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PROTECT IP Act

January 13, 2023

The PROTECT IP Act (Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act, or PIPA) was a proposed law with the stated goal of giving the US government and copyright holders additional tools to curb access to "rogue websites dedicated to the sale of infringing or counterfeit goods", especially those registered outside the U.S.[1] The bill was introduced on May 12, 2011, by Senator Patrick Leahy (D-VT) and 11 bipartisan co-sponsors.[2] The Congressional Budget Office estimated that implementation of the bill would cost the federal government $47 million through 2016, to cover enforcement costs and the hiring and training of 22 new special agents and 26 support staff.[3] The Senate Judiciary Committee passed the bill, but Senator Ron Wyden (D-OR) placed a hold on it.[4]

PROTECT IP Act
Long titlePreventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011
Acronyms (colloquial)PIPA
Legislative history

The PROTECT IP Act is a re-write of the Combating Online Infringement and Counterfeits Act (COICA),[5] which failed to pass in 2010. A similar House version of the bill, the Stop Online Piracy Act (SOPA), was introduced on October 26, 2011.[6]

In the wake of online protests held on January 18, 2012, Senate Majority Leader Harry Reid announced that a vote on the bill would be postponed until issues raised about the bill were resolved.[7][8][9]

Content

The bill defines infringement as distribution of illegal copies, counterfeit goods, or anti-digital rights management technology. Infringement exists if "facts or circumstances suggest [the site] is used, primarily as a means for engaging in, enabling, or facilitating the activities described."[10] The bill says that it does not alter existing substantive trademark or copyright law.[11]

The bill provides for "enhancing enforcement against rogue websites operated and registered overseas" and authorizes the United States Department of Justice to seek a court order in rem against websites dedicated to infringing activities, if through due diligence, an individual owner or operator cannot be located.[12] The bill requires the Attorney General to serve notice to the defendant.[13] Once the court issues an order, it could be served on financial transaction providers, Internet advertising services, Internet service providers, and information location tools to require them to stop financial transactions with the rogue site and remove links to it.[14] The term "information location tool" is borrowed from the Digital Millennium Copyright Act and is understood to refer to search engines but could cover other sites that link to content.[15]

The PROTECT IP Act says that an "information location tool shall take technically feasible and reasonable measures, as expeditiously as possible, to remove or disable access to the Internet site associated with the domain name set forth in the order". In addition, it must delete all hyperlinks to the offending "Internet site".[16]

Nonauthoritative domain name servers would be ordered to take technically feasible and reasonable steps to prevent the domain name from resolving to the IP address of a website that had been found by the court to be "dedicated to infringing activities."[17] The website could still be reached by its IP address, but links or users that used the website's domain name would not reach it. Search engines—such as Google—would be ordered to "(i) remove or disable access to the Internet site associated with the domain name set forth in the [court] order; or (ii) not serve a hypertext link to such Internet site."[18]

Trademark and copyright holders who have been harmed by the activities of a website dedicated to infringing activities would be able to apply for a court injunction against the domain name to compel financial transaction providers and Internet advertising services to stop processing transactions to and placing ads on the website but would not be able to obtain the domain name remedies available to the Attorney General.[19]

Supporters

Legislators

Main article: List of US Congresspersons who support or oppose SOPA/PIPA

The PROTECT IP Act has received bipartisan support in the Senate, with introduction sponsorship by Senator Patrick Leahy (D-VT), and, as of December 17, 2011, co-sponsorship by 40 Senators.[20]

Companies and trade organizations

The bill is supported by copyright and trademark owners in business, industry, and labor groups, spanning all sectors of the economy. Supporters include the National Cable & Telecommunications Association, the Independent Film & Television Alliance, the National Association of Theatre Owners, the Motion Picture Association of America, the Directors Guild of America, the American Federation of Musicians, the American Federation of Television and Radio Artists, the International Alliance of Theatrical Stage Employees, the Screen Actors Guild, International Brotherhood of Teamsters, Nashville Songwriters Association International, Songwriters Guild of America, Viacom, Institute for Policy Innovation, Macmillan Publishers, Acushnet Company, Recording Industry Association of America, Copyright Alliance and NBCUniversal.[21][22]

The U.S. Chamber of Commerce and AFL–CIO have come together in support of the bill. In May and September 2011, two letters signed by 170 and 359 businesses and organizations, respectively—including the National Association of Manufacturers (NAM), the Small Business & Entrepreneurship Council, Nike, 1–800 Pet Meds, L'Oreal, Rosetta Stone, Pfizer, Ford Motor Company, Revlon, NBA, and Sony—were sent to Congress which endorsed the Act and encouraged the passage of legislation to protect intellectual property and shut down rogue websites.[23][24][25] David Hirschmann of the Chamber of Commerce complained about the state of the political debate in January 2012, saying that talk of loss of freedoms and censorship "has nothing to do with the substance of the bills." Hirschmann promised "to use every tool in our toolbox to make sure members of Congress know what's in these bills."[26]

Others

Constitutional expert Floyd Abrams, representing the MPAA and related trade groups, wrote a Letter to Congress stating that the proposed PROTECT IP Act is constitutionally sound.[27]

Daniel Castro of the Information Technology and Innovation Foundation (ITIF), a think tank funded in part by the Information Technology Industry Council and the publisher of a 2009 report titled "Steal These Policies"[28] that formed the basis for both SOPA and PIPA, defended PIPA's predecessor bill (COICA) in March 2011, saying "nobody's talking about taking down someone's personal website because they happen to use a copyrighted photo."[29] In January 2012 ITIF Senior Research Fellow Richard Bennett said that criticism of the legislation was misinformed and overblown: "[t]he critics either don't understand what the bills do or are misrepresenting what the bills do. There's sort of a hysterical climate of criticism where people are objecting to something the bills don't do and are promoting noble causes like free speech and democracy but there is not much connection between what they are complaining about and what's in the legislation."[30]

Opponents

 
The English-language Wikipedia page on January 18, 2012, illustrating its international blackout in opposition to SOPA and PIPA.

