U.S. ‘threatened to blacklist Spain’ over SOPA-style law

By | January 5, 2012, 5:36am PST

Summary: Spain has introduced a thought-to-be-dead SOPA-style anti-piracy law. But it now appears that the U.S. government pressured — and threatened — Spain’s vulnerable economy.

Spain has this week adopted a law similar to that of the SOPA in the United States, allowing sites to be blocked at ISP-level if they are found to be distributing copyrighted material.

But how the law was passed involved alleged political pressure and ‘underhand’ involvement from the U.S., according to Spanish newspaper El Pais.

In 2010, the disclosure of Wikileaks’ diplomatic cables effectively killed off Spain’s anti-piracy “Sinde Law”, named after the then-culture minister.

The 250,000 odd diplomatic cables released by Wikileaks last year included messages from the U.S. Embassy in Spain. The Electronic Frontier Foundation (EFF) accused the U.S. government of “bullying” Spain into passing the anti-piracy laws.

Just as the European Union forced the U.S. to play ball in data protection practices – even though it has no jurisdictional right to do so — the U.S. used the Special 301 Report to push lax-copyright enforcing nations into complying with U.S. anti-piracy standards.

The U.S. demanded that the Spanish government take action to enact tougher policies on file sharing by passing the Sinde Law, or the U.S. would retaliate with trade restrictions or embargoes.

While the UK is safe from U.S. pressure with the Digital Economy Act, other countries on the list include China, Russia, but also Canada, much to the surprise of many.

The cable in question, from the U.S. ambassador back to Washington, read:

“We propose to tell the new government that Spain will appear on the Watch List if it does not do three things by October 2008. First, issue a [Government of Spain] announcement stating that Internet piracy is illegal, and that the copyright levy system does not compensate creators for copyrighted material acquired through peer-to-peer file sharing. Second, amend the 2006 “circular” that is widely interpreted in Spain as saying that peer-to-peer file sharing is legal. Third, announce that the GoS will adopt measures along the lines of the French and/or UK proposals aimed at curbing Internet piracy by the summer of 2009.”

But the outgoing government could not pass the legislation, and “failed to finish the job for political reasons, to the detriment of the reputation and economy of Spain”, said the U.S. ambassador in a letter obtained by newspaper El Pais.

During the final days of the Spanish administration, the U.S. ambassador attempted once more, imploring the government to introduce the Sinde Law immediately.

In a letter to the Spanish culture minister, sent also to the Spanish prime minister, the U.S. ambassador explained that the country was already on the Special 301 list, and threatened to degrade the country even further.

TorrentFreak reports that should the country be added to the “Priority Watch List”, it would be in violation of trade agreements from the U.S. and further sanctions and ‘retaliatory actions’ could be applied.

The government left office, and the Partido Popular (”People’s Party”) administration took office late last month. The U.S. was quick to pressure the new government, and subsequently the Sinde Law came into force two days ago on January 3rd.

Behind-the-scenes lobbying is not uncommon, particularly when private industry is heavily affected the laws in question. But it does appear to explain why the flip-flop between one government failing to enact tough SOPA-like anti-piracy laws, and a new government quickly ratifying it.

Image source: Flickr.

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Zack Whittaker, a criminologist who studied at the University of Kent, Canterbury, is a journalist, writer and broadcaster.

Disclosure

Zack Whittaker

I worked briefly with Microsoft UK in 2006 but no longer have any connection with the company. Regardless, I remain impartial and unbiased in my views.

I don't hold any stock or shares, investments or industrial secrets in any company, but have signed confidentiality agreements with a number of UK and U.S. organisations, whose names I am not at liberty to disclose.

I was involved with Kent Union, the University of Kent's student union, undertaking voluntary, non-salaried, elected positions between early 2009 and mid-2010.

No other company, body, government department, non-governmental organisation or third sector organisation employs me or pays me a salary in any capacity whatsoever.

As a freelance journalist, whenever expenses are given and taken by a company that is not CBS Interactive, these will be disclosed in each relevant post to ensure transparency.

I currently work with a UK law enforcement unit. Details of which are restricted, but this is an entirely separate position which bears no connection to other work.

(Updated: 23rd October 2011)

Biography

Zack Whittaker

Zack Whittaker, criminologist who studied at the University of Kent, UK, is a journalist, writer and broadcaster.

After studying criminology at university, though still in his early-20's, he has already had a series unconventional work and voluntary positions. He has worked with researchers studying neurological illnesses like Tourette's syndrome (which he suffers from), has given lectures on the nature of disabilities in the public community, and occasionally ends up speaking on television and radio discussing the events of the day.

