Summary

To promote prosperity, creativity, entrepreneurship, and innovation by combating the theft of U.S. property, and for other purposes. Read More

Status

This bill was introduced on Oct 26, 2011, in a previous session of Congress, but was not passed.

Bill Text

A BILL

To promote prosperity, creativity, entrepreneurship, and innovation by combating the theft of U.S. property, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Stop Online Piracy Act''. (b) Table of Contents.--The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents. Sec. 2. Savings and severability clauses. TITLE I--COMBATING ONLINE PIRACY

Sec. 101. Definitions. Sec. 102. Action by Attorney General to protect U.S. customers and prevent U.S. support of foreign infringing sites. Sec. 103. Market-based system to protect U.S. customers and prevent U.S. funding of sites dedicated to theft of U.S. property. Sec. 104. Immunity for taking voluntary action against sites dedicated to theft of U.S. property. Sec. 105. Immunity for taking voluntary action against sites that endanger public health. Sec. 106. Guidelines and study. Sec. 107. Denying U.S. capital to notorious foreign infringers. TITLE II--ADDITIONAL ENHANCEMENTS TO COMBAT INTELLECTUAL PROPERTY THEFT

Sec. 201. Streaming of copyrighted works in violation of criminal law. Sec. 202. Trafficking in inherently dangerous goods or services. Sec. 203. Protecting U.S. businesses from foreign and economic espionage. Sec. 204. Amendments to sentencing guidelines. Sec. 205. Defending intellectual property rights abroad.

SEC. 2. SAVINGS AND SEVERABILITY CLAUSES.

(a) Savings Clauses.-- (1) First amendment.--Nothing in this Act shall be construed to impose a prior restraint on free speech or the press protected under...

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Organizations Supporting

Los Angeles (October 26, 2011) – American Federation of Musicians (AFM), American Federation of Television and Radio Artists (AFTRA), Directors Guild of America (DGA), International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, Its Territories and Canada (IATSE), International Brotherhood of Teamsters (IBT), and Screen Actors Guild (SAG) today released the following statement: “As the Guilds and Unions that represent more than 400,000 craftspeople, actors, technicians, directors, musicians, recording artists and others whose creativity is at the heart of the American entertainment industry, we applaud Congressman Lamar Smith (R-TX), Chairman of the House Judiciary Committee, Ranking Member John Conyers (D-MI), and Congressmen Howard Berman (D-CA) and Bob Goodlatte (R-VA) along with several other Members of Congress, for introducing HR 3261, the Stop Online Piracy Act today. “This legislation, a companion bill to the PROTECT IP Act currently in the Senate, will provide U.S. law enforcement agencies with the tools to protect American intellectual property, including the films, television shows and sound recordings created by our members, from foreign rogue websites that knowingly and deliberately engage in the illegal distribution of our content for profit. “Left unchecked, these rogue websites threaten the vitality of the online marketplace by stealing the work of American innovators and undermining legitimate business. They profit by offering access to content that they had no role at all in creating or financing, and they threaten real jobs, not only for our members but for those with whom they collaborate on set and hundreds of thousands of others whose livelihoods are dependent on the economic health of our business. Without proactive measures like the STOP Online Piracy Act, rogues sites will continue to siphon away wages and benefits from members of the creative community, greatly compromising our industry’s ability to foster creativity, provide opportunities, and ensure good jobs. “We thank Chairman Smith, Ranking Member Conyers, and Congressmen Berman and Goodlatte as well as the bill’s other cosponsors for recognizing through their action today that the works created by our members - the result of talent, creativity, collaboration and years of hard work – are not only valuable contributions to our culture but are worthy of being protected from rogue sites and the profiteers who operate them. We look forward to working with Chairman Smith, the cosponsors of the bill, and the members of the House Judiciary Committee to ensure that this important legislation moves forward.” http://www.sag.org/joint-statement-sag-afm-aftra-dga-iatse-and-ibt-regarding-stop-online-piracy-act-hr-3261

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Screen Actors Guild 3 years ago