Legislators

Main article: List of US Congresspersons who support or oppose SOPA/PIPA

Oregon Senator Ron Wyden (D) has publicly voiced opposition to the legislation, and placed a Senate hold on it in May 2011, citing concerns over possible damage to freedom of speech, innovation, and Internet integrity.[31] Massachusetts Senator Scott Brown (R) has also publicly voiced his opposition to the legislation as well as its sister bill in the House, SOPA.[32] Congressional opponents of PROTECT IP have introduced an alternative bill called the Online Protection and Enforcement of Digital Trade Act (OPEN Act).[33][34]

Companies and organizations

Among those who oppose the legislation are the Mozilla Corporation,[35] Facebook,[35] Electronic Frontier Foundation,[36] Yahoo!, eBay, American Express, Reddit, Google,[37] Reporters Without Borders, Human Rights Watch,[38] English Wikipedia,[39] Entertainment Consumers Association[40] and Uncyclopedia.[citation needed] Internet entrepreneurs including Reid Hoffman of LinkedIn, Twitter co-founder Evan Williams, and Foursquare co-founder Dennis Crowley signed a letter to Congress expressing their opposition to the legislation.[41] The Tea Party Patriots have argued that the bill "is bad for consumers".[42] A letter of opposition was signed by 130 technology entrepreneurs and executives and sent to Congress to express their concern that the law in its present form would "hurt economic growth and chill innovation in legitimate services that help people create, communicate, and make money online".[43] English-language Wikipedia sites joined other Internet sites in protesting the PIPA and SOPA legislation by staging a "blackout" of service for 24 hours on January 18, 2012. Many websites protested, including: Wikipedia, CNet and Cheezburger network sites. Some websites denied access to their websites altogether.[44] Campaigner Peter Bradwell of the Open Rights Group argues how this act could have a negative influence among other countries who are also considering this bill. "These two bills are too broad and so badly worded that perfectly lawful sites could be censored. One reason we're joining these protests is that we face very similar issues in UK copyright-enforcement policies. Highlighting these flaws should help UK policymakers avoid making the same mistakes."[45]

Others

Law professors Mark Lemley (Stanford University), David S. Levine (Elon University), and David G. Post (Temple University) have criticized the PROTECT IP Act and SOPA.[46]

Reception

On January 14, 2012, White House officials posted a statement saying, "Any effort to combat online piracy must guard against the risk of online censorship of lawful activity and must not inhibit innovation by our dynamic businesses large and small", and "We must avoid creating new cybersecurity risks or disrupting the underlying architecture of the Internet."[47][48][49][50]

Technical objections to DNS blocking and redirection

The bill originally contained measures which would allow the stripping of rogue websites out of the Domain Name System (DNS), the Internet's virtual "phone book." If a user entered the web address of a rogue site, it would appear the site did not exist. The bill's sponsors have said they are removing this provision.[51]

According to Sherwin Siy of Public Knowledge, past attempts to limit copyright infringement online by way of blocking domains have always generated criticism that doing so would fracture the Domain Name System and threaten the global functionality of the Internet, with the original draft of this bill being no different. By design, all domain name servers worldwide should contain identical lists; with the changes initially proposed, servers inside the United States would have records different from their global counterparts, making URLs less universal.[52][53]

Five Internet engineers (Steve Crocker, David Dagon, Dan Kaminsky, Danny McPherson, and Paul Vixie) prepared a whitepaper[54] which states that the DNS filtering provisions in the original bill "raise serious technical and security concerns" and would "break the Internet", while other engineers and proponents of the act have called those concerns groundless and without merit.[55][56][57][58][59][60] One concern expressed by network experts is that hackers would offer workarounds to private users to allow access to government-seized sites, but these workarounds might also jeopardize security by redirecting unsuspecting users to scam websites. Supporters of the bill, such as the MPAA and RIAA, have argued that widespread circumvention of the filtering would be unlikely. The CEO of the Information Technology and Innovation Foundation compared the DNS provisions to car door locks, noting that while they aren't foolproof against thieves, we should still use them.[60][61]

A group of Law professors, quoting Crocker's whitepaper, say that the PROTECT IP and Stop Online Piracy Acts could have the opposite of the intended impact, driving users to unregulated alternative DNS systems, and hindering the government from conducting legitimate Internet regulation.[46] They question the constitutionality of both bills, believing they could have potentially disastrous technical consequences and would make US Internet law more like those of repressive regimes.[46] They go on to state that both bills provide "nothing more than ex parte proceedings—proceedings at which only one side (the prosecutor or even a private plaintiff) need present evidence and the operator of the allegedly infringing site need not be present nor even made aware that the action was pending against his or her 'property.' This not only violates basic principles of due process by depriving persons of property without a fair hearing and a reasonable opportunity to be heard, it also constitutes an unconstitutional abridgement of the freedom of speech protected by the First Amendment."[46]

A browser plugin called MAFIAAFire Redirector was created in March 2011 that redirects visitors to an alternative domain when a site's primary domain has been seized. The Mozilla Foundation says that United States Department of Homeland Security (DHS) requested by phone that Mozilla remove the plugin, a request with which they have not yet complied. Instead, Mozilla's legal counsel has asked for further information from the DHS, including legal justification for the request.[62]

The Information Technology and Innovation Foundation (ITIF) argued that concerns about the domain name remedy in the legislation were undercut by the already ongoing use of these approaches to counter spam and malware.[63] According to Daniel Castro, an ITIF analyst, DNS blocking is practiced in several democracies without "breaking the internet", including the Netherlands, Austria, Belgium, Denmark, Finland and South Korea.[29] ITIF's CEO compared the DNS provisions to car door locks, writing that even though they aren't foolproof they can still be useful.[60][61]

