S.968 - PROTECT IP Act of 2011

A bill to prevent online threats to economic creativity and theft of intellectual property, and for other purposes. view all titles (5)

All Bill Titles

  • Short: PROTECT IP Act of 2011 as reported to senate.
  • Short: Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 as reported to senate.
  • Short: PROTECT IP Act of 2011 as introduced.
  • Short: Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 as introduced.
  • Official: A bill to prevent online threats to economic creativity and theft of intellectual property, and for other purposes. as introduced.

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Introduced
 
Senate
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House
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President
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05/11/11
 
 
 
 
 
 
 

Sponsor

Senator

Patrick Leahy

D-VT

View Co-Sponsors (40)

Committees

OpenCongress Summary

Establishes a system for taking down websites that the Justice Department determines to be "dedicated to infringing activities." The DoJ or the copyright owner would be able to commence a legal action against the alleged infringer and the DoJ would be allowed to demand that search engines, social networking sites and domain name services block access to the targeted site. In some cases, action could be taken to block sites without first allowing the alleged infringer to defend themselves in court.
OpenCongress bill summaries are written by OpenCongress editors and are entirely independent of Congress and the federal government. For the summary provided by Congress itself, via the Congressional Research Service, see the "Official Summary" below.

Official Summary

5/26/2011--Reported to Senate amended. Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 or the PROTECT IP Act of 2011 - (Sec. 3) Authorizes the Attorney General (AG) to commence: (1) an in personam action against a registrant of a nondome

Official Summary

5/26/2011--Reported to Senate amended. Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 or the PROTECT IP Act of 2011 -

(Sec. 3)

Authorizes the Attorney General (AG) to commence:
(1) an in personam action against a registrant of a nondomestic domain name (NDN) used by an Internet site dedicated to infringing activities (ISDIA) or an owner or operator of an ISDIA accessed through an NDN; or
(2) if such individuals are unable to be found by the AG or have no address within a U.S. judicial district, an in rem action (against a domain name itself, in lieu of such individuals) against the NDN used by an ISDIA. Defines ISDIA as a site that:
(1) has no significant use other than engaging in or facilitating copyright infringement, circumventing technology controlling access to copyrighted works, or selling or promoting counterfeit goods or services; or
(2) is designed, operated, or marketed and used to engage in such activities. Defines NDN as a domain name for which the registry that issued the domain name and operates the relevant top level domain, and the registrar for the domain name, are located outside the United States. Allows the court, upon application by the AG after an NDN-related in personam or in rem action is commenced under this section, to issue a temporary restraining order or an injunction against the NDN, registrant, owner, or operator to cease and desist further ISDIA activity if the NDN is used within the United States to access an ISDIA directing business to U.S. residents and harming U.S. intellectual property right holders. Directs the AG to identify and provide advance notice to operators of nonauthoritative domain name system servers (NDNSSs), financial transaction providers (FTPs), Internet advertising services (IASs), and providers of information location tools (ILTs), including search engines, online directories, and other indexes with hypertext links or referrals to online locations, whose action may be required to prevent such NDN-related ISDIA activity. Sets forth the preventative measures required to be taken by NDNSSs, FTPs, IASs, and ILTs upon being served with a court order in a such an NDN-related action commenced by the AG.

(Sec. 4)

Authorizes the AG or an intellectual property right owner harmed by an ISDIA to commence:
(1) an in personam action against a registrant of an ISDIA's domain name or an owner or operator of an ISDIA accessed through a domain name; or
(2) if such individuals are unable to be found or have no address within a U.S. judicial district, an in rem action against a domain name used by an ISDIA. Allows the court, upon application by the relevant plaintiff after an in personam or in rem action concerning a domain name is commenced under this section, to issue a temporary restraining order or injunction against a domain name, registrant, owner, or operator to cease and desist further ISDIA activity if the domain name is:
(1) registered or assigned by a domain name registrar or registry located or doing business in the United States, or
(2) used within the United States to access an ISDIA directing business to U.S. residents and harming U.S. intellectual property right holders. Directs the relevant plaintiff to identify and provide advance notice to FTPs and IASs whose action may be required to prevent such ISDIA activity. Requires, upon being served with a court order after such an in personam or in rem action concerning a domain name is commenced by the AG or a private right owner under this section:
(1) FTPs to take reasonable specified preventative measures, and
(2) IASs to take technically feasible and reasonable measures. Sets forth provisions regarding the entities that may be required to take certain preventative measures in actions concerning both domain names and NDNs:
(1) granting immunity to such entities for actions complying with a court order,
(2) authorizing the relevant plaintiff to bring an action for injunction relief against a served entity that knowingly and willfully fails to comply with a court order, and
(3) permitting such entities to intervene in commenced actions and request modifications, suspensions, or terminations of related court orders.

