The PROTECT IP Act (Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act, or PIPA) was a proposed law with the stated goal of giving the US government and copyright holders additional tools to curb access to "rogue websites dedicated to the sale of infringing or counterfeit goods", especially those registered outside the U.S. The bill was introduced on May 12, 2011, by Senator Patrick Leahy (D-VT) and 11 bipartisan co-sponsors. The Congressional Budget Office estimated that implementation of the bill would cost the federal government $47 million through 2016, to cover enforcement costs and the hiring and training of 22 new special agents and 26 support staff.CBO Scores PROTECT IP Act; The Hill; August 19, 2011 The Senate Judiciary Committee passed the bill, but Senator Ron Wyden (D-OR) placed a hold on it.
The PROTECT IP Act is a re-write of the Combating Online Infringement and Counterfeits Act (COICA), which failed to pass in 2010. A similar House version of the bill, the Stop Online Piracy Act (SOPA), was introduced on October 26, 2011.Stop Online Piracy Act, 112th Cong., October 26, 2011. Retrieved November 7, 2011.
In the wake of online protests held on January 18, 2012, Senate Majority Leader Harry Reid announced that a vote on the bill would be postponed until issues raised about the bill were resolved.Stephanie Condon (January 20, 2012), "PIPA, SOPA put on hold in wake of protests" CBS News
Content The bill defines infringement as distribution of illegal copies, counterfeit goods, or anti-digital rights management technology. Infringement exists if "facts or circumstances suggest [the site] is used, primarily as a means for engaging in, enabling, or facilitating the activities described." The bill says that it does not alter existing substantive trademark or copyright law.See PROTECT IP Act of 2011, S. 968, 112th Cong. § 6; "Text of S. 968," Govtrack.us. May 26, 2011. Retrieved June 23, 2011.
The bill provides for "enhancing enforcement against rogue websites operated and registered overseas" and authorizes the United States Department of Justice to seek a court order in rem against websites dedicated to infringing activities, if through due diligence, an individual owner or operator cannot be located.PROTECT IP Act of 2011, S. 968, 112th Cong. § 3(b)(1); "Text of S. 968," Govtrack.us. May 26, 2011. Retrieved June 23, 2011. The bill requires the Attorney General to serve notice to the defendant.PROTECT IP Act of 2011, S. 968, 112th Cong. § 3(c)(1); "Text of S. 968," Govtrack.us. May 26, 2011. Retrieved June 23, 2011. Once the court issues an order, it could be served on financial transaction providers, Internet advertising services, Internet service providers, and information location tools to require them to stop financial transactions with the rogue site and remove links to it.PROTECT IP Act of 2011, S. 968, 112th Cong. § 3(d)(2); @Text of S. 968,@ Govtrack.us. May 26, 2011. Retrieved June 23, 2011. The term "information location tool" is borrowed from the Digital Millennium Copyright Act and is understood to refer to search engines but could cover other sites that link to content.17 U.S.C. § 512 (d).
Nonauthoritative domain name servers would be ordered to take technically feasible and reasonable steps to prevent the domain name from resolving to the IP address of a website that had been found by the court to be "dedicated to infringing activities."PROTECT IP Act of 2011, S. 968, 112th Cong. § 3(d)(2)(A)(i); "Text of S. 968,@ Govtrack.us. May 26, 2011. Retrieved June 23, 2011. The website could still be reached by its IP address, but links or users that used the website's domain name would not reach it. Search engines—such as Google—would be ordered to "(i) remove or disable access to the Internet site associated with the domain name set forth in the [court] order; or (ii) not serve a hypertext link to such Internet site."PROTECT IP Act of 2011, S. 968, 112th Cong. § 3(d)(2)(D); "Text of S. 968," Govtrack.us. May 26, 2011. Retrieved June 23, 2011.
Trademark and copyright holders who have been harmed by the activities of a website dedicated to infringing activities would be able to apply for a court injunction against the domain name to compel financial transaction providers and Internet advertising services to stop processing transactions to and placing ads on the website but would not be able to obtain the domain name remedies available to the Attorney General.PROTECT IP Act of 2011, S. 968, 112th Cong. § 4(d)(2); "Text of S. 968," Govtrack.us. May 26, 2011. Retrieved June 23, 2011.
