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Chris Dodd

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Protecting Free Speech Online

Posted: 12/14/11 04:33 PM ET

Given the Internet's role in helping democratic activists the world over break through government repression, we must be vigilant in protecting free speech online.

But does freedom of speech require the freedom to steal? That's what some are arguing, comparing our efforts to protect American jobs from international criminal enterprises who profit from the theft of intellectual property online to the censorship policies of repressive regimes.

I served on the Senate Foreign Relations Committee for 30 years. I know what authoritarian and totalitarian censorship looks like. And the comparison is baldly false.

We have not proposed, nor would we ever support, attempts to block political websites, censor social media, or silence artists because of what they want to say. I agree with Floyd Abrams -- one of the nation's preeminent First Amendment attorneys -- who wrote in this Sunday's Washington Post that the comparison "trivializes the pain inflicted by actual censorship that occurs in repressive states throughout the world."

"Chinese dissidents," he added, "do not yearn for freedom in order to download pirated movies."

Piracy apologists have it backwards. If there is a threat to free speech here, it is that these international content thieves are destroying artists' ability to make a living sharing their ideas.

Indeed, while we who support cracking down on content theft are bound by -- and deeply respectful to -- the protections for free speech and due process enshrined in our Constitution, those who side with the criminals seem oddly unconcerned with another Constitutional principle.

Just as the First Amendment defends Americans' right to create, Article I, Section 8, Clause 8 -- the Copyright Clause -- guarantees Americans the ability to protect their creations from those who would steal them.

That is why a nation that prides itself on the free exchange of ideas must also have strong copyright protections for those ideas. Today, such protections make it possible for more than 2.2 million Americans to hold good jobs supported by the content industry.

And as Floyd Abrams wrote in a letter supporting our efforts to crack down on foreign rogue sites, "the Internet neither creates nor exists in a law-free zone, and copyright violations on the Internet are no more protected than they are elsewhere."

Indeed, the theft of intellectual property (which costs our nation 373,000 jobs and $58 billion in economic output each year) is itself the true threat to free speech, because it threatens to silence the artists whose creations -- and livelihoods -- are being stolen.

Hollywood is pro-Internet -- and I, personally and in my capacity as MPAA Chairman, have always supported a free, open, and thriving Internet.

But it is simply false to suggest that the Internet cannot be free and open unless it is lawless. As Secretary of State Hillary Clinton wrote, "The State Department is strongly committed to advancing both Internet freedom and the protection and enforcement of intellectual property rights on the Internet. Indeed, these two priorities are consistent."

Critics of our efforts have engaged in outrageous hyperbole and logical gymnastics, misrepresenting not only Secretary Clinton's words, but also my own, in an effort to equate protecting intellectual property with the tactics of dictators.

That is an insult to the many champions of free speech who also support strong copyright protections. And, in the end, it is nothing more than a smoke screen for those who care more about their right to steal than about an artist's right to speak.

But with millions of American jobs on the line, we do not have time for misinformation and false comparisons. We must protect our intellectual property -- or our content creators could be silenced for good.

 
 
 

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10:20 AM on 01/19/2012
Senator Dodd, find another way. SOPA and PIPA are not the answer to your piracy problem. It seems very few who are involved in this decision process understand the dangers of what they are proposing--beyond issues of free speech or an over-reaching government. SOPA and PIPA threaten the structural foundation and security of the Internet. PLEASE, PLEASE, read this very important paper by the Heritage Foundation, (conservative think tank): http://www.heritage.org/research/reports/2012/01/online-piracy-sopa-and-internet-security-pipa-bills-in-congress
10:16 PM on 01/18/2012
Most people don't pirate movies because they can't afford them. They don't want wait/go to the movie theater. If you would sell them right as they come out many people would buy them. I believe SOPA will get real websites that don't post copyrighted stuff shutdown because of there users. I own 5 big domains at least 3 are in jeopardy if this passes not because whats on it. It's what my users sometimes post. If it passes I will never watch a move or show that was in support of SOPA.....
03:58 PM on 01/18/2012
Time warner's website claims "RECORD PROFITS AT THE BOX OFFICE". How exactly is this equated to "harm" when piracy is also likely at an all time high AT THE SAME TIME as record profits. I think the real theifs are you, the CEO's of the media companies and the celebrities hogging all the profits to yourselves and cutting the salaries and pay of those actually doing the production work.
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HUFFPOST SUPER USER
Bill Roth
I wrote it so it must be true....
03:30 PM on 12/16/2011
Yes ex-Senator Dodd, let's let Goldman Sachs buy all stock or just 51% because this would be great if we could protect the creative ideas of the inventors of entertainment. What other regulator could we trust? I'm sorry I didn't mean to write Goldman Sachs as a regulator or an investment insurance commercial banker hedge funder. There I go again.... Now whose going to regulate what for who? Systemically regulating really confuses my little taxpaying mind. Could you please just have Barney or Timmy G. explain it one more time in simple terms. The 'law of the land' is so wordy and loopy and not very accountable. Leave well enough alone.
HUFFPOST SUPER USER
SonicUltimate
10:46 AM on 12/16/2011
Theft of entertainment content (all theft for that matter) = demand for the product without the means to buy it.  Want to decrease theft of intellectual property?  Lower prices of content, or advocate for increased expendable income in the target market.