Los Angeles (October 26, 2011) – American Federation of Musicians (AFM), American Federation of Television and Radio Artists (AFTRA), Directors Guild of America (DGA), International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, Its Territories and Canada (IATSE), International Brotherhood of Teamsters (IBT), and Screen Actors Guild (SAG) today released the following statement: “As the Guilds and Unions that represent more than 400,000 craftspeople, actors, technicians, directors, musicians, recording artists and others whose creativity is at the heart of the American entertainment industry, we applaud Congressman Lamar Smith (R-TX), Chairman of the House Judiciary Committee, Ranking Member John Conyers (D-MI), and Congressmen Howard Berman (D-CA) and Bob Goodlatte (R-VA) along with several other Members of Congress, for introducing HR 3261, the Stop Online Piracy Act today. “This legislation, a companion bill to the PROTECT IP Act currently in the Senate, will provide U.S. law enforcement agencies with the tools to protect American intellectual property, including the films, television shows and sound recordings created by our members, from foreign rogue websites that knowingly and deliberately engage in the illegal distribution of our content for profit. “Left unchecked, these rogue websites threaten the vitality of the online marketplace by stealing the work of American innovators and undermining legitimate business. They profit by offering access to content that they had no role at all in creating or financing, and they threaten real jobs, not only for our members but for those with whom they collaborate on set and hundreds of thousands of others whose livelihoods are dependent on the economic health of our business. Without proactive measures like the STOP Online Piracy Act, rogues sites will continue to siphon away wages and benefits from members of the creative community, greatly compromising our industry’s ability to foster creativity, provide opportunities, and ensure good jobs. “We thank Chairman Smith, Ranking Member Conyers, and Congressmen Berman and Goodlatte as well as the bill’s other cosponsors for recognizing through their action today that the works created by our members - the result of talent, creativity, collaboration and years of hard work – are not only valuable contributions to our culture but are worthy of being protected from rogue sites and the profiteers who operate them. We look forward to working with Chairman Smith, the cosponsors of the bill, and the members of the House Judiciary Committee to ensure that this important legislation moves forward.” http://www.sag.org/joint-statement-sag-afm-aftra-dga-iatse-and-ibt-regarding-stop-online-piracy-act-hr-3261

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Los Angeles (October 26, 2011) – American Federation of Musicians (AFM), American Federation of Television and Radio Artists (AFTRA), Directors Guild of America (DGA), International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, Its Territories and Canada (IATSE), International Brotherhood of Teamsters (IBT), and Screen Actors Guild (SAG) today released the following statement: “As the Guilds and Unions that represent more than 400,000 craftspeople, actors, technicians, directors, musicians, recording artists and others whose creativity is at the heart of the American entertainment industry, we applaud Congressman Lamar Smith (R-TX), Chairman of the House Judiciary Committee, Ranking Member John Conyers (D-MI), and Congressmen Howard Berman (D-CA) and Bob Goodlatte (R-VA) along with several other Members of Congress, for introducing HR 3261, the Stop Online Piracy Act today. “This legislation, a companion bill to the PROTECT IP Act currently in the Senate, will provide U.S. law enforcement agencies with the tools to protect American intellectual property, including the films, television shows and sound recordings created by our members, from foreign rogue websites that knowingly and deliberately engage in the illegal distribution of our content for profit. “Left unchecked, these rogue websites threaten the vitality of the online marketplace by stealing the work of American innovators and undermining legitimate business. They profit by offering access to content that they had no role at all in creating or financing, and they threaten real jobs, not only for our members but for those with whom they collaborate on set and hundreds of thousands of others whose livelihoods are dependent on the economic health of our business. Without proactive measures like the STOP Online Piracy Act, rogues sites will continue to siphon away wages and benefits from members of the creative community, greatly compromising our industry’s ability to foster creativity, provide opportunities, and ensure good jobs. “We thank Chairman Smith, Ranking Member Conyers, and Congressmen Berman and Goodlatte as well as the bill’s other cosponsors for recognizing through their action today that the works created by our members - the result of talent, creativity, collaboration and years of hard work – are not only valuable contributions to our culture but are worthy of being protected from rogue sites and the profiteers who operate them. We look forward to working with Chairman Smith, the cosponsors of the bill, and the members of the House Judiciary Committee to ensure that this important legislation moves forward.” http://www.sag.org/joint-statement-sag-afm-aftra-dga-iatse-and-ibt-regarding-stop-online-piracy-act-hr-3261

