Legal Analysis of S. 968, the PROTECT IP Act (CRS Report for Congress)
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| Release Date |
Revised Aug. 29, 2011 |
| Report Number |
R41911 |
| Report Type |
Report |
| Authors |
Brian T. Yeh, Legislative Attorney; Jonathan Miller, Legal Intern |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
The global nature of the Internet offers expanded commercial opportunities for intellectual property (IP) rights holders but also increases the potential for copyright and trademark infringement. Piracy of the content created by movie, music, and software companies and counterfeiting of goods such as pharmaceutical drugs and consumer products negatively impacts the American economy and poses risks to the health and safety of U.S. citizens. Although rights holders and law enforcement agencies currently have some legal tools to pursue domestic infringers, they face difficult challenges in enforcing IP laws against actors located abroad. Many websites trafficking in pirated copyrighted content or counterfeit goods are registered and operate in foreign countries. These foreign 'rogue sites' sell or distribute subject matter protected by federal IP laws to people located within the United States--without the authorization of the IP rights holders--yet the operators of the sites remain beyond the reach of U.S courts and authorities. [â¦] There has been considerable public debate about the PROTECT IP Act. Critics claim it is an 'internet censorship' bill and that it tramples on free speech rights. There are also concerns that focusing on intermediary services, such as non-authoritative domain name servers, will disrupt the technical integrity of the Internet. Opponents of the bill believe that these problems will be exacerbated by the legislation's inclusion of a private cause of action allowing content owners to sue intermediate service providers. Supporters of the legislation, however, argue that in order to reduce digital piracy and online counterfeiting committed by foreign websites, new enforcement mechanisms are vital for U.S. economic growth and needed to protect public health and safety.
