Online Protection and Enforcement of Digital Trade Act
OPEN is the abbreviated name of the Online Protection and Enforcement of Digital Trade Act of 2011 (S 2029) and the Online Protection and Enforcement of Digital Trade Act of 2012 (HR 3782). S 2029 is a United States Senate Bill and HR 3782 is a United States House of Representatives Bill. Together they are proposed as an alternative to the PROTECT IP Act of 2011 (S 968) and to the Stop Online Piracy Act of 2011 (HR 3261). to expand the ability for American intellectual property owners to protect their interests online by creating stronger mechanisms for combating infringement of American intellectual property, especially against foreign-owned and operated websites (what the Bill terms ‘rogue websites’). The Bill was introduced in the Senate by Democrat Senator Ronald Wyden, senior Senator for Oregon (OR), on 17 December 2011. In the House of Representatives it was introduced by Republican Representative Darrell Issa, Representative for California’s 49th District, on 18 January 2012. At introduction it has 2 co-sponsors in the Senate and 25 co-sponsors in the House of Representatives.
Key provisions
If enacted, the Bill will introduce numerous new court orders a private copyright owner can seek. These new orders are particularly designed to block revenue streams to and visibility of allegedly infringing foreign sites.
Orders to reduce revenue
To reduce direct revenue to these ‘rogue websites’ from American sources, the Bill includes include orders to force American advertising networks and payment facilities from conducting business with allegedly infringing websites. Put simply, this is designed to ensure that no American company or individual is feeding funds into an allegedly infringing website. Restricting advertising networks by court order will stop advertising spend by American companies to the site, while an order to restrict payment facilities from processing payments on behalf of these sites also ensures no American citizen or company can buy products or services or donate to the website either. Basically, this part of the Bill is designed to legitimise the payment blockade that Visa and MasterCard helped enforce against WikiLeaks. Both financial providers began withholding payments to the whistleblowing site last year because of pressure on them from the US Government. Of course, at that time there was no legal grounds on which to justify the action. Visa and MasterCard were merely responding to political pressure. These provisions will remove any legal uncertainty around similar payment blockades against allegedly infringing websites in the future.
Orders to reduce access
The Bill also includes another set of orders designed to force search engines to remove search results that point to allegedly infringing websites and orders to force internet service providers (ISPs) to block access to the sites. These two orders are designed to reduce American internet traffic to the website. Reduced traffic flow reduces advertising revenues and potential donors to any fundraising activity on the site. It also reduces access to allegedly infringing American content hosted on the website (at least in the United States anyway).
Extended criminal provisions
The Bill if passed will also see the existing criminal laws expanded to include unauthorised streaming of copyright material. Such acts would attract a maximum of five years in prison.
Sponsors
Senate Bill
SOURCE: ‘Bill Summary & Status, 112th Congress (2011 – 2012), S.2029, Cosponsors‘ Thomas search on The Library of Congress website. Last queried 29 January 2012.
House Bill
SOURCE: ‘Bill Summary & Status, 112th Congress (2011 – 2012), H.R,3782, Cosponsors‘ Thomas search on The Library of Congress website. Last queried 29 January 2012.