On January 12, 2012, Sen. Patrick Leahy (D-VT.), Chairman of the Senate Judiciary Committee, said he would be willing to remove a controversial DNS-filtering provision from the bill. "I've authorized my staff to tell ... the other senators that I'm willing to hold that back in the final piece of legislation," Senator Leahy said. "That in itself will remove a lot of the opposition that we now have."[64][65] Rep. Lamar Smith (R-TX), primary sponsor of the related House bill also expressed an intent to remove the DNS blocking provisions from SOPA.[66]

Civil liberties issues

First Amendment scholars Laurence Tribe and Marvin Ammori raised concerns over how the PROTECT IP act would impact free speech, arguing that the act doesn't target just foreign rogue sites, and would extend to "domestic websites that merely 'facilitate' or 'enable' infringement. Thus, in their language, the bills target considerable protected speech on legitimate sites such as YouTube, Twitter, and Facebook."[67] Ammori says that the PROTECT IP Act and the Stop Online Piracy Act "would miss their mark and silence a lot of non-infringing speech."[68]

The bill has been criticized by Abigail Phillips of the Electronic Frontier Foundation for not being specific about what constitutes an infringing web site. For example, if WikiLeaks were accused of distributing copyrighted content, U.S. search engines could be served a court order to block search results pointing to Wikileaks. Requiring search engines to remove links to an entire website altogether due to an infringing page would raise free speech concerns regarding lawful content hosted elsewhere on the site.[36]

Google chairman Eric Schmidt stated that the measures called for in PIPA are overly simple solutions to a complex problem, and that the precedent set by pruning DNS entries is bad from the viewpoint of free speech and would be a step toward less permissive Internet environments, such as China's. As the chairman of the company that owns the world's largest search engine, Schmidt said "If there is a law that requires DNSs to do X and it's passed by both Houses of Congress and signed by the President of the United States and we disagree with it then we would still fight it."[69]

Constitutional law expert Floyd Abrams said, "The Protect IP Act neither compels nor prohibits free speech or communication... the bill sets a high bar in defining when a website or domain is eligible for potential actions by the Attorney General...".[27]

Concern for user-generated sites

Opponents of the legislation warn that the PROTECT IP Act would have a negative impact on online communities. Journalist Rebecca MacKinnon argued in an op-ed that making companies liable for users' actions could have a chilling effect on user-generated sites like YouTube. "The intention is not the same as China's Great Firewall, a nationwide system of Web censorship, but the practical effect could be similar", she says.[70] Policy analysts for New America Foundation say this legislation would enable law enforcement to take down an entire domain due to something posted on a single blog: "Yes, an entire, largely innocent online community could be punished for the actions of a tiny minority."[71]

Business and innovation issues

A legal analysis by the Congressional Research Service (CRS) notes concerns by opponents such as American Express and Google that the inclusion of a private cause of action would result in stifled Internet innovation, protect outdated business models and at the cost of an overwhelming number of suits from content producers.[72] "Legislation should not include a private right of action that would invite suits by 'trolls' to extort settlements from intermediaries or sites who are making good faith efforts to comply with the law," Google Senior Vice-president and General Counsel Kent Walker has said in Congressional testimony.[73]

"Rogue sites jeopardize jobs for film and TV workers," according to the Motion Picture Association of America, which cites several government and independent industry studies on the effects of online piracy, including a report[74] by Envisional Ltd. which concluded that one quarter of the content on the internet infringes copyright.[75][76][77] The Recording Industry Association of America points to a 2007 study[78] by the Institute for Policy Innovation which found that online piracy caused $12.5 billion in losses to the U.S. economy and more than 70,000 lost jobs.[79][80]

"If we need to amend the DMCA, let's do it with a negotiation between the interested parties, not with a bill written by the content industry's lobbyists and jammed through Congress on a fast track," wrote venture capitalist and Business Insider columnist Fred Wilson in an October 29 editorial on the changes that the House and Senate versions of the proposed legislation would make to the safe harbor provisions of the DMCA. "Companies like Apple, Google, Facebook, and startups like Dropbox, Kickstarter, and Twilio are the leading exporters and job creators of this time. They are the golden goose of the economy and we cannot kill the golden goose to protect industries in decline," he said.[81] The impact of the law on small businesses and entrepreneurs may also be disproportionate due to the high costs of complying with its legal, technical and administrative requirements.[82]

Online protests against the bill and announcement of delay

Main article: Protests against SOPA and PIPA

On January 18, 2012, widespread online protests against SOPA and PIPA were held that included an English Wikipedia blackout. These protests were initiated when Fight for the Future organized[83][84] thousands of the most popular websites in the world, including Reddit, Craigslist, and the English Wikipedia, to consider temporarily closing their content and redirecting users to a message opposing the proposed legislation. Several senators who sponsored PIPA, including Roy Blunt (R-MO) and John Boozman (R-AR) announced that they would withdraw support for the bill;[85] on January 20 Senate Majority Leader Reid announced that a vote on PIPA would be postponed.[7] Senator Leahy issued a press release stating that he understood Reid's decision "but the day will come when the Senators who forced this move will look back and realize they made a knee-jerk reaction to a monumental problem. Somewhere in China today, in Russia today, and in many other countries that do not respect American intellectual property, criminals who do nothing but peddle in counterfeit products and stolen American content are smugly watching how the United States Senate decided it was not even worth debating how to stop the overseas criminals from draining our economy."[86]

See also

References

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  2. ^ "S. 968: Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011". GovTrack. Retrieved May 22, 2011.
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  4. ^ Wyden, Ron. "Overreaching Legislation Still Poses a Significant Threat to Internet Commerce, Innovation and Free Speech". Sovereign. Retrieved May 28, 2011.
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External links