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IATSE
3 years ago

A bill introduced today in the U.S. House of Representatives would combat online piracy with new enforcement tools and help boost America’s music industry, the National Music Publishers’ Association said today. “The Internet is an important tool which has opened opportunities for our industry from distribution to marketing to connecting with fans, but there is a segment of web operators who are criminals, pure and simple, and we must do more to stop them,” said NMPA President and CEO David Israelite. “Current laws tie the hands of both law enforcement and judicial personnel in many instances, to the detriment of American business and consumers. Legislation introduced today in the U.S. House would help fix that, enabling our justice system to go after criminal operatives. The music publishing and songwriting communities support these efforts and urge the entire House to move this important bill forward soon.” The bill, H.R. 3261 The Stop Online Piracy Act, was introduced by House Judiciary Committee Chairman Lamar Smith (R-TX) and multiple cosponsors. It would “promote prosperity, creativity, entrepreneurship, and innovation by combating the theft of U.S. property”. http://www.nmpa.org/media/showrelease.asp?id=203

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A coalition of over 380 businesses, trade associations, and professional groups from nearly every sector of the economy in all 50 states support enhanced enforcement against rogue sites. Today, the U.S. House of Representative has responded to that call with the introduction of Stop Online Piracy Act.The U.S. Chamber of Commerce applauds the introduction of Stop Online Piracy Act that will disconnect websites dedicated to online piracy and counterfeiting from the U.S. marketplace. This legislation will provide U.S. law enforcement with refined legal tools to act against “rogue sites,” which steal American jobs, threaten consumer health and safety, and weaken the online commerce ecosystem. “Websites that blatantly steal the creativity and innovation of American industries violate a fundamental right to property,” said Thomas J. Donohue, president and CEO of the U.S. Chamber. “Operators of rogue sites threaten American jobs, endanger consumer safety, and undermine the vitality of the online marketplace. I commend Representatives Smith, Goodlatte, Conyers, and Watt for standing up to the mass theft of American intellectual property.” The bipartisan House proposal is also co-sponsored by Representatives Quayle and Berman. The Stop Online Piracy Act will disconnect websites dedicated to online piracy and counterfeiting from the U.S. marketplace. This legislation will provide U.S. law enforcement with refined legal tools to act against “rogue sites,” which steal American jobs, threaten consumer health and safety, and weaken the online commerce ecosystem. Rogue sites attract 53 billion visits per year, jeopardizing the more than $7.7 trillion of U.S. GDP and 60% of exports that the industries they steal from produce for our economy. The sweeping alliance of business and labor leaders, which represent nearly every sector of the 19 million Americans employed in IP-dependent industries, have all called for enhanced enforcement against rogue sites. “We cannot turn a blind eye to those who take advantage of U.S. innovators and chip away at the American workforce,” Donohue added. “While rogue sites pose a unique set of challenges, legislation like the Stop Online Piracy Act introduced today offer clear, tailored enforcement tools to effectively root them out. The U.S. Chamber looks forward to working with the broad coalition of businesses of every size and shape, and organized labor to support Members of the House and Senate and ensure that rogue sites legislation is enacted this year.” For more information on this legislation and the campaign against online theft, please visit www.fightonlinetheft.com. The Chamber’s Global Intellectual Property Center is working around the world to champion intellectual property (IP) rights as vital to creating jobs, saving lives, advancing global economic growth, and generating breakthrough solutions to global challenges. http://www.uschamber.com/press/releases/2011/october/us-chamber-praises-house-legislation-protect-jobs-and-sever-rogue-websit

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Organizations Opposing

H.R. 3261, The Stop Online Piracy Act (SOPA), targets websites that distribute infringing materials by having the Department of Justice (DoJ) block those websites. If SOPA were to become law, there is a long list of reasons why it would threaten the functioning, freedom, and economic potential of the Internet, but here are PK's main concerns: By short-circuiting the legal system, it gives rightsholders a fast-track to shutting down websites. By creating conflicts between "DNS" servers, it would make you more vulnerable to hackers, identity theft, and cyberattacks. By sanctioning government interference with the internet, it would make the internet more censored, akin to that of China and Syria. To make it worse, SOPA is ineffective. So the question is, is an ineffective bill worth the risk of damaging free speech and the functioning of the Internet? We say no.

