infoJustice

Senators Cantwell, Moran, Warner and Wyden, and Representatives Chaffetz, Campbell, Doggett, Eshoo and Lofgren have released a discussion document summarizing IP legislation they are currently drafting to serve as an alternative to the Stop Online Piracy Act.  It would allow IP owners to petition the International Trade Commission to issue cease-and-desist orders against foreign websites that are “primarily” and “willfully” engaged in copyright infringement or “willfully enabling imports of counterfeit merchandise.”  A cease and desist order would compel financial intermediaries and advertisers to cease providing services to the foreign websites.

The sponsors argue that the ITC is already a Congressionally-established “arbiter of whether imports violate U.S. intellectual property rights”  and  “by putting the regulatory power in the hands of the International Trade Commission – versus a diversity of magistrate judges not versed in Internet and trade policy – [it]will ensure a transparent process in which import policy is fairly and consistently applied and all interests are taken into account.”

The legislation will also provide immunity for companies complying with the ITC orders.

For more information:

• Draft Discussion Document: Fighting the Unauthorized Trade of Digital Goods While Protecting Internet Security, Commerce and Speech.”  December 2011.
• Juliana Gruenwald for the National Journal. “Bipartisan Lawmakers Offer Alternative Proposal to Online Piracy Bills. December 1, 2011.
• Jeniffer Martinez for the Hill.  “Piracy Act No Easy Sell in House.” November 30, 2011.