January 13, 2023
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This article needs to be updated Please help update this article to reflect recent events or newly available information September 2019 The PROTECT IP Act Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act or PIPA was a proposed law with the stated goal of giving the US government and copyright holders additional tools to curb access to rogue websites dedicated to the sale of infringing or counterfeit goods especially those registered outside the U S 1 The bill was introduced on May 12 2011 by Senator Patrick Leahy D VT and 11 bipartisan co sponsors 2 The Congressional Budget Office estimated that implementation of the bill would cost the federal government 47 million through 2016 to cover enforcement costs and the hiring and training of 22 new special agents and 26 support staff 3 The Senate Judiciary Committee passed the bill but Senator Ron Wyden D OR placed a hold on it 4 PROTECT IP ActLong titlePreventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011Acronyms colloquial PIPALegislative historyIntroduced in the Senate as S 968 by Patrick Leahy D VT on May 12 2011The PROTECT IP Act is a re write of the Combating Online Infringement and Counterfeits Act COICA 5 which failed to pass in 2010 A similar House version of the bill the Stop Online Piracy Act SOPA was introduced on October 26 2011 6 In the wake of online protests held on January 18 2012 Senate Majority Leader Harry Reid announced that a vote on the bill would be postponed until issues raised about the bill were resolved 7 8 9 Contents 1 Content 2 Supporters 2 1 Legislators 2 2 Companies and trade organizations 2 3 Others 3 Opponents 3 1 Legislators 3 2 Companies and organizations 3 3 Others 4 Reception 4 1 Technical objections to DNS blocking and redirection 4 2 Civil liberties issues 4 3 Concern for user generated sites 4 4 Business and innovation issues 5 Online protests against the bill and announcement of delay 6 See also 7 References 8 External linksContent EditThe bill defines infringement as distribution of illegal copies counterfeit goods or anti digital rights management technology Infringement exists if facts or circumstances suggest the site is used primarily as a means for engaging in enabling or facilitating the activities described 10 The bill says that it does not alter existing substantive trademark or copyright law 11 The bill provides for enhancing enforcement against rogue websites operated and registered overseas and authorizes the United States Department of Justice to seek a court order in rem against websites dedicated to infringing activities if through due diligence an individual owner or operator cannot be located 12 The bill requires the Attorney General to serve notice to the defendant 13 Once the court issues an order it could be served on financial transaction providers Internet advertising services Internet service providers and information location tools to require them to stop financial transactions with the rogue site and remove links to it 14 The term information location tool is borrowed from the Digital Millennium Copyright Act and is understood to refer to search engines but could cover other sites that link to content 15 The PROTECT IP Act says that an information location tool shall take technically feasible and reasonable measures as expeditiously as possible to remove or disable access to the Internet site associated with the domain name set forth in the order In addition it must delete all hyperlinks to the offending Internet site 16 Nonauthoritative domain name servers would be ordered to take technically feasible and reasonable steps to prevent the domain name from resolving to the IP address of a website that had been found by the court to be dedicated to infringing activities 17 The website could still be reached by its IP address but links or users that used the website s domain name would not reach it Search engines such as Google would be ordered to i remove or disable access to the Internet site associated with the domain name set forth in the court order or ii not serve a hypertext link to such Internet site 18 Trademark and copyright holders who have been harmed by the activities of a website dedicated to infringing activities would be able to apply for a court injunction against the domain name to compel financial transaction providers and Internet advertising services to stop processing transactions to and placing ads on the website but would not be able to obtain the domain name remedies available to the Attorney General 19 Supporters EditLegislators Edit Main article List of US Congresspersons who support or oppose SOPA PIPA Sen Patrick Leahy D Vt The PROTECT IP Act has received bipartisan support in the Senate with introduction sponsorship by Senator Patrick Leahy D VT and as of December 17 2011 co sponsorship by 40 Senators 20 Companies and trade organizations Edit The bill is supported by copyright and trademark owners in business industry and labor groups spanning all sectors of the economy Supporters include the National Cable amp Telecommunications Association the Independent Film amp Television Alliance the National Association of Theatre Owners the Motion Picture Association of America the Directors Guild of America the American Federation of Musicians the American Federation of Television and Radio Artists the International Alliance of Theatrical Stage Employees the Screen Actors Guild International Brotherhood of Teamsters Nashville Songwriters Association International Songwriters Guild of America Viacom Institute for Policy Innovation Macmillan Publishers Acushnet Company Recording Industry Association of America Copyright Alliance and NBCUniversal 21 22 The U S Chamber of Commerce and AFL CIO have come together in support of the bill In May and September 2011 two letters signed by 170 and 359 businesses and organizations respectively including the National Association of Manufacturers NAM the Small Business amp Entrepreneurship Council Nike 1 800 Pet Meds L Oreal Rosetta Stone Pfizer Ford Motor Company Revlon NBA and Sony were sent to Congress which endorsed the Act and encouraged the passage of legislation to protect intellectual property and shut down rogue websites 23 24 25 David Hirschmann of the Chamber of Commerce complained about the state of the political debate in January 2012 saying that talk of loss of freedoms and censorship has nothing to do with the