Summary

S. 2029: A bill to amend the Tariff Act of 1930 to deter unfair imports that infringe United States intellectual property rights, and for other purposes. Read More

Status

This bill was introduced on Dec 17, 2011, in a previous session of Congress, but was not passed.

Tags

Date Introduced
Dec 17, 2011

Bill Text

A BILL

To amend the Tariff Act of 1930 to deter unfair imports that infringe United States intellectual property rights, 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.

This Act may be cited as the ``Online Protection and Enforcement of Digital Trade Act'' or the ``OPEN Act''.

SEC. 2. UNFAIR TRADE PRACTICES RELATING TO INFRINGEMENT OF COPYRIGHTS AND TRADEMARKS BY CERTAIN INTERNET SITES.

(a) In General.--Title III of the Tariff Act of 1930 (19 U.S.C. 1304 et seq.) is amended by inserting after section 337 the following:

``SEC. 337A. UNFAIR TRADE PRACTICES RELATING TO INFRINGEMENT OF COPYRIGHTS AND TRADEMARKS BY CERTAIN INTERNET SITES.

``(a) Definitions.--In this section: ``(1) Complainant.--The term `complainant' means a person who files a complaint with the Commission under subsection (d). ``(2) Domain name.--The term `domain name' has the meaning given that term in section 45 of the Lanham Act (15 U.S.C. 1127). ``(3) Financial transaction provider.-- ``(A) In general.--Except as provided in subparagraph (B), the term `financial transaction provider' has the meaning given that term in section 5362(4) of title 31, United States Code. ``(B) Exception.--The term `financial transaction provider' does not include an Internet service platform or an affiliate of an Internet service platform. ``(4) Infringing activity.--The term `infringing activity' means an activity that-- ``(A) infringes a copyright in a manner punishable under section 506 of title 17, United States Code; ``(B) violates section 1201 of title 17,...

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State: CA

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Organizations Supporting

Dear Senator Wyden, Representative Issa, and Representative Chaffetz, I write on behalf of the Library Copyright Alliance (LCA), which consists of three major library associations—the American Library Association, the Association of College and Research Libraries, and the Association of Research Libraries—that collectively represent over 139,000 libraries in the United States employing over 350,000 librarians and other personnel. We welcome your release of a discussion draft bill to address the problem of foreign infringing websites. Your effort to make the discussion draft available to the public for comment represents a positive model for public participation in the legislative process. Also, substantively, the draft bill represents a measured approach to enforcement of US copyrights on the global Internet. A Measured Approach to Foreign Rogue Sites LCA welcomes the discussion draft’s measured approach to stopping copyright infringement on foreign websites. Foreign sites dedicated to copyright infringement pose a unique challenge to US copyright holders: such sites are beyond the jurisdiction of US courts and do not respond to notice-and-takedown requests sent pursuant to the Digital Millennium Copyright Act. There is considerable controversy over a host of related issues, however. A bill that wades into these issues could upset the delicate balance of US copyright policy, which allows free speech, free inquiry, and free enterprise to flourish online while giving copyright holders appropriate powers to protect their interests. Bills that involve DNS blocking, or that threaten domestic sites with new liabilities, place important values at risk that need not be implicated in the fight against foreign rogue sites. Your discussion draft bill deftly avoids these traps by taking a focused, follow-the-money approach that would dry up crucial funding sources for rogue sites without compromising the security of the web or changing the law for domestic Internet users and service providers. It places the problem of foreign infringing sites in proper context as primarily an international trade issue, and locates authority to address it with the International Trade Commission, which has expertise in adjudicating disputes involving foreign infringers. Open, Transparent, and Inclusive Process LCA welcomes the open and transparent process you have initiated by sharing a discussion draft of the Online Protection and Enforcement of Digital Trade (OPEN) Act on the Internet for all interested stakeholders to assess and discuss. We are pleased to see members of Congress acting on a principle that libraries champion: the Internet offers powerful new ways for citizens to learn about and participate in their society and in their government. Legislation that affects this broad, democratizing platform should be subject to an equally broad and open discussion, and it is fitting that the Internet itself makes that discussion possible. Thank you for inviting the public to engage in this important conversation. We look forward to working with you on this issue. http://www.librarycopyrightalliance.org/bm~doc/lca_letteropenact_12dec11.pdf

