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Dear Mr. Plummer,
Thank you for contacting me about the internet streaming of copyrighted material. I appreciate hearing from you on this issue.
On May 12, 2011, Senator Leahy (D-VT) introduced S. 968, the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property (PROTECT IP) Act. While I am supportive of the goals of the bill, I am deeply concerned that the definitions and the means by which the legislation seeks to accomplish these goals will have unintended consequences and hurt innovation, job creation, and threaten online speech and security. On November 17, 2011, I signed a letter along with Senator Ron Wyden (D-OR) objecting to the bill as it is currently written.
On December 17, 2011, Senator Wyden introduced the "Online Protection and Enforcement of Digital Trade" (OPEN) Act (S. 2029), of which I am an original co-sponsor. The bill has been referred to the Senate Finance Committee, where it is currently awaiting further review. The OPEN Act is a more effective approach to stopping foreign web sites that are found to be primarily and willfully used to infringe intellectual property rights. The OPEN Act builds on the existing legal framework used by the International Trade Commission for addressing unfair acts in the importation of articles into the United States, or in their sale for importation, or sale within the United States after importation.
Our trade laws have yet to catch up to deal with the global digital economy. The OPEN Act recognizes that the Internet has created new opportunities for foreign products to reach the U.S. market and that there is little difference between downloading a pirated movie from a foreign website and importing a counterfeit movie DVD from a foreign company. For those foreign web sites that are determined after an investigation to be primarily and willfully infringing, the International Trade Commission will issue a "Cease and Desist" order. The "Cease and Desist" order may also be served on financial intermediaries that provide services to that foreign web site, compelling financial payment processors and online advertising providers to cease doing business with the foreign site in question. This would cut off financial incentives for this illegal activity and deter these unfair imports from reaching the U.S. market.
The OPEN Act addresses the same challenges as the PROTECT IP Act, while protecting freedom of speech, innovation, and security on the Internet. The challenge of rogue web sites is one that many nation's face. The United State has always been seen as a leader on Internet issues. Laws we establish in the United States regarding the Internet are likely to be used as models around the world. And because the Internet is global in nature, it is important that we carefully consider how the laws and policies we adopt in this area may be received and translated by other countries.
Thank you again for contacting me to share your thoughts on this matter. You may also be interested in signing up for periodic updates for Washington State residents. If you are interested in subscribing to this update, please visit my website at http://cantwell.senate.gov. Please do not hesitate to contact me in the future if I can be of further assistance.
Sincerely,
Maria Cantwell
United States Senator
For future correspondence with my office, please visit my website at
http://cantwell.senate.gov/contact/
It's obviously just a form letter, but I guess that's better than nothing. I haven't heard anything about that OPEN Act until now, but from what little I've read about it, it seems reasonable enough I guess (at least when compared to the horrible SOPA and PIPA, anyway). Will be keeping an eye on it as well.
Will post similar responses from Patty Murray, Jay Inslee, or Barack Obama if I happen to get any.
Thank you for contacting me about the internet streaming of copyrighted material. I appreciate hearing from you on this issue.
On May 12, 2011, Senator Leahy (D-VT) introduced S. 968, the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property (PROTECT IP) Act. While I am supportive of the goals of the bill, I am deeply concerned that the definitions and the means by which the legislation seeks to accomplish these goals will have unintended consequences and hurt innovation, job creation, and threaten online speech and security. On November 17, 2011, I signed a letter along with Senator Ron Wyden (D-OR) objecting to the bill as it is currently written.
On December 17, 2011, Senator Wyden introduced the "Online Protection and Enforcement of Digital Trade" (OPEN) Act (S. 2029), of which I am an original co-sponsor. The bill has been referred to the Senate Finance Committee, where it is currently awaiting further review. The OPEN Act is a more effective approach to stopping foreign web sites that are found to be primarily and willfully used to infringe intellectual property rights. The OPEN Act builds on the existing legal framework used by the International Trade Commission for addressing unfair acts in the importation of articles into the United States, or in their sale for importation, or sale within the United States after importation.
Our trade laws have yet to catch up to deal with the global digital economy. The OPEN Act recognizes that the Internet has created new opportunities for foreign products to reach the U.S. market and that there is little difference between downloading a pirated movie from a foreign website and importing a counterfeit movie DVD from a foreign company. For those foreign web sites that are determined after an investigation to be primarily and willfully infringing, the International Trade Commission will issue a "Cease and Desist" order. The "Cease and Desist" order may also be served on financial intermediaries that provide services to that foreign web site, compelling financial payment processors and online advertising providers to cease doing business with the foreign site in question. This would cut off financial incentives for this illegal activity and deter these unfair imports from reaching the U.S. market.
The OPEN Act addresses the same challenges as the PROTECT IP Act, while protecting freedom of speech, innovation, and security on the Internet. The challenge of rogue web sites is one that many nation's face. The United State has always been seen as a leader on Internet issues. Laws we establish in the United States regarding the Internet are likely to be used as models around the world. And because the Internet is global in nature, it is important that we carefully consider how the laws and policies we adopt in this area may be received and translated by other countries.
Thank you again for contacting me to share your thoughts on this matter. You may also be interested in signing up for periodic updates for Washington State residents. If you are interested in subscribing to this update, please visit my website at http://cantwell.senate.gov. Please do not hesitate to contact me in the future if I can be of further assistance.
Sincerely,
Maria Cantwell
United States Senator
For future correspondence with my office, please visit my website at
http://cantwell.senate.gov/contact/
It's obviously just a form letter, but I guess that's better than nothing. I haven't heard anything about that OPEN Act until now, but from what little I've read about it, it seems reasonable enough I guess (at least when compared to the horrible SOPA and PIPA, anyway). Will be keeping an eye on it as well.
Will post similar responses from Patty Murray, Jay Inslee, or Barack Obama if I happen to get any.