substance of the bills Hirschmann promised to use every tool in our toolbox to make sure members of Congress know what s in these bills 26 Others Edit Constitutional expert Floyd Abrams representing the MPAA and related trade groups wrote a Letter to Congress stating that the proposed PROTECT IP Act is constitutionally sound 27 Daniel Castro of the Information Technology and Innovation Foundation ITIF a think tank funded in part by the Information Technology Industry Council and the publisher of a 2009 report titled Steal These Policies 28 that formed the basis for both SOPA and PIPA defended PIPA s predecessor bill COICA in March 2011 saying nobody s talking about taking down someone s personal website because they happen to use a copyrighted photo 29 In January 2012 ITIF Senior Research Fellow Richard Bennett said that criticism of the legislation was misinformed and overblown t he critics either don t understand what the bills do or are misrepresenting what the bills do There s sort of a hysterical climate of criticism where people are objecting to something the bills don t do and are promoting noble causes like free speech and democracy but there is not much connection between what they are complaining about and what s in the legislation 30 Opponents Edit The English language Wikipedia page on January 18 2012 illustrating its international blackout in opposition to SOPA and PIPA Legislators Edit Main article List of US Congresspersons who support or oppose SOPA PIPA Oregon Senator Ron Wyden D has publicly voiced opposition to the legislation and placed a Senate hold on it in May 2011 citing concerns over possible damage to freedom of speech innovation and Internet integrity 31 Massachusetts Senator Scott Brown R has also publicly voiced his opposition to the legislation as well as its sister bill in the House SOPA 32 Congressional opponents of PROTECT IP have introduced an alternative bill called the Online Protection and Enforcement of Digital Trade Act OPEN Act 33 34 Companies and organizations Edit Among those who oppose the legislation are the Mozilla Corporation 35 Facebook 35 Electronic Frontier Foundation 36 Yahoo eBay American Express Reddit Google 37 Reporters Without Borders Human Rights Watch 38 English Wikipedia 39 Entertainment Consumers Association 40 and Uncyclopedia citation needed Internet entrepreneurs including Reid Hoffman of LinkedIn Twitter co founder Evan Williams and Foursquare co founder Dennis Crowley signed a letter to Congress expressing their opposition to the legislation 41 The Tea Party Patriots have argued that the bill is bad for consumers 42 A letter of opposition was signed by 130 technology entrepreneurs and executives and sent to Congress to express their concern that the law in its present form would hurt economic growth and chill innovation in legitimate services that help people create communicate and make money online 43 English language Wikipedia sites joined other Internet sites in protesting the PIPA and SOPA legislation by staging a blackout of service for 24 hours on January 18 2012 Many websites protested including Wikipedia CNet and Cheezburger network sites Some websites denied access to their websites altogether 44 Campaigner Peter Bradwell of the Open Rights Group argues how this act could have a negative influence among other countries who are also considering this bill These two bills are too broad and so badly worded that perfectly lawful sites could be censored One reason we re joining these protests is that we face very similar issues in UK copyright enforcement policies Highlighting these flaws should help UK policymakers avoid making the same mistakes 45 Others Edit Law professors Mark Lemley Stanford University David S Levine Elon University and David G Post Temple University have criticized the PROTECT IP Act and SOPA 46 Reception EditOn January 14 2012 White House officials posted a statement saying Any effort to combat online piracy must guard against the risk of online censorship of lawful activity and must not inhibit innovation by our dynamic businesses large and small and We must avoid creating new cybersecurity risks or disrupting the underlying architecture of the Internet 47 48 49 50 Technical objections to DNS blocking and redirection Edit The bill originally contained measures which would allow the stripping of rogue websites out of the Domain Name System DNS the Internet s virtual phone book If a user entered the web address of a rogue site it would appear the site did not exist The bill s sponsors have said they are removing this provision 51 According to Sherwin Siy of Public Knowledge past attempts to limit copyright infringement online by way of blocking domains have always generated criticism that doing so would fracture the Domain Name System and threaten the global functionality of the Internet with the original draft of this bill being no different By design all domain name servers worldwide should contain identical lists with the changes initially proposed servers inside the United States would have records different from their global counterparts making URLs less universal 52 53 Five Internet engineers Steve Crocker David Dagon Dan Kaminsky Danny McPherson and Paul Vixie prepared a whitepaper 54 which states that the DNS filtering provisions in the original bill raise serious technical and security concerns and would break the Internet while other engineers and proponents of the act have called those concerns groundless and without merit 55 56 57 58 59 60 One concern expressed by network experts is that hackers would offer workarounds to private users to allow access to government seized sites but these workarounds might also jeopardize security by redirecting unsuspecting users to scam websites Supporters of the bill such as the MPAA and RIAA have argued that widespread circumvention of the filtering would be unlikely The CEO of the Information Technology and Innovation Foundation compared the DNS provisions to car door locks noting that while they aren t foolproof against thieves we should still use them 60 61 A group of Law professors quoting Crocker s whitepaper say that the PROTECT IP and Stop Online Piracy Acts could have the opposite of the intended impact driving users to unregulated alternative DNS systems and hindering the government from conducting legitimate Internet regulation 46 They question the constitutionality of both bills believing they could have potentially disastrous