Senate Judiciary to Markup Online Piracy and Counterfeiting Bill on Sept 30
On September 30, 2010, the Senate Judiciary Committee will hold a markup of S. 3804, the Combating Online Infringement and Counterfeits Act, a bill to address the problem of online piracy and counterfeiting.
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(S. 3804 was introduced on September 20, 2010 by Senator Leahy (D), who is Chairman of the Senate Judiciary Committee and 14 cosponsors1.)
Bill Would Give DOJ Tools to Crack Down on IPR-Infringing Web Sites
A press release from Senator Leahy states that S. 3804 would give the Department of Justice tools to track and shut down Web sites devoted to providing access to counterfeit goods, unauthorized downloads, and streaming or sale of copyrighted content. The illegal products offered through these Web sites, which are often foreign-owned and operated, range from new movie and music releases, to pharmaceuticals and consumer products.
The press release also states that S. 3804 would:
- Give the Justice Department an expedited process for cracking down on websites that are dedicated to making infringing goods and services available;
- Authorize the Department of Justice to file an in rem civil action against a domain name, and seek a preliminary order from the court that the domain name is being used to traffic infringing material. The Department must publish notice of the action promptly after filing, and it would have to meet clear criteria that focus on the sites’ substantial and repeated role in online piracy or counterfeiting;
- Provide safeguards allowing the domain name owner or site operator to petition the court to lift the order; and
- Provide safeguards against abuse by allowing only the Justice Department to initiate an action, and by giving a federal court the final say about whether a particular site would be cut off from supportive services.
1Senators Bayh (D), Cardin (D), Coburn (R), Durbin (D), Feinstein (D), Graham (R), Grassley (R), Hatch (R), Klobuchar (D), Kohl (D), Schumer (D), Specter (D), Voinovich (R), and Whitehouse (D).
(See ITT’s Online Archives or 09/22/10 news, 10092204, for BP summary announcing the introduction of S. 3804.)
Text of S. 3804 is available here.