PROTECT IP Act

n May 12, 2011, Sen. Patrick Leahy (D-VT), along with Sens. Chuck Grassley (R-IA), Orrin Hatch (R-UT), and a bipartisan group of nine other original co-sponsors, introduced S. 968, the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act the PROTECT IP Act. This act would cut off foreign rogue sites that steal American jobs, hamper our economic growth, and harm our consumers.

Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act

KEY PROVISIONS OF THE PROTECT IP ACT

The act authorizes the U.S. Department of Justice to le a civil action against foreign rogue sites to obtain an order from the court if the site is dedicated to infringing activity. Such an order, if granted, requires Internet Service Providers (ISPs) and search engines not to link or connect users to the rogue site and will require payment processors and online advertising networks to cut off the ow of money to the rogue site. It will get them off our computers and out of our marketplace. The act gives rights owners the authority to bring action against rogue sites, whether domestic or foreign, but limits the court order to payment processors and online advertising networks. The act also encourages and protects strategic partners when they take voluntary action to cut off rogue sites, including sites that illegally peddle prescription medication without requiring a prescription. The act provides the same notice and other due process protections available in all other federal cases, giving the domain name owners or site operators the right to defend themselves in court. In addition, it goes even further by allowing them to return after the case is over and convince the court that the website is no longer dedicated to IP theft.

ABOUT ROGUE SITES

Rogue sites are websites devoted to the sale of counterfeit goods or the distribution of pirated content. Their actions fundamentally threaten the foundations of Americas intellectual property-intensive industries that employ more than 19 million Americans, provide 60% of U.S. exports, and drive our economic growth to the tune of $7.7 trillion in gross output. Rogue sites steal jobs from our most creative and innovative sectors, threatening the long-term vitality of our economy. And the fakes that rogue sites offer are often shoddy or even harmful, putting consumers at risk. Rogue sites have no place in a legitimate online market. Counterfeiting and piracy are illegal. But many rogue site operators are outside of the United States, beyond the reach of our law enforcement authorities and our courts. From across the sea, they reach into our homes and businesses via the Internet to steal from us. The PROTECT IP Act can help change all that.

www.ghtonlinetheft.com | info@ghtonlinetheft.com

Tell Congress to act on rogue sites legislation to protect jobs and consumers!

Support for legislation to shut down rogue sites has come from business organizations, organized labor, businesses small and large, liberals and conservatives, think tanks, and public interest organizations.
Small Business and Entrepreneurship Council: As an advocate for entrepreneurship and small business owners, it is impossible to sit idle as rogue sites pose a direct threat to the companies that fuel economic growth and generate 65 percent of net new jobs. The challenges that rogue sites pose to our businesses is, in fact, no small matter. While businesses have learned to adapt to the online world, so must our laws that protect American companies and consumers. This is precisely why rogue sites legislation is needed, and urgently. International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, Its Territories and Canada: As the Guilds and Unions that represent 400,000 creators, performers and craftspeople who create the multitude of diverse lms, television programs and sound recordings that are enjoyed by billions of people around the world, we unequivocally support this bill which, by providing protection for our members work, clearly shows that our government will not condone or permit the wholesale looting of the American economy and American creativity and ingenuityregardless of how that looting is disguised on the Internet to fool the American consumer. The Institute for Liberty: Protecting our intellectual property rights is a fundamental, constitutional duty of our government. The theft perpetrated by rogue websites undermines the Founders design. The PROTECT IP Act is a critically needed tool to restore the Founders vision. Mark McKinnon, Republican Strategist and Co-Chair, Arts+Labs: PROTECT IP is a step in the right direction towards combating digital counterfeiting and piracy. We appreciate that this legislation starts from the premise that all actors in the Internet ecosystem should play a role in helping to protect the rights of those who create content, while, at the same time, acknowledging the important need for substantial due process safeguards and the central role of federal law enforcement. Mike McCurry, Former White House Press Secretary and Co-Chair, Arts+Labs: Every marketplace needs rules to protect people from fraud and theft, while avoiding rules that are overbearing. Rogue sites legislation strikes the right balance. It will disrupt the pirates and counterfeiters businesses and deprive them of what they want most--our money. By disrupting the business models of the pirates and counterfeiters, rogue sites legislation would make it less protable and more difcult for those who wish to engage in blatant IP theft. Floyd Abrams, First Amendment scholar: As a matter of both constitutional law and public policy, the United States must remain committed to defending both the right to speak and the ability to protect ones intellectual creations. This legislation does not impair or overcome the constitutional right to engage in speech; it protects creators of speech, as Congress has since this Nation was founded, by combating its theft. The Information Technology and Innovation Foundation: Rogue siteswebsites engaged in digital piracy or selling counterfeit goodssteal U.S. intellectual property and stunt economic growth, eliminate American jobs, and put U.S. consumers at risk. Websites that egregiously violate the law at the expense of American consumers and American workers have no place on the Internet. Hispanic Technology and Telecommunications Partnership: While the Internet is instrumental in connecting consumers with businesses, it also connects consumers with criminals dedicated to trademark counterfeiting and copyright piracy. Small, innovative businesses are hurt the most by the relative ease with which proteers establish websites that rip off their products.

www.ghtonlinetheft.com | info@ghtonlinetheft.com

Tell Congress to act on rogue sites legislation to protect jobs and consumers!