My Letter to Congress: H.R.3261 Stop Online Piracy Act

I am writing as your constituent in the 4th Congressional district of Washington. I oppose H.R.3261 - Stop Online Piracy Act, and am tracking it using OpenCongress.org, the free public resource website for government transparency and accountability.

99% of users on OpenCongress.org, a free, non-partisan resource, oppose H.R.3261.

Here's a summary from OpenCongress.org:

This bill would establish a system for taking down websites that the Justice Department determines to be dedicated to copyright infringment. The DoJ or the copyright owner would be able to commence a legal action against any site they deem to have "only limited purpose or use other than infringement," and the DoJ would be allowed to demand that search engines, social networking sites and domain name services block access to the targeted site. It would also make unauthorized web streaming of copyrighted content a felony with a possible penalty up to five years in prison. This bill combines two separate Senate bills -- S.968 and S.978 -- into one big House bill.

For an excellent overview of the issue of intellectual property in the Internet age along with historical context, I would suggest that you and your staff download (using BitTorrent) and watch the documentary: Steal This Film II. It can be found: http://www.stealthisfilm.com and will only require 45 minutes of your time.

Sincerely,
Bruce Schmoetzer

Dear Mr. Schmoetzer,



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/

Dear Mr. Schmoetzer,



Thank you for contacting me this week about the internet streaming of
copyrighted material. I appreciate hearing from you on this issue.



I would like to give you an update as to where the proposed legislation
is in the process. The Protect IP Act was scheduled to go to the Senate
floor for a procedural vote on January 23, 2011. Due to the effective
grassroots advocacy and public outcry against the bill, Majority Leader
Harry Reid (D-NV) has pulled the proposed legislation from the floor
calendar.



I appreciate Senator Reid's decision to postpone a vote on the PROTECT
IP Act. America's economy thrives on innovation and freedom of speech.
We can't afford to rush an Internet policy that could trample on our
innovation economy. This week, the American people clearly spoke and
their voices were heard. As we move forward, I'll continue to advocate
for a policy that protects both creative content and online freedom of
speech.



Now, I encourage Congress to consider the OPEN Act, which addresses
illegal piracy and security while keeping the Internet open for free
speech and innovation. The OPEN Act would build on the existing legal
framework for resolving unfair acts in the importation of articles,
including those that infringe a valid and enforceable U.S. patent,
copyright, or trademark. Through the International Trade Commission,
violations of digital trade can be investigated and websites found to be
"willfully" and "primarily" infringing on copyright material can be shut
down. The ITC will create a transparent and adversarial process where
all parties would receive due process and IP rules can be consistently
applied. Neither the Stop Online Piracy Act in the House nor the Protect
IP Act in the Senate allow for similar due process.



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/

Dear Mr. Schmoetzer:



Thank you for contacting me with your thoughts about online piracy. I
appreciate hearing from you on this important subject.



As you may know, S.968, the Preventing Real Online Threats to Economic
Creativity and Theft of Intellectual Property Act of 2011, was
introduced in the Senate early last year. Companion legislation called
the Stop Online Piracy Act was also introduced in the House. Both bills
attempt to address the problem of foreign-based websites that sell
pirated movies, music and other products.



While I support the goal of tackling online piracy, I have real concerns
with both of these bills as they are presently written. Protecting
intellectual property is vital for job creation and our economy in
Washington state, but elements of this legislation could hamper
innovation through increased legal burdens and costs. Additionally, I
have concerns about the legislation's potential to reduce freedom of
expression and unintentionally weaken our cybersecurity.



Earlier this month, millions of Americans spoke in opposition to these
bills, and I heard your concerns. Now, we should continue our work to
protect intellectual property and stop online piracy, while continuing
to support a free and open Internet.



Again, thank you for writing to me about this important issue. If you
would like to know more about my work in the Senate, please feel free to
sign up for my weekly updates at http://murray.senate.gov/updates
murray-iq&crop=14739.8489747.8282784.9098189&redirect=http%3a%2f%2fmurra
y.senate.gov%2fupdates> . Please stay in touch.


Sincerely,

Patty Murray
United States Senator


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