The PROTECT IP Act

Senate Judiciary Committee members reintroduced a controversial bill aimed at curbing the sale of counterfeit items online.

Senate Judiciary Chairman Patrick Leahy (D-VT), ranking member Chuck Grassley (R-Iowa), and Sen Orrin Hatch (R-Utah) said the bill will crack down on the worst infringers. The bill is updated from last year's controversial effort, which passed out of committee but drew strong opposition from Sen. Ron Wyden (D-OR) in ways that aim to narrow its mandate. For instance, it has a narrower definition of an Internet site “dedicated to infringing activities." " targets the most egregious actors, and is an important first step to putting a stop to online piracy and sale of counterfeit goods," Chairman Leahy said.

Key provisions of the bill:

• A narrower definition of an Internet site ‘dedicated to infringing activities';
• Authorization for the Attorney General to serve an issued court order on a search engine, in addition to payment processors, advertising networks and Internet service providers;
• Authorization for both the Attorney General and rights holders to bring actions against online infringers operating an Internet site or domain where the site is ‘dedicated to infringing activities,' but with remedies limited to eliminating the financial viability of the site, not blocking access;
• Requirement of plaintiffs to attempt to bring an action against the owner or registrant of the domain name used to access an Internet site ‘dedicated to infringing activities' before bringing an action against the domain name itself;
• Protection for domain name registries, registrars, search engines, payment processors, and advertising networks from damages resulting from their voluntary action against an Internet site ‘dedicated to infringing activities,' where that site also ‘endangers the public health,' by offering controlled or non-controlled prescription medication.

The content industry praised the effort.

Sherwin Siy, deputy legal director of Public Knowledge said:
“This bill has a new name, but it’s mostly more of the same. The new PROTECT IP bill, like its predecessor, alters the landscape of legal protections for Internet use in the name of cracking down on ‘rogue web sites.’ The bill, like the former COICA, overreaches in a number of areas, including allowing for the blacklists of web sites, the definitions of the types of companies covered by the bill and allowing private companies to get injunctions against credit card and other firms that serve targeted sites. The bill as written can still allow actions against sites that aren’t infringing on copyright if the site is seen to ‘enable or facilitate’ infringement — a definition that is far too broad. At the end of the day, the bill amounts to an acquiescence to the content lobby’s idea that everyone whose systems touch their content has a price to pay—if not in direct dollars, then in deputized vigilance on their behalf.”