The US Stop Online Piracy Act: A Primer

The Stop Online Plagiarization Act, the subordinate of a hearing before the U.S. House of Representatives of Representatives Judiciary Committee Wednesday, has generated heated debate since lawmakers introduced it on Oct. 26.

The bill, called SOPA, would provide the U.S. Section of Magistrate and right of first publication holders to seek court orders requiring online advertizing networks, payment processors and other organizations to stop payments to websites and Web-based services accused of copyright infringement.

Supporters of SOPA fence that U.S. law enforcement officials need New tools to fight websites, particularly foreign sites, that deal out infringing products, including music, movies, clothing and medicine. Some infringing products are chancy; others cost U.S. companies billions of dollars a yr, supporters say.

Current copyright enforcement Torah in the U.S. have teensy effectuate along hundreds of adulterating websites that sell counterfeit products or pirated music and movies, SOPA supporters say. While U.S. practice of law enforcement officials can close infringing sites in the U.S., they more often than not can't hand out tramontane sites, supporters enjoin.

"The sales event of counterfeit products and plagiarization of proprietary content online not only undermines our body politi's economy [just as wel] robs state and local governments of much-needed revenue and jobs," Washington state Attorney General Rob McKenna said in a statement discharged Wednesday. "Even worse, some insincere goods can pose sobering wellness and safety hazards to consumers. Varlet sites legislation seeks to clamp down on this scourge."

Opponents of the bill argue information technology would empower argumentative copyright holders to search romance orders targeting many legitimate websites, including sites with user-generated content such as Twitter and YouTube. The legislation would overturn the notice-and-takedown process in the Digital Millenary Copyright Act, and would slow U.S. engineering introduction, with new Web-based services belik targeted by copyright holders, critics say.

SOPA would lead to censorship of legitimate websites and protected free actor's line on sites that may contain just about infringing content, critics say. The placard is inconsistent with the U.S. Department of State's push for Internet freedom worldwide, they say.

"This is a broadside that would eviscerate the inevitable sanctioned environment created away the DMCA, subjecting online innovators to a new era of dubiety and jeopardy," said Saint David Sohn, senior insurance counsel at the Center for Democracy and Engineering science. "Information technology would force pervasive scrutiny and surveillance of Internet users' online activities. It would chill the outgrowth of social media and conscript all online platform into a recent office as content constabulary."

What's in the bill?

SOPA, introduced Oct. 26, would allow the U.S. Department of Justice to seek court orders to stop online AD networks and payment processors from doing business with external websites accused of enabling or facilitating copyright violatio.

The Department of Justice-requested motor inn orders could also bar search engines from linking to the allegedly infringing sites and order domain bring up registrars to take down the websites and Cyberspace service providers to block ratifier get at to the sites accused of infringing.

SOPA would also allow right of first publication holders to seek court orders requiring online advertising networks and payment processors to stop supportive the alleged infringers if those businesses do non follow with requests from copyright holders. The court orders requested by copyright holders could target U.S. websites and services that enable or facilitate right of first publication, in addition to foreign websites.

Segment 102 of the bill would set functioning the process for the DOJ to ask for court orders targeting online ad networks, payment processors, search engines, ISPs and domain name registrars. The Department of Justice would have to notify the owner of the allegedly infringing website that it is seeking a court order. The DOJ would decide if a site infringes copyright and it could determine a site is infringing if a "portion" of information technology has copyright violations.

Section 102 also says that ISPs, look for engines and the otherwise services ordered to stop doing business with an allegedly infringing site cannot be sued for cutting off service to that site.

Section 103 of the bill sets up a process for copyright holders to request that payment processors and online advertising networks stop doing business with sites alleged to "charter in, enable, or facilitate" right of first publication infringement. If the processors and ad networks refuse the asking, the copyright holders could seek a court order. The payment processors and AD networks hold seven days to express the court they experience complied or will comply with the regulate.

If a copyright bearer knowingly misrepresents that a site is dedicated to infringement, or if a respondent to an infringement lay claim wittingly misrepresents that a locate is not consecrate to misdemeanor, they pot be liable for damages, including homage costs and attorneys' fees.

Section 104 of SOPA gives effectual immunity to some service provider, payment network provider, Internet advertising service, advertiser, Internet search engine, domain name registry, operating room domain name registrar for voluntarily taking action against websites consecrate to violation.

Section 106 directs the U.S. registrar of copyrights to conduct a study on the effectiveness of SOPA and on "any need to amend the provisions of this title to conform to emerging technologies."

Section 201 would piddle it a law-breaking to stream, on the Web, works snug by copyright without permission. The utmost penalty would be five years in prison for a first offense of streaming 10 pieces of music or movies inside six months.

Supporters and opponents

The 25 sponsors of SOPA include Republican Representatives Lamar Metalworker of Texas, Bob Goodlatte of Virginia, Marsha Blackburnian warbler of Tennessee and Mary Bono Mack of California; as well as Democratic Representatives Howard Berman of California, John Conyers Jr. of Newmarket and Melvin Watt of North Carolina. Smith is chairman of the House Judicatory Committee.

Several lawmakers have too soft opposition to the legislation. They include Democrats Zoe Lofgren, Anna Eshoo, Microphone Honda and Doris Matsui, all representing districts nearly Silicon Valley in California, Mike Doyle of Pennsylvania, and Republican Representatives Darrell Issa and John Campbell of California, and Ron Paul of Texas.

Several groups induce voiced suffer for SOPA, including the Motion Picture Association of America, the U.S. Chamber of Commerce, the Better Clientele Office, the Home Consumers League, 43 state attorneys cosmopolitan, the National Class Order of Police, the AFL-Congress of Industrial Organizations, the Independent Plastic film and Television Confederation, the American Confederacy of Musicians, the Directors Gild of America, the International Brotherhood of Teamsters and the Cover Actors Guild.

Organizations opposed to SOPA include Google, Yahoo, Facebook, eBay, Twitter, Human Rights Watch, Public Knowledge, Free Press, the Electronic Frontier Substructure, the Figurer and Communication theory Industry Association, the Consumer Electronics Association, the conservative group Americans for Job Certificate, the liberal group Demand Progress and Consumers Union.

What's next?

SOPA is similar to, but more expansive in some ways than the Protect IP Roleplay, a bill awaiting carry through away the U.S. United States Senate. The Senate Judicatory Committee sanctioned Protect IP in May, merely Senator Ron Wyden, an Oregon Populist, has blocked the bill from coming to the floor of the full Senat.

If the Planetary hous Judiciary Committee votes to approve SOPA, it would then move out to the House floor for a vote. The United States Senate would also have to approve SOPA or akin legislation before the bill is sent to President Barack Obama for his signature or veto.

Ulysses S. Grant Fat covers technology and telecom policy in the U.S. government for The IDG News Overhaul. Follow Grant on Twitter at GrantGross. Grant's e-mail address is grant_gross@idg.com.

Source: https://www.pcworld.com/article/478314/the_us_stop_online_piracy_act_a_primer.html

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