technical consequences and would make US Internet law more like those of repressive regimes 46 They go on to state that both bills provide nothing more than ex parte proceedings proceedings at which only one side the prosecutor or even a private plaintiff need present evidence and the operator of the allegedly infringing site need not be present nor even made aware that the action was pending against his or her property This not only violates basic principles of due process by depriving persons of property without a fair hearing and a reasonable opportunity to be heard it also constitutes an unconstitutional abridgement of the freedom of speech protected by the First Amendment 46 A browser plugin called MAFIAAFire Redirector was created in March 2011 that redirects visitors to an alternative domain when a site s primary domain has been seized The Mozilla Foundation says that United States Department of Homeland Security DHS requested by phone that Mozilla remove the plugin a request with which they have not yet complied Instead Mozilla s legal counsel has asked for further information from the DHS including legal justification for the request 62 The Information Technology and Innovation Foundation ITIF argued that concerns about the domain name remedy in the legislation were undercut by the already ongoing use of these approaches to counter spam and malware 63 According to Daniel Castro an ITIF analyst DNS blocking is practiced in several democracies without breaking the internet including the Netherlands Austria Belgium Denmark Finland and South Korea 29 ITIF s CEO compared the DNS provisions to car door locks writing that even though they aren t foolproof they can still be useful 60 61 On January 12 2012 Sen Patrick Leahy D VT Chairman of the Senate Judiciary Committee said he would be willing to remove a controversial DNS filtering provision from the bill I ve authorized my staff to tell the other senators that I m willing to hold that back in the final piece of legislation Senator Leahy said That in itself will remove a lot of the opposition that we now have 64 65 Rep Lamar Smith R TX primary sponsor of the related House bill also expressed an intent to remove the DNS blocking provisions from SOPA 66 Civil liberties issues Edit First Amendment scholars Laurence Tribe and Marvin Ammori raised concerns over how the PROTECT IP act would impact free speech arguing that the act doesn t target just foreign rogue sites and would extend to domestic websites that merely facilitate or enable infringement Thus in their language the bills target considerable protected speech on legitimate sites such as YouTube Twitter and Facebook 67 Ammori says that the PROTECT IP Act and the Stop Online Piracy Act would miss their mark and silence a lot of non infringing speech 68 The bill has been criticized by Abigail Phillips of the Electronic Frontier Foundation for not being specific about what constitutes an infringing web site For example if WikiLeaks were accused of distributing copyrighted content U S search engines could be served a court order to block search results pointing to Wikileaks Requiring search engines to remove links to an entire website altogether due to an infringing page would raise free speech concerns regarding lawful content hosted elsewhere on the site 36 Google chairman Eric Schmidt stated that the measures called for in PIPA are overly simple solutions to a complex problem and that the precedent set by pruning DNS entries is bad from the viewpoint of free speech and would be a step toward less permissive Internet environments such as China s As the chairman of the company that owns the world s largest search engine Schmidt said If there is a law that requires DNSs to do X and it s passed by both Houses of Congress and signed by the President of the United States and we disagree with it then we would still fight it 69 Constitutional law expert Floyd Abrams said The Protect IP Act neither compels nor prohibits free speech or communication the bill sets a high bar in defining when a website or domain is eligible for potential actions by the Attorney General 27 Concern for user generated sites Edit Opponents of the legislation warn that the PROTECT IP Act would have a negative impact on online communities Journalist Rebecca MacKinnon argued in an op ed that making companies liable for users actions could have a chilling effect on user generated sites like YouTube The intention is not the same as China s Great Firewall a nationwide system of Web censorship but the practical effect could be similar she says 70 Policy analysts for New America Foundation say this legislation would enable law enforcement to take down an entire domain due to something posted on a single blog Yes an entire largely innocent online community could be punished for the actions of a tiny minority 71 Business and innovation issues Edit A legal analysis by the Congressional Research Service CRS notes concerns by opponents such as American Express and Google that the inclusion of a private cause of action would result in stifled Internet innovation protect outdated business models and at the cost of an overwhelming number of suits from content producers 72 Legislation should not include a private right of action that would invite suits by trolls to extort settlements from intermediaries or sites who are making good faith efforts to comply with the law Google Senior Vice president and General Counsel Kent Walker has said in Congressional testimony 73 Rogue sites jeopardize jobs for film and TV workers according to the Motion Picture Association of America which cites several government and independent industry studies on the effects of online piracy including a report 74 by Envisional Ltd which concluded that one quarter of the content on the internet infringes copyright 75 76 77 The Recording Industry Association of America points to a 2007 study 78 by the Institute for Policy Innovation which found that online piracy caused 12 5 billion in losses to the U S economy and more than 70 000 lost jobs 79 80 If we need to amend the DMCA let s do it with a negotiation between the interested parties not with a bill written by the content industry s lobbyists and jammed through Congress on a fast track wrote venture capitalist and Business Insider columnist Fred Wilson in an October 29 editorial on the changes that the House and Senate versions of the proposed legislation would make to the safe harbor