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Dear Senator Wyden, Representative Issa, and Representative Chaffetz, I write on behalf of the Library Copyright Alliance (LCA), which consists of three major library associations—the American Library Association, the Association of College and Research Libraries, and the Association of Research Libraries—that collectively represent over 139,000 libraries in the United States employing over 350,000 librarians and other personnel. We welcome your release of a discussion draft bill to address the problem of foreign infringing websites. Your effort to make the discussion draft available to the public for comment represents a positive model for public participation in the legislative process. Also, substantively, the draft bill represents a measured approach to enforcement of US copyrights on the global Internet. A Measured Approach to Foreign Rogue Sites LCA welcomes the discussion draft’s measured approach to stopping copyright infringement on foreign websites. Foreign sites dedicated to copyright infringement pose a unique challenge to US copyright holders: such sites are beyond the jurisdiction of US courts and do not respond to notice-and-takedown requests sent pursuant to the Digital Millennium Copyright Act. There is considerable controversy over a host of related issues, however. A bill that wades into these issues could upset the delicate balance of US copyright policy, which allows free speech, free inquiry, and free enterprise to flourish online while giving copyright holders appropriate powers to protect their interests. Bills that involve DNS blocking, or that threaten domestic sites with new liabilities, place important values at risk that need not be implicated in the fight against foreign rogue sites. Your discussion draft bill deftly avoids these traps by taking a focused, follow-the-money approach that would dry up crucial funding sources for rogue sites without compromising the security of the web or changing the law for domestic Internet users and service providers. It places the problem of foreign infringing sites in proper context as primarily an international trade issue, and locates authority to address it with the International Trade Commission, which has expertise in adjudicating disputes involving foreign infringers. Open, Transparent, and Inclusive Process LCA welcomes the open and transparent process you have initiated by sharing a discussion draft of the Online Protection and Enforcement of Digital Trade (OPEN) Act on the Internet for all interested stakeholders to assess and discuss. We are pleased to see members of Congress acting on a principle that libraries champion: the Internet offers powerful new ways for citizens to learn about and participate in their society and in their government. Legislation that affects this broad, democratizing platform should be subject to an equally broad and open discussion, and it is fitting that the Internet itself makes that discussion possible. Thank you for inviting the public to engage in this important conversation. We look forward to working with you on this issue. http://www.librarycopyrightalliance.org/bm~doc/lca_letteropenact_12dec11.pdf

Share

Dear Senator Wyden, Representative Issa, and Representative Chaffetz, I write on behalf of the Library Copyright Alliance (LCA), which consists of three major library associations—the American Library Association, the Association of College and Research Libraries, and the Association of Research Libraries—that collectively represent over 139,000 libraries in the United States employing over 350,000 librarians and other personnel. We welcome your release of a discussion draft bill to address the problem of foreign infringing websites. Your effort to make the discussion draft available to the public for comment represents a positive model for public participation in the legislative process. Also, substantively, the draft bill represents a measured approach to enforcement of US copyrights on the global Internet. A Measured Approach to Foreign Rogue Sites LCA welcomes the discussion draft’s measured approach to stopping copyright infringement on foreign websites. Foreign sites dedicated to copyright infringement pose a unique challenge to US copyright holders: such sites are beyond the jurisdiction of US courts and do not respond to notice-and-takedown requests sent pursuant to the Digital Millennium Copyright Act. There is considerable controversy over a host of related issues, however. A bill that wades into these issues could upset the delicate balance of US copyright policy, which allows free speech, free inquiry, and free enterprise to flourish online while giving copyright holders appropriate powers to protect their interests. Bills that involve DNS blocking, or that threaten domestic sites with new liabilities, place important values at risk that need not be implicated in the fight against foreign rogue sites. Your discussion draft bill deftly avoids these traps by taking a focused, follow-the-money approach that would dry up crucial funding sources for rogue sites without compromising the security of the web or changing the law for domestic Internet users and service providers. It places the problem of foreign infringing sites in proper context as primarily an international trade issue, and locates authority to address it with the International Trade Commission, which has expertise in adjudicating disputes involving foreign infringers. Open, Transparent, and Inclusive Process LCA welcomes the open and transparent process you have initiated by sharing a discussion draft of the Online Protection and Enforcement of Digital Trade (OPEN) Act on the Internet for all interested stakeholders to assess and discuss. We are pleased to see members of Congress acting on a principle that libraries champion: the Internet offers powerful new ways for citizens to learn about and participate in their society and in their government. Legislation that affects this broad, democratizing platform should be subject to an equally broad and open discussion, and it is fitting that the Internet itself makes that discussion possible. Thank you for inviting the public to engage in this important conversation. We look forward to working with you on this issue. http://www.librarycopyrightalliance.org/bm~doc/lca_letteropenact_12dec11.pdf

