The Stop Online Piracy Act (SOPA) is a United States bill introduced by U.S. Representative Lamar S. Smith (R-TX) to expand the ability of U.S. law enforcement to fight online trafficking in copyrighted intellectual property and counterfeit goods. Provisions include the requesting of court orders to bar advertising networks and payment facilities from conducting business with infringing websites, and search engines from linking to the sites, and court orders requiring Internet service providers to block access to the sites. The law would expand existing criminal laws to include unauthorized streaming of copyrighted content, imposing a maximum penalty of five years in prison. A similar bill in the U.S. Senate is titled the PROTECT IP Act (PIPA).
Proponents of the legislation state it will protect the intellectual-property market and corresponding industry, jobs and revenue, and is necessary to bolster enforcement of copyright laws, especially against foreign websites. Claiming flaws in present laws that do not cover foreign-owned and operated sites, and citing examples of "active promotion of rogue websites" by U.S. search engines, proponents assert stronger enforcement tools are needed.
Opponents state the proposed legislation threatens free speech and innovation, and enables law enforcement to block access to entire internet domains due to infringing content posted on a single blog or webpage. They have raised concerns that SOPA would bypass the "safe harbor" protections from liability presently afforded to Internet sites by the Digital Millennium Copyright Act. Library associations have expressed concerns that the legislation's emphasis on stronger copyright enforcement would expose libraries to prosecution. Other opponents state that requiring search engines to delete a domain name could begin a worldwide arms race of unprecedented censorship of the Web and violates the First Amendment.
On January 18, 2012, the English Wikipedia, Reddit, and an estimated 7,000 other smaller websites coordinated a service blackout, to raise awareness. In excess of 160 million people viewed Wikipedia's banner. Other protests against SOPA and PIPA included petition drives, with Google stating it collected over 7 million signatures, boycotts of companies that support the legislation, and a rally held in New York City.
In response to the protest actions, the Recording Industry Association of America (RIAA) stated, "It's a dangerous and troubling development when the platforms that serve as gateways to information intentionally skew the facts to incite their users and arm them with misinformation", and "it's very difficult to counter the misinformation when the disseminators also own the platform."
The sites of several pro-SOPA organizations such as RIAA, CBS.com, and others were slowed or shut down with denial of service attacks started on January 19. Self-proclaimed members of the "hacktivist" group Anonymous claimed responsibility and stated the attacks were a protest of both SOPA and the United States Department of Justice's shutdown of Megaupload on that same day.
Opponents of the bill have proposed the Online Protection and Enforcement of Digital Trade Act (OPEN) as an alternative.On January 20, 2012, House Judiciary Committee Chairman Smith postponed plans to draft the bill: "The committee remains committed to finding a solution to the problem of online piracy that protects American intellectual property and innovation ... The House Judiciary Committee will postpone consideration of the legislation until there is wider agreement on a solution."
The originally proposed bill would allow the U.S. Department of Justice, as well as copyright holders, to seek court orders against websites outside U.S. jurisdiction accused of enabling or facilitating copyright infringement[clarification needed]. A court order requested by the DOJ could include barring online advertising networks and payment facilitators from conducting business with websites found to infringe on federal criminal intellectual-property laws, barring search engines from linking to such sites, and requiring Internet service providers to block access to such sites.
The bill establishes a two-step process for intellectual property-rights holders to seek relief if they have been harmed by a site dedicated to infringement. The rights holder must first notify, in writing, related payment facilitators and ad networks of the identity of the website, who, in turn, must then forward that notification and suspend services to that identified website, unless that site provides a counter notification explaining how it is not in violation. The rights holder can then sue for limited injunctive relief against the site operator, if such a counter notification is provided, or if the payment or advertising services fail to suspend service in the absence of a counter notification.
The second section covers penalties for streaming video and for selling counterfeit drugs, military materials, or consumer goods. The bill would increase penalties and expand copyright offenses to include unauthorized streaming of copyrighted content and other intellectual-property offenses. The bill would criminalize unauthorized streaming of copyrighted content, with a maximum penalty of five years in prison for ten such infringements within six months.
The bill provides immunity from liability to the ad and payment networks that comply with this Act or that take voluntary action to sever ties to such sites. Any copyright holder who knowingly misrepresents that a website is involved in copyright infringement would be liable for damages.
Supporters include the Motion Picture Association of America, pharmaceuticals makers, media businesses, and the United States Chamber of Commerce. They state it protects the intellectual-property market and corresponding industry, jobs and revenue, and is necessary to bolster enforcement of copyright laws, especially against foreign websites.They cite examples such as Google's $500 million settlement with the Department of Justice for its role in a scheme to target U.S. consumers with ads to illegally import prescription drugs from Canadian pharmacies.
Opponents state that it violates the First Amendment, is Internet censorship, will cripple the Internet, and will threaten whistle-blowing and other free speech actions.
In October, 2011, co-sponsor Representative Bob Goodlatte (R-VA), chairman of the House Judiciary Committee's Intellectual Property sub-panel, told The Hill that SOPA is a rewrite of the Senate's bill that addresses some tech-industry concerns, noting that under the House version of the legislation copyright holders won't be able to directly sue intermediaries such as search engines to block infringing websites and would instead need a court's approval before taking action against third parties.
No comments:
Post a Comment