Behind the Scenes of SOPA and PIPA

The Weekly Focus takes a look at the powerful lobbying mechanisms behind SOPA and PIPA legislation, and what they say about the legislative process. 

The recent public outcry over the bills SOPA and PIPA has raised questions about the ability of groups to lobby Congress and to get legislation passed despite public opposition. This Weekly Focus explores the nature of support behind both bills and the reason the bills were able to progress as far, and to fall as fast, as they did .

At the core of the support for the Stop Online Piracy Act (SOPA) and PROTECT IP Act (PIPA) are the Motion Picture Association of America (MPAA) and the Recording Industry Association of America (RIAA). These organizations coordinate resources from major players in their industries-- the six major Hollywood studios and “Big Four” recording labels-- to lobby for favorable legislation. Since the early 1990s, these trade groups  have waged war on the ability of individuals to copy pieces of media like songs and movies and share them with others. As technology has improved, the scale of this copying has grown and attracted the label “piracy.” SOPA and PIPA, which represent the latest legal moves to combat media piracy, were authored by Senator Patrick Leahy (D-VT) and Representative Lamar Smith (R-TX), who are respectively the chairperson of the Senate Judiciary Committee and the chairperson of the House Judiciary Committee. These powerful congressmen from each side of the aisle do not represent constituencies with many film or recording industries, but both have been targets of heavy lobbying.

The efforts of the MPAA and the RIAA to shape intellectual property and internet piracy laws in the favor of content producers may seem like brazen attempts to circumvent the “public interest,” but a more practical interpretation is that they illustrate the complicated nature of how companies fight to protect financial interests in areas where fast changing technologies make this difficult. The Senate version of the controversial anti-piracy bill, the Protect Internet Piracy Act (PIPA), unanimously passed the Senate Judiciary Committee only two weeks after first being introduced. Senators, likely unfamiliar with the nature of the internet’s technical infrastructure and international copyright law, passed a bill they considered a reasonable protection of the American music production and filmmaking industries.

The RIAA and MPAA represent significant portions of the American economy in terms of both revenue and employment. In 2011, for example, Hollywood movies grossed over $11 billion in domestic ticket sales and the Bureau of Labor Statistics reported that the motion picture and video industry employed 361,900 people in 2008. The BLS also reported that musicians, singers, and related workers held about 240,000 jobs in 2008; this number does not include related jobs in the American music industry such as producers, marketers, and administrative staff. The RIAA and MPAA both represent sizable industries that cannot be entirely ignored.

However, what was made most apparent by these bills was the efficiency of music and film industry lobbying efforts and a corresponding lack of lobbying clout by technology firms and consumers. The RIAA and MPAA have essentially one policy interest—piracy—and thus their lobbying efforts are highly focused and effective. On the other hand, those groups who might oppose them—American internet users and technology companies—have until recently been largely diffuse and apathetic. In his landmark book The Logic of Collective Action, American political scientist Mancur Olson explained why this state of affairs occurs so frequently. He pointed out that it is relatively difficult for large groups (e.g., consumers) to organize and act for a common cause while it is relatively easy for small groups to organize (e.g., Hollywood), since success will bring smaller rewards to individuals in large groups, who therefore have less incentive to act.

Prior to this, major companies in the technology industry had a limited history of lobbying Congress, especially when compared to their counterparts in the film and recording industries. It took more than 2 years for opposition to pick up enough momentum to halt the progress of SOPA and PIPA through Congress. Many organizations mentioned their opposition towards the legislation throughout 2011, yet it required the dramatic “blackout” protests of Wikipedia, Google, Reddit and others to impact the debate.

The quick passage of bills similar to PIPA is not caused by the total dollar amount spent by industry lobbyists, but rather by the highly concentrated nature of the interests behind these trade groups. What can everyday Americans do to counteract the influence of these interest groups? This question was once posed to notorious California liquor industry lobbyist Artie Samish; he replied that there was only one way for people like him to be gotten rid of: “The people must take more interest in the men they elect.”