$335,906 Is The Price Of The Constitution

Daniel Greenfield
Eurasia Review

When Senators give speeches, they will say that you can’t put a price on freedom. But as it turns out you can. You can actually put an exact dollar amount on the Constitution. And that amount is $335,906.

That’s the amount that Hollywood gave Senator Patrick Leahy. And in return, Leahy gave them COICA. That’s not the same of some new disease, it’s the abbreviation for Combating Online Infringement and Counterfeits Act, the biggest and more comprehensive internet censorship proposal in the history of this country. It would give Attorney General Eric Holder the power to create a blacklist of websites and force all companies that do business in the United States to comply with that blacklist.

Ever since the Clinton Administration’s Communications Decency Act, Democrats have been obsessed with censoring the internet. And that drive has kicked into high gear again. COICA is the most ambitious plan to enact government control over freedom of expression on the internet since the days of the CDA.

While this bill was crafted on behalf of the entertainment industry, the applications go far beyond that. Websites that feature collections of articles, such as FreeRepublic or DemocraticUnderground could easily be targeted under the terms of COICA. And so could many blogs, which list entire articles or cite extensively from them. Any site or blog that embeds videos or images which are not authorized by the copyright holder could be similarly targeted. And with the Attorney General of a highly politicized administration wielding the power to preemptively shutter and blacklist entire websites, it would be all too easy for COICA to be used as a club for suppressing dissent.

While on paper COICA is only supposed to apply to 0.01 percent of the internet, in its broadest interpretation it could apply to anywhere between 30/40 percent of the internet. And the damage can go even beyond that. COICA gives the AG’s office a billy club that can destroy any company’s business overnight. And will that billy club be used strictly for copyright oversight alone? When the Attorney General’s office has the power to shut down any webhost, costing its owners millions in revenues, what will the owners do when they’re asked to shut down a site that does not actually fall under COICA? Will they call the AG’s bluff and prepare for a legal battle to restore the site and hope their business survives, or will they do the practical thing and comply?

We already know the answer to that. Some larger companies with deep pockets will put up a fight. Maybe. Smaller companies will just go along. And this is not what free speech was supposed to look like in America.

COICA is just the beginning. It’s the first step in transforming the internet into an environment completely controlled by the government. If the Senate can move along a law that creates a copyright blacklist, the next step is to create a blacklist for political extremism. Once we’ve established the principle that you can just pull a switch and blacklist sites that the government doesn’t like, where does it end?

Liberals screeched for years about the Patriot Act, but very little attention is being paid to COICA, which is primarily co-sponsored by Democratic senators. The endless Hollywood movies bemoaning the oppression of the Patriot Act, won’t give way to movies bemoaning COICA. But that’s because COICA was written for Hollywood’s benefit. And the forms of oppression that are practiced by the people who make movies about oppression, naturally don’t make it into movies.

Some conservatives are defending COICA as a means of protecting private property, but it’s not. It creates a privileged status for specific industries through government action, which those specific industries paid for. This is classic ‘Rent Seeking Behavior’ which uses government force to protect a bad business model. Hollywood is suffering from the plague of piracy because of its own convoluted structure and its need to negotiate every iota of every action with its own unions. Rather than adapt and evolve, it uses lawyers and lobbyists to protect its defective business practices. And having a ‘red phone’ to the AG’s office in order to protect defective business practices does the entertainment industry no favors in the long term.

COICA is a unconstitutional bailout of our freedoms and internet civil rights for a specific industry that has troubling implications for everyone. And it’s a demonstration of just how dangerous the intersection of corporate lobbyists and politicians can be. Some conservatives believe that supporting capitalism means blindly endorsing any corporate action. It does not. When corporations subvert public representation and harness government force for their own benefit, then they act like a part of the government.

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