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December 12, 2011 Dear Senator Wyden and Representative Issa, As you know, the undersigned Internet and technology organizations support legislation that would provide tools to target foreign?based “rogue” websites that are engaged in widespread copyright and trademark infringement. We believe the draft OPEN Act is narrowly focused on providing effective remedies that target such sites, without creating new liabilities for lawful, U.S. technology companies or collateral damage to the secure functioning of the global open Internet. Consequently, we support the approach taken in the draft OPEN Act, which would task the International Trade Commission (“ITC”) with prosecution of violations of U.S. copyrights and trademarks by foreign? based websites. If the ITC concludes that a foreign?based site is violating the law, the ITC would require U.S. advertising networks and payment processors, many of whom we represent, to terminate services to the unlawful site. As organizations that represent companies that are themselves rightsholders and that are on the front lines of working with rightsholders to protect their works, we believe that this approach would be an effective tool in combating copyright and trademark infringement. We appreciate your leadership in providing a thoughtful, effective proposal, and we stand ready to work with you as it moves through the legislative process. http://www.keepthewebopen.com/assets/pdfs/12-12-11%20CCIA,%20CEA,%20NetCoalition%20OPEN%20Endorsement%20Letter.pdf

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December 12, 2011 Dear Senator Wyden and Representative Issa, As you know, the undersigned Internet and technology organizations support legislation that would provide tools to target foreign?based “rogue” websites that are engaged in widespread copyright and trademark infringement. We believe the draft OPEN Act is narrowly focused on providing effective remedies that target such sites, without creating new liabilities for lawful, U.S. technology companies or collateral damage to the secure functioning of the global open Internet. Consequently, we support the approach taken in the draft OPEN Act, which would task the International Trade Commission (“ITC”) with prosecution of violations of U.S. copyrights and trademarks by foreign? based websites. If the ITC concludes that a foreign?based site is violating the law, the ITC would require U.S. advertising networks and payment processors, many of whom we represent, to terminate services to the unlawful site. As organizations that represent companies that are themselves rightsholders and that are on the front lines of working with rightsholders to protect their works, we believe that this approach would be an effective tool in combating copyright and trademark infringement. We appreciate your leadership in providing a thoughtful, effective proposal, and we stand ready to work with you as it moves through the legislative process. http://www.keepthewebopen.com/assets/pdfs/12-12-11%20CCIA,%20CEA,%20NetCoalition%20OPEN%20Endorsement%20Letter.pdf

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December 12, 2011 Dear Senator Wyden and Representative Issa, As you know, the undersigned Internet and technology organizations support legislation that would provide tools to target foreign?based “rogue” websites that are engaged in widespread copyright and trademark infringement. We believe the draft OPEN Act is narrowly focused on providing effective remedies that target such sites, without creating new liabilities for lawful, U.S. technology companies or collateral damage to the secure functioning of the global open Internet. Consequently, we support the approach taken in the draft OPEN Act, which would task the International Trade Commission (“ITC”) with prosecution of violations of U.S. copyrights and trademarks by foreign? based websites. If the ITC concludes that a foreign?based site is violating the law, the ITC would require U.S. advertising networks and payment processors, many of whom we represent, to terminate services to the unlawful site. As organizations that represent companies that are themselves rightsholders and that are on the front lines of working with rightsholders to protect their works, we believe that this approach would be an effective tool in combating copyright and trademark infringement. We appreciate your leadership in providing a thoughtful, effective proposal, and we stand ready to work with you as it moves through the legislative process. http://www.keepthewebopen.com/assets/pdfs/12-12-11%20CCIA,%20CEA,%20NetCoalition%20OPEN%20Endorsement%20Letter.pdf

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Net Coalition 3 years ago

Organizations Opposing

January 11, 2012 WASHINGTON — The following is a statement by Michael O’Leary, Senior Executive Vice President for Global Policy and External Affairs at the Motion Picture Association of America in response to a press conference by Representative Darrell Issa and Senator Ron Wyden on their legislation, the OPEN Act: “Everyone agrees that we need to act to stop foreign criminals who profit from stolen creative content and counterfeit goods on their websites. Doing nothing is not an option. The longer Congress delays taking action more American jobs are being placed at risk and more consumers will face serious dangers on the Internet including unknowingly purchasing counterfeit products. “The disagreement is over the best method to target these foreign criminal websites. Unfortunately, the legislation sponsored by Senator Wyden and Representative Issa, the OPEN Act, is ineffective and essentially a distraction intended to hurt the prospects of more effective legislation, the Stop Online Piracy Act and PROTECT IP Act, which have bipartisan support and the rare backing of the AFL-CIO and Chamber of Commerce. “The OPEN Act is ineffective in targeting foreign criminal websites in several ways. It creates a time consuming and costly method for copyright holders to adjudicate against foreign thieves. Instead of using the federal courts that already decide copyright infringement cases, it adds additional hurdles for independent artists and small businesses. The bill does not contain technical means to block foreign websites from the American market and it allows companies profiting from online piracy to advocate for foreign rogue websites against rightful American copyright holders. Finally, the legislation will lead to a costly expansion of bureaucracy.” http://www.mpaa.org/resources/428712e0-704e-4f00-b2ab-2e5c59b35a82.pdf

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Bill Summary

S. 2028 Invest in American Jobs Act of 2011 S. 2030 Prepaid Card Consumer Protection Act of 2011