(Sec. 5)

Provides immunity from liability for:
(1) FTPs or IASs that, in good faith, voluntarily take certain preventative actions against ISDIAs, and
(2) domain name registries and registrars, FTPs, ILTs, or IASs that, in good faith, withhold services from infringing sites that endanger public health by distributing prescription medication that is counterfeit, adulterated, misbranded, or without a valid prescription.

(Sec. 7)

Requires the AG to:
(1) publish procedures to receive information from the public about ISDIAs and develop a process to coordinate enforcement activities with other law enforcement agencies, and
(2) report annually to Congress on actions commenced by the AG under this Act including the use of related court orders and enforcement procedures. Directs the Secretary of Commerce to submit a report to Congress assessing the requirement that NDNSSs, except under specified circumstances, take the least burdensome technically feasible and reasonable measures to prevent an NDN from resolving to its Internet protocol (IP) address after receiving advance notice and upon being served with a court order in an NDN-related in personam or in rem action commenced by the AG under this Act. Requires the Register of Copyrights to submit a report to Congress regarding this Act's:
(1) enforcement and effectiveness,
(2) burden on intermediaries (including an assessment of the need to reimburse compliance costs), and
(3) application to emerging technologies. Directs the Comptroller General (GAO) to submit a report on certain actions commenced by private plaintiffs under this Act.

(Sec. 8)

Authorizes the Secretary of Homeland Security (DHS), subject to any applicable bonding requirements, to share information and provide:
(1) unredacted samples of the products, packaging, and labels, or related photos with trademark right holders if the U.S. Customs and Border Protection (CBP) suspects an import or export violation under specified provisions of the Lanham Act relating to copied or simulated marks or names; and
(2) samples to affected parties upon the CBP's seizure of material imported in violation of specified federal copyright laws prohibiting the circumvention of technological measures that control access to or protect a copyrighted work.

...Read the Rest

Organizations Supporting S.968

  • Recording Industry Association of America
  • Independent Film & Television Alliance
  • Motion Picture Association of America
  • National Association of Theater Owners
  • Microsoft
  • Pfizer
  • ...and 56 more. See all.

Organizations Opposing S.968

  • Google
  • Demand Progress
  • Yahoo Inc.
  • American Association of Law Libraries
  • American Library Association
  • Human Rights Watch
  • ...and 12 more. See all.
See the money trail behind this bill for more info on how campaign contributions may be influencing senators' and representatives' votes.


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Recent News Coverage

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01/17/12
THE PROTECT IP ACT: Ensuring Due Process Rights

Jan 17, 2012 (Congressional Documents and Publications/ContentWorks via COMTEX) -- The PROTECT IP Act: Combating Online Infringement Creating American Jobs, Promoting America's Economy, Protecting American Consumers FACT: No action is required ...

Source: TMCnet
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01/17/12
Scoop: Chamber to Key Vote Online Piracy Bill

In a letter to senators today, the U.S. Chamber of Commerce is expected to ask them to support the controversial Protect IP bill and announce plans to count the upcoming Senate vote in its annual scorecard, which helps the business lobby decide who to ...

Source: NationalJournal.com
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01/17/12
SOPA Isn't Dead—So You Should Still Try to Kill It

...is _________ and I live in ________ (say your ZIP CODE, they need this for their “reports”). I am calling to voice my concern for S.968, the Protect-IP Act which apparently Senator Murray hasn't taken a position on yet. I am concerned that this legi

Source: The Stranger
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Recent Blog Coverage

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01/17/12
Daily Blog Will Go Dark Tomorrow | Junction Daily Blog

PIPA, a somewhat similar Senate version, is S.968. You may look up each bill by its bill number at Thomas, the Library of ... Senator Michael Bennet is a co-sponsor of S.968. No other members of the Colorado delegation are ...

Source: Ralphie
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01/16/12
Cool Toys Pic of the day - SOPA Strike #SOPAstrike - Cool Toy of ...

the meantime, here is more information about WHY this is happening. Preparing for the #SOPAstrike: http://etechlib.wordpress.com/2012/01/16/preparing-for-the-sopastrike/. Open Congress: S.968 – PROTECT IP Act of 2011: ...

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01/16/12
STOP SOPA & PIPA! HR3261 & S968 are threatening this website ...

Let Congress know you OPPOSE H.R. 3261 “Stop Online Piracy Act” (SOPA) and S. 968 “Protect IP Act” (PIPA): →. STOP SOPA & PIPA! HR3261 & S968 are threatening this website and the rest of your Internet. Posted on ...

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