fight against the theft of their sensitive personal information, and the destruction of their financial lives, or even more dire consequences should they experience medical or criminal identity theft. Put simply, the victims of intellectual property theft are generally much wealthier and more powerful than the thieves, whereas in identity theft, the playing field is generally more tilted in favor of the bad guys.

It's safe to say that if multibillion dollar companies need more legislation and better enforcement procedures to protect their property, individuals need all the help they can get to protect theirs. While there are many organizations that do their best to prevent identity theft, they cannot match the resources available to those who have large financial interests at stake, like the entertainment companies that have embraced SOPA. This is, after all, America, where money talks but big money shouts.

I hope that the senators and representatives who are hell-bent to kill or at least seriously maim the Consumer Financial Protection Bureau and other consumer-oriented federal regulatory agencies take note of the fact that consumers need all the help they can get to protect their identities. Unfortunately, there are no lobbyists or media campaigns to shout at Congress, but perhaps a large chorus of smaller voices will make a lot of noise at the polls in November.

This article originally appeared on Credit.com.

 

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The Stop Online Piracy Act, and its sister legislation in the Senate, the Protect Intellectual Property Act caused quite a stir in Silicon Valley, Hollywood and Washington. The two bills were intended...
The Stop Online Piracy Act, and its sister legislation in the Senate, the Protect Intellectual Property Act caused quite a stir in Silicon Valley, Hollywood and Washington. The two bills were intended...
 
 
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06:32 PM on 01/31/2012
Adam, I agree agree agree. The victims of ID theft do not have the proper voice in DC or with banks and other institutions. Our neglect of ID theft *will* result in the next cateclismic financial crisis in this country and abroad because our credit systems will become so fraught with fraud that NO one will know with whom they are doing business. Rich or poor, if we continue to neglect the growing crime of ID theft by dismissing it as trivial we will all pay the price with our future financial, social and health record stability. Thank you for this article.

Michelle Dennedy
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12:52 PM on 01/25/2012
Another aspect of ID theft that cannot be overlooked is that of illegal immigration, which gets a wink and nod instead of being addressed and stopped, because it is all about obtaining cheap labor for those corporations and members of the US Chamber of Commerce.

It represents the theft of the "intellectual property" and that being the right legal workers in the USA to compete only with the supply and demand of legal free market labor. Americans should not be required to compete with a pirated workforce that undercuts the legitimate work force anymore than Hollywood should compete with pirated DVDs.
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12:39 PM on 01/25/2012
Excellent article Mr Levin. I've been an advocate for business and corporations to face penalties to the government and punitive damages to the individuals involved when access to their personal data is breached. The businesses or medical institutions have the responsibility to retain our data data securely.

In addition to the need for incentives for loss prevention there must be financial and credit help provided to those whose IDs are actually stolen, and in my view it should come from the industry itself. ID theft of individuals represents the ultimate in intellectual property theft?

Currently corporations and businesses that are entrusted with our personal data face no liability when they lose our data to my knowledge. We are required to then monitor it ourselves. I've had several of these warning disclosures that indicate my personal information has been breached.
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wayne the pain
09:43 AM on 01/25/2012
I'd theft is not a problem for corporations. That is why SOPA is only intended to protect corporate profits at the expense of free speech and privacy. Congress is only concerned with the problems of big downers, corporations. The average citizen gets little thought from our elected representatives!
02:19 AM on 01/25/2012
During a routine credit check about five years ago, I found collection action had been started against me due to a $1,500 past due bill from a telephone company who gave someone credit in my name for a phone number in Michigan. I have never even visited Michigan! The idiot that used my name isn't blameless, but that phone company had NO PROBLEM giving away credit without even doing the minimum due diligence to confirm the identity of the recipient. Then they treat me like I am the crook, when I spend months trying to get this cleared up, and refused to admit THEIR error until I supplied dozens of personal records, (utility bills, phone records, employment records, etc...) They only care as long as they have a name of someone who has good credit, regardless of who actually gets the account. Start ordering these jerks to pay $25,000 each time they don't properly check ID before giving out credit, and maybe these unethical corporations will finally get the message!
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Tom Rowland
I thought I was wrong once...but I was mistaken.
01:57 AM on 01/25/2012
I've ranted about this many times. If you want your identity protected--the very essence of "you" in the outside world, you have to pay a private company to "protect your identity". The government doesn't do squat. But when it comes to loaded musicians and their big-money recording labels, it's a whole 'nother story. For them, we've gotta step in and change the way the entire internet works--something that you usually only hear about in countries like China and the Middle East. They'll take all the good that comes with the internet--and there is A LOT of that--(just think of how a band or song spreads now versus 20 years ago), but cry like babies about some "stolen music". And the crazy thing is, those people illegally downloading music--they would probably only buy about 1% of the music in their collections if it came down to that. So a "theft" of music doesn't necessarily equal any monetary loss. All the while, though, it sure helps a band gain publicity, even a "stolen" song can create more fans every time it's played. And there are a TON of smaller bands that encourage "tapers" to record their shows for free and allow them to be distributed on legal sites like archive.org, and some have even taken to giving away their studio albums for the purpose of "getting their names out there" and selling more tickets to their concerts.
10:43 PM on 01/24/2012
Excellent point. Identity theft victims don't have a lobby, and corporate victims of data theft would rather have it stay quiet.
07:24 PM on 01/24/2012
Identity theft is far more important than music and movies no matter how much money they contribute to the country (which is barely a scratch anyways).
07:13 PM on 01/24/2012
Google has to start spending more money in Washington. They can afford it. Starting spending the big bucks on all kinds of Senators from both parties. We know they are all the same anyway.

Also Google has to start drafting a future bill that curbs piracy. Just write it out, to get rid of pirated copyright works, but also keeps the internet free and open for everybody to compete. Get rid of piracy, keep the web free for freedom of speech and free to compete. Just do it already before Hollywood turns the web into the horrible cable tv model.
12:54 PM on 01/26/2012
Facebook is selling user data, profiles for advertising and earning lots of money. Competition is forcing Google to follow suit. Google has recently revised its policy accordingly so the mantra "Do no evil" is history.

Living in Europe my only hope are the recently released tough EU regulation proposals including fines (few percent of yearly revenue). Link:
http://ec.europa.eu/justice/data-protection/document/index_en.htm

Given the lack of interest of the US political system (and especially obstruction from the GOP) for consumer protection including privacy US citizens ought to be wary of any corporation. Facebook considers privacy as something of the past. That kind of policies are actually making ID theft easier.
07:11 PM on 01/24/2012
Thank you for posting this - this is one of the issues that I feel has been forgotten in the big controversy over freedom on the internet - our freedom not to have sensitive information and our identities pirated.