provisions of the DMCA Companies like Apple Google Facebook and startups like Dropbox Kickstarter and Twilio are the leading exporters and job creators of this time They are the golden goose of the economy and we cannot kill the golden goose to protect industries in decline he said 81 The impact of the law on small businesses and entrepreneurs may also be disproportionate due to the high costs of complying with its legal technical and administrative requirements 82 Online protests against the bill and announcement of delay EditMain article Protests against SOPA and PIPA On January 18 2012 widespread online protests against SOPA and PIPA were held that included an English Wikipedia blackout These protests were initiated when Fight for the Future organized 83 84 thousands of the most popular websites in the world including Reddit Craigslist and the English Wikipedia to consider temporarily closing their content and redirecting users to a message opposing the proposed legislation Several senators who sponsored PIPA including Roy Blunt R MO and John Boozman R AR announced that they would withdraw support for the bill 85 on January 20 Senate Majority Leader Reid announced that a vote on PIPA would be postponed 7 Senator Leahy issued a press release stating that he understood Reid s decision but the day will come when the Senators who forced this move will look back and realize they made a knee jerk reaction to a monumental problem Somewhere in China today in Russia today and in many other countries that do not respect American intellectual property criminals who do nothing but peddle in counterfeit products and stolen American content are smugly watching how the United States Senate decided it was not even worth debating how to stop the overseas criminals from draining our economy 86 See also EditAnti Counterfeiting Trade Agreement ACTA Commercial Felony Streaming Act Bill S 978 Communications Decency Act contains pertinent definition of interactive computer service Copyright bills in the 2011 2012 United States Congress Copyright Term Extension Act increased the length of copyright to as much as 120 years in some cases Cyber Intelligence Sharing and Protection Act PRO IP Act a 2008 law cited as a legal basis for Operation In Our Sites Protests against SOPA and PIPA Protecting Children from Internet Pornographers Act of 2011 another proposed law which may create online privacy issues Stop Online Piracy Act SOPA the corresponding House bill Trade group efforts against file sharing Trans Pacific Partnership Trans Pacific Strategic Economic PartnershipReferences Edit Senate bill amounts to death penalty for Web sites CNet May 12 2011 Retrieved November 7 2011 S 968 Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 GovTrack Retrieved May 22 2011 CBO Scores PROTECT IP Act The Hill August 19 2011 Wyden Ron Overreaching Legislation Still Poses a Significant Threat to Internet Commerce Innovation and Free Speech Sovereign Retrieved May 28 2011 Americans face piracy website blocking BBC May 13 2011 Retrieved May 24 2011 Stop Online Piracy Act 112th Cong October 26 2011 Retrieved November 7 2011 a b Weisman Jonathan January 20 2012 After an Online Firestorm Congress Shelves Antipiracy Bills NY Times Retrieved January 20 2012 Stephanie Condon January 20 2012 PIPA SOPA put on hold in wake of protests CBS News Chozick Amy July 9 2012 Tech and Media Elite Are Likely to Debate Piracy New York Times Retrieved July 10 2012 Bill Text PROTECT IP Act Govtrack us Retrieved December 21 2011 See PROTECT IP Act of 2011 S 968 112th Cong 6 Text of S 968 Govtrack us May 26 2011 Retrieved June 23 2011 PROTECT IP Act of 2011 S 968 112th Cong 3 b 1 Text of S 968 Govtrack us May 26 2011 Retrieved June 23 2011 PROTECT IP Act of 2011 S 968 112th Cong 3 c 1 Text of S 968 Govtrack us May 26 2011 Retrieved June 23 2011 PROTECT IP Act of 2011 S 968 112th Cong 3 d 2 Text of S 968 Govtrack us May 26 2011 Retrieved June 23 2011 17 U S C 512 d PROTECT IP Act of 2011 S 968 112th Cong 3 d 2 D Text of S 968 Govtrack us May 26 2011 Retrieved June 23 2011 Bill Text PROTECT IP Act PROTECT IP Act of 2011 S 968 112th Cong 3 d 2 A i Text of S 968 Govtrack us May 26 2011 Retrieved June 23 2011 PROTECT IP Act of 2011 S 968 112th Cong 3 d 2 D Text of S 968 Govtrack us May 26 2011 Retrieved June 23 2011 PROTECT IP Act of 2011 S 968 112th Cong 4 d 2 Text of S 968 Govtrack us May 26 2011 Retrieved June 23 2011 Bill Summary amp Status 112th Congress 2011 2012 S 968 Cosponsors Bill Summary amp Status Archived September 4 2013 at the Wayback Machine The co sponsoring senators include Lamar Alexander Kelly Ayotte Michael F Bennet Jeff Bingaman Richard Blumenthal Roy Blunt John Boozman Barbara Boxer Sherrod Brown Benjamin L Cardin Robert P Casey Jr Saxby Chambliss Thad Cochran Christopher A Coons Bob Corker Richard Durbin Michael B Enzi Dianne Feinstein Al Franken Kirsten E Gillibrand Lindsey Graham Chuck Grassley Kay Hagan Orrin G Hatch Johnny Isakson Tim Johnson Amy Klobuchar Herb Kohl Mary L Landrieu Joseph I Lieberman John McCain Robert Menendez Bill Nelson James E Risch Marco Rubio Charles E Schumer Jeanne Shaheen Tom Udall David Vitter Sheldon Whitehouse and Jerry Moran Spence Kate May 12 2011 A Broad Coalition Indeed Archived from the original on September 25 2012 Retrieved June 11 2011 In Support of PROTECT IP Act May 25 2011 Chamber Presses Gas Pedal on IP Push Politico Morning Tech September 22 2011 26 2011 pdf Endorsement by 170 Businesses permanent dead link Chamber of Commerce Global IP Center May 25 2011 Letter to Congress in Support of Legislation Archived November 18 2011 at the Wayback Machine Chamber of Commerce Global IP Center September 22 2011 Jenna Wortham January 17 2012 Protest on Web Uses Shutdown to Take On Two Piracy Bills The New York Times a b Letter from Floyd Abrams to Chairman Leahy Ranking Member Grassley and Senator Hatch May 23 2011 Letter of Support Archived March 31 2012 at the Wayback Machine Retrieved June 23 2011 December 15 2009 Steal These Policies Strategies for Combating Digital Piracy Information Technology and Innovation Foundation a b Nate Anderson March 2009 Why the US needs to blacklist censor pirate websites Ars Technica Carolyn Lochhead January 16 2012 Debate over Internet piracy legislation heats up San Francisco Chronicle Wyden Places Hold on Protect IP Act wyden senate gov May 26 2011 Senator Brown Says He ll Vote No on Anti Piracy Bills Retrieved January 17 2012 Sasso Brendan December 