Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
SOPA Analysis

SOPA Analysis

Ratings: (0)|Views: 82 |Likes:
Published by Amir Zonozi
CCT 709 analysis of SOPA
CCT 709 analysis of SOPA

More info:

Published by: Amir Zonozi on Feb 28, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

05/13/2014

pdf

text

original

 
The Stop Online Piracy Act (H.R.3291) or (SOPA) introduced by Rep. Lamar Smith (R-Texas) is currently under the consideration of the House’s Committee on the Judiciary.This is important because SOPA proposes controversial legislature critical towards thefunctioning future of the Internet. This paper does not address the Protect IP Act (PIPA),nor SOPA’s manager’s amendment rework. This paper will explain my analysis ofSOPA and why congress should not pass the bill in 4 parts.
First 
, I will provide a briefhistory and the current standing of intellectual property law applied to the Internet andhow SOPA works.
Second 
, I will provide the arguments provided by the sponsors ofSOPA and why they believe it should be passed.
Third 
, I will provide arguments onbehalf of the opponents of SOPA and describes arguments made exposing the bill asunconstitutional.
Fourth 
, I will conclude by explaining why SOPA should not be passed.
I. History
There are several acts passed that currently give copyright holders a method ofprotecting their intellectual property. The 1998 Digital Millennium Copy Right Act(DMCA) has set the standard around the world in Internet law and has set thefoundation of legal framework regarding digital content. Currently DMCA grants Internetcompanies immunity from third parties and user-posted content, so long as a theInternet company responds to owners of copyright notice of infringement. This systemserves as a balance, the DMCA protects the end users, and does not hold InternetAmir ZonoziCCT 709, Fall 2011Prof. SchruersFinal Paper
Analysis of “The Stop Online Piracy” Act (SOPA)
1
 
companies liable and force them to monitor their users’ actions as well as provides anefficient way for copyright holders to remove infringing content. The changes proposedby SOPA moves away from the DMCA and creates new line of legal framework indealing with digital content.The goal of SOPA is to target the theft and infringement of American intellectualproperty, copyrights and trademarks from foreign websites that are “dedicated to thetheft of U.S. property”. SOPA will allow the U.S. Government to block Americans fromvisiting domestic and foreign websites accused guilty of any copyright infringement,whether direct, or contributory infringement. This is critical because the U.S. sets thestandard for Internet law around the world, if passed, SOPA will influence othercountries to make censorship legal.SOPA aims to combat the theft of United States intellectual property by allowingplaintiffs, owners of intellectual property, the right to notify online advertising andpayment processors of alleged websites infringement of copyrighted content. Theseonline advertisers and payment processors have five days to suspend payments to theoperator of the website, and allow the website an opportunity to counter-notice, but arenot required to reinstate service. These online advertisers and payment processors gainimmunity from legal issues if compliant. If service is reinstated, plaintiffs are able to suethe infringing website, if found guilty the website will be forced to pay monetaryAmir ZonoziCCT 709, Fall 2011Prof. SchruersFinal Paper
Analysis of “The Stop Online Piracy” Act (SOPA)
2
 
sanctions and Domain Name Service (DNS) blocking against alleged infringing websitewill take place. DNS is a common method of denying access to certain websites andhas been used previously before by China, Iran and Syria. How DNS blocking works isthat each website is hosted on a web server that has an IP address. IP addresses arenot very user-friendly, as a result DNS was created to help make websites easier toremember, every website has one IP address. The DNS translates the string of numbersby searching through DNS servers provided by Internet Service Providers (ISPs). DNSblocking occurs when the ISPs remove the record of the blocked website, therefore theISP will not be able to connect you by the domain name.
1.II. Arguments Defending SOPA
1.
Problem that needs to be solved.
 1.1.Urgent need to protect freedom of expression on the Internet throughout theworld, the Internet is being used to distribute pirated intellectual property(Abrams).2.
Target: Foreign infringing websites
.2.1.SOPA targets theft and infringement of American intellectual property,copyrights and trademarks. SOPA protects American consumers from theactions of infringers who affect American copyright business and consumerswho are located outside of the United States.Amir ZonoziCCT 709, Fall 2011Prof. SchruersFinal Paper
Analysis of “The Stop Online Piracy” Act (SOPA)
3

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->