Supporters
Legislators
The PROTECT IP Act has received bipartisan support in the Senate, with introduction sponsorship by Senator Patrick Leahy (D-VT), and, as of December 17, 2011, co-sponsorship by 40 Senators.Bill Summary & Status 112th Congress (2011–2012), "S.968 Cosponsors," Bill Summary & Status The co-sponsoring senators include: Lamar Alexander, Kelly Ayotte, Michael F. Bennet, Jeff Bingaman, Richard Blumenthal, Roy Blunt, John Boozman, Barbara Boxer, Sherrod Brown, Benjamin L. Cardin, Robert P. Casey Jr., Saxby Chambliss, Thad Cochran, Christopher A. Coons, Bob Corker, Richard Durbin, Michael B. Enzi, Dianne Feinstein, Al Franken, Kirsten E. Gillibrand, Lindsey Graham, Chuck Grassley, Kay Hagan, Orrin G. Hatch, Johnny Isakson, Tim Johnson, Amy Klobuchar, Herb Kohl, Mary L. Landrieu, Joseph I. Lieberman, John McCain, Robert Menendez, Bill Nelson, James E. Risch, Marco Rubio, Charles E. Schumer, Jeanne Shaheen, Tom Udall, David Vitter, Sheldon Whitehouse, and Jerry Moran
Companies and trade organizations The bill is supported by copyright and trademark owners in business, industry, and labor groups, spanning all sectors of the economy. Supporters include the National Cable & Telecommunications Association, the Independent Film & Television Alliance, the National Association of Theatre Owners, the Motion Picture Association of America, the Directors Guild of America, the American Federation of Musicians, the American Federation of Television and Radio Artists, the International Alliance of Theatrical Stage Employees, the Screen Actors Guild, International Brotherhood of Teamsters, Nashville Songwriters Association International, Songwriters Guild of America, Viacom, Institute for Policy Innovation, Macmillan Publishers, Acushnet Company, Recording Industry Association of America, Copyright Alliance and NBCUniversal.In Support of "PROTECT IP Act"; May 25, 2011
The U.S. Chamber of Commerce and AFL–CIO have come together in support of the bill. In May and September 2011, two letters signed by 170 and 359 businesses and organizations, respectively—including the National Association of Manufacturers (NAM), the Small Business & Entrepreneurship Council, Nike, 1–800 Pet Meds, L'Oreal, Rosetta Stone, Pfizer, Ford Motor Company, Revlon, NBA, and Sony—were sent to Congress which endorsed the Act and encouraged the passage of legislation to protect intellectual property and shut down rogue websites.Chamber Presses Gas Pedal on IP Push; Politico – Morning Tech; September 22, 201126, 2011.pdf Endorsement by 170 Businesses; Chamber of Commerce Global IP Center; May 25, 2011Letter to Congress in Support of Legislation ; Chamber of Commerce Global IP Center; September 22, 2011 David Hirschmann of the Chamber of Commerce complained about the state of the political debate in January 2012, saying that talk of loss of freedoms and censorship "has nothing to do with the substance of the bills." Hirschmann promised "to use every tool in our toolbox to make sure members of Congress know what's in these bills."Jenna Wortham (January 17, 2012), "Protest on Web Uses Shutdown to Take On Two Piracy Bills" The New York Times
Others Constitutional expert Floyd Abrams, representing the MPAA and related trade groups, wrote a Letter to Congress stating that the proposed PROTECT IP Act is constitutionally sound.
Daniel Castro of the Information Technology and Innovation Foundation (ITIF), a think tank funded in part by the Information Technology Industry Council and the publisher of a 2009 report titled "Steal These Policies"(December 15, 2009) Steal These Policies: Strategies for Combating Digital Piracy Information Technology and Innovation Foundation that formed the basis for both SOPA and PIPA, defended PIPA's predecessor bill (COICA) in March 2011, saying "nobody's talking about taking down someone's personal website because they happen to use a copyrighted photo."Nate Anderson (March 2009), Why the US needs to blacklist, censor pirate websites Ars Technica In January 2012 ITIF Senior Research Fellow Richard Bennett said that criticism of the legislation was misinformed and overblown: "[t]he critics either don't understand what the bills do or are misrepresenting what the bills do. There's sort of a hysterical climate of criticism where people are objecting to something the bills don't do and are promoting noble causes like free speech and democracy but there is not much connection between what they are complaining about and what's in the legislation."Carolyn Lochhead, (January 16, 2012) Debate over Internet piracy legislation heats up San Francisco Chronicle
Opponents
Legislators
Oregon Senator Ron Wyden (D) has publicly voiced opposition to the legislation, and placed a Senate hold on it in May 2011, citing concerns over possible damage to freedom of speech, innovation, and Internet integrity. Massachusetts Senator Scott Brown (R) has also Opponents
The English-language Wikipedia page on January 18, 2012, illustrating its international blackout in opposition to SOPA and PIPA.
Legislators
Main article: List of US Congresspersons who support or oppose SOPA/PIPA
Oregon Senator Ron Wyden (D) has publicly voiced opposition to the legislation, and placed a Senate hold on it in May 2011, citing concerns over possible damage to freedom of speech, innovation, and Internet integrity. Massachusetts Senator Scott Brown (R) has also publicly announced his opposition to the bill and its House counterpart, SOPA. In addition to individual opposition, a bipartisan group of lawmakers led by Senator Wyden and Representative Darrell Issa proposed an alternative bill known as the Online Protection and Enforcement of Digital Trade Act (OPEN Act) to address intellectual property theft without compromising internet freedom.
Companies and organizations