19 2011 Sen Wyden pushes anti piracy alternative Hillicon Valley The Hill Retrieved December 21 2011 SOPA vs PIPA vs OPEN KeepTheWebOpen com Archived from the original on April 26 2012 Retrieved December 21 2011 a b Letter of concern PDF a b Phillips Abigail May 12 2011 The PROTECT IP Act COICA Redux Retrieved May 22 2011 Gaitonde Rahul May 27 2011 Senate Committee Passes PROTECT IP Act But Wyden Issues Quick Halt Broadband Breakfast Retrieved May 28 2011 The Undersigned 2011 Public Interest Letter to Senate Committee on the Judiciary in Opposition to S 968 PROTECT IP Act of 2011 PDF pp 1 2 Archived from the original PDF on June 3 2011 Retrieved May 30 2011 English Wikipedia anti SOPA blackout Retrieved January 17 2012 SOPA PROTECT IP Would Be Hideously Bad For Video Gamers Techdirt 2011 11 16 Retrieved on 2013 07 31 Tech Entrepreneurs Oppose Online Copyright Bill The Hill September 8 2011 Tea Party Group Slams Online Copyright Bill The Hill September 26 2011 Opinion File pdfs Los Angeles Times September 4 2011 Wikipedia to join Web blackout protesting SOPA CNet January 16 2012 Greek Dinah US piracy proposals could affect UK Computer Act ve Retrieved April 11 2012 a b c d Lemley Mark Levine David S Post David G December 19 2011 Don t Break the Internet Stanford Law Review Retrieved December 21 2011 Espinel Victoria Chopra Aneesh Schmidt Howard January 14 2012 Combating Online Piracy While Protecting an Open and Innovative Internet Report White House Archived from the original on November 24 2011 Retrieved January 14 2012 Phillips Mark January 14 2012 Obama Administration Responds to We the People Petitions on SOPA and Online Piracy whitehouse gov Retrieved January 14 2012 via National Archives Wyatt Edward January 14 2012 White House Says It Opposes Parts of Two Antipiracy Bills NY Times Retrieved January 15 2012 Thomas Ken January 14 2012 White House concerned over online piracy bills Associated Press Retrieved January 14 2012 SOPA protests to shut down Web sites The Washington Post January 17 2012 Siy Sherwin COICA v 2 0 the PROTECT IP Act Policy Blog Public Knowledge Archived from the original on May 23 2011 Retrieved May 24 2011 Senate Panel Approves Controversial Copyright Bill PC World May 26 2011 PROTECT IP Technical Whitepaper May 12 2011 DNS Filtering is Essential to the Internet HighTech Forum June 24 2011 The Big Debate on DNS Filtering and DNSSEC HighTech Forum July 21 2011 Engineers PROTECT IP Act would break DNS PC World Australia July 15 2011 David Kravets May 31 2011 Internet Researchers Decry DNS Filtering Legislation Wired Declan McCullagh June 7 2011 Protect IP copyright bill faces growing criticism CNet News a b c Stopping the Pirates Who Roam the Web The New York Times June 17 2011 a b Internet Bill Could Help Hackers Experts Warn Archived January 11 2012 at the Wayback Machine NationalJournal July 14 2011 Mozilla fights DHS over anti MPAA RIAA utility CNET News May 6 2011 Hearings Before the Committee on Judiciary Subcommittee on Intellectual Property Competition and the Internet Archived August 10 2011 at the Wayback Machine Page 10 March 14 2011 Gruenwald Juliana January 12 2012 Leahy Offers Major Concession On Online Piracy Bill National Journal Archived from the original on January 12 2012 Retrieved January 13 2012 Comment Of Senator Patrick Leahy On Internet Service Providers And The PROTECT IP Act Press Release Leahy January 12 2012 Kravets David January 12 2012 Rep Smith Waters Down SOPA DNS RedirectsOut Wired Retrieved January 12 2012 Ammori Marvin December 8 2011 Controversial Copyright Bills Would Violate First Amendment Letters to Congress by Laurence Tribe and Me Ammori org Retrieved January 8 2012 Ammori Marvin December 15 2011 Should Copyright Be Allowed to Override Speech Rights The Atlantic Retrieved January 8 2012 Halliday Josh May 18 2011 Google boss anti piracy laws would be disaster for free speech The Guardian Retrieved May 24 2011 Stop the Great Firewall of America By REBECCA MacKINNON NYT November 15 2011 James Losey amp Sascha Meinrath December 8 2011 The Internet s Intolerable Acts Slate Magazine Retrieved December 11 2011 Brian Yeh Jonathan Miller July 7 2011 A Legal Analysis of S 968 the PROTECT IP Act PDF Congressional Research Service a href Template Cite journal html title Template Cite journal cite journal a Cite journal requires journal help Nate Anderson April 6 2011 Google don t give private trolls Web censorship power Law and Disorder Technical Report An Estimate of Infringing Use of the Internet Archived April 25 2012 at the Wayback Machine Envisional Ltd January 26 2011 Rogue Websites Motion Picture Association of America March 30 2011 Industry Reports Motion Picture Association of America March 30 2011 The Cost of Content Theft by the Numbers Motion Picture Association of America Executive Summary Archived November 25 2011 at the Wayback Machine Institute for Policy Innovation Who Music Theft Hurts Recording Industry Association of America Retrieved December 21 2011 Scope of the Problem Recording Industry Association of America Fred Wilson October 29 2011 Protecting The Safe Harbors of the DMCA And Protecting Jobs A VC Archived from the original on January 14 2012 Retrieved November 13 2011 Jon Radoff January 17 2012 PIPA and SOPA Bad for Business Archived from the original on February 10 2012 Retrieved January 17 2012 Wortham Jenna January 20 2012 Public Outcry Over Antipiracy Bills Began as Grass Roots Grumbling The New York Times ISSN 0362 4331 Retrieved June 14 2021 SOPA petition gets millions of signatures as internet piracy legislation protests continue Washington Post ISSN 0190 8286 Retrieved June 14 2021 Jasmin Melvin January 21 2012 U S Congress puts brakes on anti piracy bills uk reuters com Thomson Reuters Retrieved January 20 2012 Comment Of Senator Patrick Leahy On Postponement Of The Vote On Cloture On The Motion To Proceed To The PROTECT IP Act leahy senate gov January 20 2012External links EditText of the bill GovTrack Bill S 968 Bill summary amp Statistics Thomas Archived July 3 2016 at the Wayback Machine Original PDF and mirror Cost estimate by the CBO What Wikipedia Won t Tell You Cary H Sherman CEO RIAA NYT Op Ed 02 08 2012 It s Evolution Stupid Peter Sunde Co Founder The Pirate Bay Wired Column 02 10 2012 Retrieved from https en wikipedia org w index php title PROTECT IP Act amp oldid 1107994239, wikipedia, wiki, book, books, library,

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