He first had academic work published at the age of 22, then still an undergraduate, and has been cited by a wide range of publications: from the Huffington Post, Business Insider, AllThingsDigital, The Atlantic Wire and CBS News.

Talkback Most Recent of 18 Talkback(s)

  • RE: U.S. 'threatened to blacklist Spain' over SOPA-style law
    The US has become a rogue state, whereby it subsidises "cooking" classes for the Israel military, whilst back home lets it's elderly starve. And now not only does it politicians feel fit to criminalise it's own citizens and view them as guilty until proven innocent, but now seeks to promote imperial tendencies across the globe.

    Stand up Americans.
    ZDNet Gravatar
    Bozzer
    5th Jan
  • RE: U.S. 'threatened to blacklist Spain' over SOPA-style law
    @Bozzer If people changed the 'word' US or USA or America for China, Iran, Iraq or North Korea they'd be outraged, but as its done by the "good guys" it all seems OK.
    ZDNet Gravatar
    redrosewa
    5th Jan
  • ....
    Makes me so f***ing angry...
    This government needs to be torn down ASAP. The stuff they think they can get away with... makes me so pissed off...
    ZDNet Gravatar
    Naryan
    5th Jan
  • RE: U.S. 'threatened to blacklist Spain' over SOPA-style law
    This goes to show why it is past time to remove all goverments from any control over the root dns servers.
    ZDNet Gravatar
    rparker009
    5th Jan
  • So what? Hollywood rules the world?
    The entertainment industry is horrible! You have all this collusion going on among companies, which then approach the US government, which accommodate their every whim. There should be instead, strong competition taking place among these companies. Can you imagine if companies in the computer industry relied heavily on lobbying rather than innovation, to adapt to changing conditions? That is why it is so vital that the Internet remains free of censorship. There must be avenues people can take, which circumvents how these companies wish to channel information.

    It really irks me how Republicans are pushing the SOPA bill, when the Internet has played a vital role in their being able to circumvent old media, and get their information out there. Republicans specifically are fools for embracing a SOPA bill which will censor the Internet, because they will be among the bill's biggest casualties.
    ZDNet Gravatar
    P. Douglas
    5th Jan
  • It's easy to defeat this sort of thing...
    @P. Douglas ...but the sheeple refuse to be parted with their precious media garbage that they seem addicted to watching every day. The solution? Don't buy music, don't buy/go to movies, don't watch the crappy TV. Save your money and let them starve and collapse under their own oppressively onerous weight. We have the ultimate control in voting with our pocketbooks.

    Start up a movement to boycott their products. I would say that six months would prove a good enough period to make a point. Let them die.

    But, the media addicted Sheeple are unlikely to band together and stop buying for long enough to make a difference.
    ZDNet Gravatar
    Zorched
    5th Jan
  • Your hate is showing.....
    @P. Douglas

    This bill is supported by politicians from both parties. Park your hate somewhere else.
    ZDNet Gravatar
    linux for me
    5th Jan
  • Wrong in one importan factor: the number of democrats supporting the act is
    greater than the number of republicans.

    Furthermore, it's a democrat president at the helm, so, if he and the democrats don't want SOPA, then it's very easy to veto the bill.

    You're too quick to judge without checking the facts.

    Myself and most republicans are opposed to SOPA, and that opposition is probably overwhelming.
    ZDNet Gravatar
    adornoe@...
    5th Jan
  • If you're right...
    @adornoe@...
    ...then SOPA will be defeated in the House. It really should be defeated overwhelmingly, but I think Republican politicians like their re-election dollars just as much as Democrats do.

    One thing to consider: It appears that the House Republican leadership has a policy of not allowing major legislation to come to the floor unless it can be passed with Republican votes alone, so if your assertion is correct, then SOPA is dead as a doornail.

    Reply to Adornoe:

    The Senate can't pass anything without the approval of the House and the House is controlled by the Republican Party (and in practice, nothing makes it to the floor without the approval of the Speaker and the House Rules Committee). Ergo, if you're right, then the bill is dead.
    ZDNet Gravatar
    John L. Ries
    5th Jan
  • John: I've posted in the past the list of senators supporting SOPA,
    and it's not a question about whether I'm right in that respect. The numbers speak for themselves.