Being as I don't see Dodd actually advocating for paying those who create content more, and subsequently have entertainment firms and execs rake in less, I'm going to have to call his "concern" for the artists disingenuous at best.  This is less about protecting the creators interests and more about Dodd et al's bottom lines.
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tmrn31m
08:01 AM on 12/16/2011
Argument Denied. Keep the internet as it is.
This user has chosen to opt out of the Badges program
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Turtleposer
I have micro-bios in my tummy.
09:09 PM on 12/15/2011
It's obvious that Chris Dodd knows all the ins and outs of intellectual property as well as the movie-making industry due to his many many years in Hollywood as a famous director and producer. I'm glad MPAA hired someone with indepth knowledge and connection to the industry rather than a Washington insider. If they were to hire a former Senator, it would show that they're just wanting get a bought corporate stooge to wine and dine his Congressional friends.
02:13 PM on 12/15/2011
Is this another law that was written by the corporations or lobbyists? It seems to me that our so-called law-makers have become more like rubber stampers.

By the way, Mr. Dodd, I hope you read these comments. If our society or government were functioning the way they should, the level of distrust directed toward you and your chosen profession(s) would be nowhere near as great. I know you've done your best, but to reach the level of power and influence you have in your life, you have to make a lot of intellectual compromises, many of which are plainly apparent in your column.

By the way, the most pirated movies are the most financially successful.

I know guys in the music industry who download music because they know the artists aren't going to get the money anyway.

What's the point of passing a law that you know is going to be declared unconstitutional because it assumes a person (or corporation) is guilty and must be punished before there's a trial or anything resembling due process?
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Hoodoo X
tanstaafl
01:58 PM on 12/15/2011
We are very different in our political points of view, but you are right on this one.
01:44 PM on 12/15/2011
My faith in the Democratic Party diminishes every day.
01:24 PM on 12/15/2011
It's good to see that folks are clearly seeing corruption for what it is now.

What a great job Sen. Dodd has done for America.

I mean, the American .1%.

If you want a great example for why you should stop voting for the "D" (or the "R") next to someone's name, this is it.

Corruption trumps ideology.
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HUFFPOST SUPER USER
Ganapati
Don't you mess with my Wheel
01:16 PM on 12/15/2011
REALLY, Sir?
How come Government regulation is good suddenly?
When it protects useless record companies and multi billionaire conglomerates?
Control is what you want, more control
We ain't letting you have it
12:48 PM on 12/15/2011
Dodd is the "revolving door" poster boy. It's like Congress is the lobbyist' farm team or minor leagues. If you show real potential in Congress doing all you can for "monied interests", then you get called up to the majors, e.g. Chairman and CEO MPAA.

Occupy.
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HeevenSteven
20 Minutes into the future.
12:31 PM on 12/15/2011
Chris Dodd, protector of banks, insurance companies, and the wealthy now a lobbyist for the people who want to own the internet. What a surprise.
12:04 PM on 12/15/2011
This critique of the opponents to SOPA sounds ALOT like the critique of the opponents of the invasion of Iraq in 2003. Sen Dodd may know what authoritarian and totalitarian censorship looks like, but most Americans agree that we know what a corrupt and unethical Congress looks like.