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Public Knowledge 3 years ago

“On behalf of 2,000 of the nation’s leading technology companies, CEA has raised significant fact-based concerns about the broad scope of the PROTECT IP Act (S.968) and the Stop Online Piracy Act (H.R. 3261). “Unfortunately, some parties to this debate think name calling and ‘gotcha’ Google searches are more important than addressing the serious threat to our nation’s economic future posed by this legislation. They would like you to forget that they went all the way to the Supreme Court to block the VCR, part of a pattern that continues to this day of using lobbying heft and legal might to delay or destroy nascent technology that challenges their legacy business. And now voices from liberal Democrats to the Tea Party are joining the chorus of opposition to PROTECT IP and SOPA. “I’ve always said that the balance among IP protection, freedom of speech and online innovation is a delicate one with no easy solutions. If the content community is truly committed to addressing illegal commercial counterfeiting without harming the broadband technologies that are driving our economy forward, we can and should have a dialogue about changes to S.968 and H.R. 3261 that attack the parasite without killing the host. “The technology industry stands at the pinnacle of innovation, improving the lives of all Americans while powering our economy toward recovery.” http://www.ce.org/Press/CurrentNews/press_release_detail.asp?id=12203

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WASHINGTON -- Three national consumer groups today urged members of the House Judiciary Committee to oppose the Stop Online Piracy Act (H.R. 3261) in advance of a November 16 committee hearing on the bill. Consumers Union, Consumer Federation of America, and U.S. Public Interest Group said they “agree that consumers should not be harmed by substandard or counterfeit goods,” but they were “concerned that some of the measures proposed by this bill and the breadth of its scope could make it more likely to harm consumers’ interests.” Specifically, the groups said they were “worried the bill could close off online exchanges that provide lower prices for consumers; reduce online security, and allow for anti-consumer practices by online service providers.” http://www.consumersunion.org/pub/core_telecom_and_utilities/018236.html

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While I believe it's important to protect copyrighted material online, the language of the Stop Online Piracy Act (SOPA) is severely flawed and will lead to the takedown of lawful content. Unlike the Senate version of the bill, SOPA eliminates the concept of sites 'dedicated to infringing activity' and enables law enforcement to target all sites that contain some infringing content no matter how trivial and those that 'facilitate' infringing content. The potential for impact on non-infringing content is exponentially greater under SOPA than under other versions of this bill. Sites with user-generated content, like YouTube, Twitter, and Facebook, would be especially vulnerable, as one small piece of infringing content could lead to blocking the entire site. Congress should focus not just on the goal of protecting copyright owners, but also protecting the speech rights of consumers and providers who are reading and producing wholly non-infringing content. Congress must eliminate the collateral damage to protected non-infringing content. Only in that way will Congress truly achieve its goal of protecting authors while respecting the constitutional right to free speech. https://secure.aclu.org/site/Advocacy?cmd=display&page=UserAction&id=3859

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The free flow of information is VITAL to making the public aware of issues that could be saving their lives, and their children's lives!!!

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Agent Orange Legacy 3 years ago

PIPA and SOPA need to be stopped because they will severely hurt an industry that’s been a proven job creator. Here is how: SOPA and PIPA could force tech companies to pre-screen and monitor all user comments, pictures and videos – effectively killing social media. The legislation potentially results in mandating all Internet search engines, ISPs, social networks and any website with a hyperlink to police all links and could shut a website down that linked to any type of pirated content. Young businesses looking to develop and expand as well as smaller websites wouldn’t have the legal resources to combat the expensive litigation. Without any real process safeguards, there is great potential for abuse by rights holders. This increased risk could dramatically reduce the amount of investment in the technology sector. Because these bills give any rights holder the ability to request a site be harmed down with little or no evidence of infringement required, they stand in stark contrast with America’s history of giving due process to those whose property could be harmed. http://www.netcoalition.com/sample-page/

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Net Coalition 3 years ago

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Bill Summary

To promote prosperity, creativity, entrepreneurship, and innovation by combating the theft of U.S. property, and for other purposes.

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