    When it comes to the actual numbers once the votes are taken, one never knows, but one thing for sure is that, there will be more democrats voting for SOPA than republicans. After all, SOPA is legislation favoring one of their biggest supporting constituencies, that being the Hollywood and entertainment crowd.
    ZDNet Gravatar
    adornoe@...
    5th Jan
  • RE: U.S. 'threatened to blacklist Spain' over SOPA-style law
    Really, these SOPA bills need to die a quick death.
    ZDNet Gravatar
    cmwade1977
    5th Jan
  • It's no wonder that most of the rest of the world hates us...
    Private interests like big media use our government as their private, world-wide, gestapo police force. Our government keeps granting itself even more power over us. Our government has methodically set up laws which will prevent any attempts to throw them out of power. The communications of all private citizens are monitored. The Patriot Act allows them to quietly throw citizens who act or speak out against the government in prison without a trial or any other oversight by simply labeling the action a "suspected terrorist act." The person just disappears while friends and family try to figure out what happened. There are many cases where families finally tracked down a missing loved one, falsely rotting in Guantanamo with no trial, and eventually got them released by exposing the government deceit. Big media even tried to get them to officially label piracy as a terrorist act so they wouldn't have to go through embarrassing public trials to jail grandmothers who put a song in a video of their grandchildren dancing. Worst of all, our government is trying to spread our special brand of insanity worldwide by threatening the economies and well-being of every other nation. At some point, we're all going to have to beg a worldwide coalition of nations to intervene on our behalf and remove our government so we can start over. Our government is getting so far out of control that their abuses are making China look like a paradise.
    ZDNet Gravatar
    BillDem
    5th Jan
  • When people vote for greater and bigger government, then expect to get what
    the "people" voted for.

    NEVER give big government advocates an inch, because, they'll extend it to a mile. Never fails!
    ZDNet Gravatar
    adornoe@...
    5th Jan
  • Republicans
    @P. Douglas
    get your head out of the sand all governments in the US are owned by business interests.Obama's government has been trying to force through some of the most oppressive legislation seen anywhere outside of a dictatorship,so I suggest instead of pointing at one party you open up your eyes and help fight against the MAFIRIAA and leave the blaming to the politicians ...because they are so good at blaming each other while stealing your freedom!!
    ZDNet Gravatar
    wizardb@...
    5th Jan
  • RE: U.S. 'threatened to blacklist Spain' over SOPA-style law
    Once upon a time, in a land far away, a group of enterprising gents realized that humans enjoy being entertained. They found ways of magically canning this entertainment to mass-produce it and sell it to the masses. People bought this canned entertainment that they could put to use at will and as often as they wished in droves. The enterprising gents felt this was good. They were able to sell their goods at dozens of times higher than the cost of production and distribution, and this, they felt was very, very good. They made ridiculous amounts of money, from the "artist" on through the whole chain. They lived lives of ridiculous excess and waste and enjoyed flinging it in the face of their public.

    These enterprising gents kept making untold reams of money. Money is power. Ridiculous amounts of money equals ridiculous amounts of power. They could now throw their way around and buy the influence of government-elected puppets to do their bidding. This, they thought was good: very good. They saw their canned goods being sold all over the world, and they were even more pleased. Naturally, their power also developed in many of these other countries. They go about like gods.

    Along came some people who felt that these enterprising gents were too restrictive and greedy. They developed ways of duplicating their purchased goods so they would not have to pay again if these items got damaged, or so they could enjoy the goods elsewhere. Of course, other people also used some of these tools to further their own greed and resell copies of the goods.

    The enterprising gents grew very angry. This was going to potentially cut into the ridiculous profits they were making, so they started wielding some of the power they had and forcing their controlled puppets to put in laws to punish these bad people that could possibly cut into their profits and lives of absurd waste. They even went as far as forcing their government to threaten other countries if they did not do their bidding. Naturally, these countries had seen what these enterprising gents and others like them had done to other countries. They had even made up lies so as to excuse barbarities they had committed to other countries by forcing economic embargoes upon them and even invading them with thousands of troops to destroy everything in sight.

    Sad, really. This far-away land is, of course, the US. Americans must stop believing that they are supreme commanders of the universe and impose their will upon whomever they want. The Recording Industry needs a counter-check. They yield far too much power. If they really want to reduce piracy, then try charging fair and affordable prices for the products they sell, allow people to duplicate the products they buy to use for their own enjoyment, and stop throwing their ridiculous amount of money around in peoples face (like $3 million for a wedding that lasts a few days). It only creates contempt and lack of empathy to wanting to buy their products and contribute to this nonsense, hence propagating the unauthorized distribution. Undesired copying is not going to stop because of threats to put people in jail or by threatening other countries.
    ZDNet Gravatar
    manuel@...
    5th Jan

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