S.968 – PIPA

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114th Congress: We’re updating with new data as it becomes available.

A bill to prevent online threats to economic creativity and theft of intellectual property, and for other purposes.

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All Bill Titles

Popular: PIPA as .

Official: A bill to prevent online threats to economic creativity and theft of intellectual property, and for other purposes. as introduced.

Short: Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 as introduced.

Short: PROTECT IP Act of 2011 as introduced.

Short: Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 as reported to senate.

Short: PROTECT IP Act of 2011 as reported to senate.

Popular: PIPA.

Bill’s Views

Today: 55

Past Seven Days: 222

All-Time: 344,804

Official Bill Text

Comment on about 0 Pages

Introduced

Senate

Passes 

House

Passes

President

Signs

05/12/11

Sponsor

Senator

Patrick Leahy

Hide Co-Sponsors

Lamar Alexander

Added May 25, 2011

Kelly Ayotte

Added June 27, 2011

Wthdrawn January 23, 2012

Michael F. Bennet

Added July 25, 2011

Wthdrawn January 23, 2012

Jeff Bingaman

Added October 19, 2011

Richard Blumenthal

Added May 12, 2011

Roy Blunt

Added May 23, 2011

Wthdrawn January 23, 2012

John Boozman

Added June 15, 2011

Wthdrawn January 23, 2012

Barbara Boxer

Added December 12, 2011

Sherrod Brown

Added October 20, 2011

Benjamin L. Cardin

Added July 13, 2011

Robert P. Casey, Jr.

Added September 07, 2011

Saxby Chambliss

Added November 02, 2011

Wthdrawn January 26, 2012

Thad Cochran

Added June 23, 2011

Christopher A. Coons

Added May 12, 2011

Bob Corker

Added June 09, 2011

Richard J. Durbin

Added June 30, 2011

Michael B. Enzi

Added September 07, 2011

Dianne Feinstein

Added May 12, 2011

Al Franken

Added May 12, 2011

Kirsten E. Gillibrand

Added May 26, 2011

Lindsey Graham

Added May 12, 2011

Chuck Grassley

Added May 12, 2011

Kay R. Hagan

Added July 05, 2011

Orrin G. Hatch

Added May 12, 2011

Wthdrawn January 23, 2012

Johnny Isakson

Added November 02, 2011

Tim Johnson

Added October 03, 2011

Amy Klobuchar

Added May 12, 2011

Herb Kohl

Added May 12, 2011

Mary L. Landrieu

Added October 17, 2011

Joseph I. Lieberman

Added July 07, 2011

John McCain

Added July 26, 2011

Robert Menendez

Added October 31, 2011

Jerry Moran

Added June 23, 2011

Wthdrawn June 27, 2011

Bill Nelson

Added September 23, 2011

James E. Risch

Added November 07, 2011

Wthdrawn January 23, 2012

Marco Rubio

Added May 26, 2011

Wthdrawn January 23, 2012

Charles E. Schumer

Added May 12, 2011

Jeanne Shaheen

Added June 30, 2011

Tom Udall

Added July 07, 2011

David Vitter

Added November 07, 2011

Wthdrawn January 26, 2012

Sheldon Whitehouse

Added May 12, 2011

Committees

Senate Committee on the Judiciary

Related Issue Areas

Law

Civil actions and liability

Consumer affairs

Drug safety, medical device, and laboratory regulation

Fraud offenses and financial crimes

Intellectual property

Internet and video services

Marketing and advertising

Prescription drugs

Data via Congressional Research Service Hide Issues

OpenCongress Summary

Establishes a system for taking down websites that the Justice Department determines to be “dedicated to infringing activities.” The DoJ or the copyright owner would be able to commence a legal action against the alleged infringer and the DoJ would be allowed to demand that search engines, social networking sites and domain name services block access to the targeted site. In some cases, action could be taken to block sites without first allowing the alleged infringer to defend themselves in court.

OpenCongress bill summaries are written by OpenCongress editors and are entirely independent of Congress and the federal government. For the summary provided by Congress itself, via the Congressional Research Service, see the “Official Summary” below.

Official Summary

Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 or the PROTECT IP Act of 2011 –

(Sec. 3)

Authorizes the Attorney General (AG) to commence:

(1) an in personam action against a registrant of a nondomestic domain name (NDN) used by an Internet site dedicated to infringing activities (ISDIA) or an owner or operator of an ISDIA accessed through an NDN; or

(2) if such individuals are unable to be found by the AG or have no address within a U.S. judicial district, an in rem action (against a domain name itself, in lieu of such individuals) against the NDN used by an ISDIA. Defines ISDIA as a site that:

(1) has no significant use other than engaging in or facilitating copyright infringement, circumventing technology controlling access to copyrighted works, or selling or promoting counterfeit goods or services; or

(2) is designed, operated, or marketed and used to engage in such activities. Defines NDN as a domain name for which the registry that issued the domain name and operates the relevant top level domain, and the registrar for the domain name, are located outside the United States. Allows the court, upon application by the AG after an NDN-related in personam or in rem action is commenced under this section, to issue a temporary restraining order or an injunction against the NDN, registrant, owner, or operator to cease and desist further ISDIA activity if the NDN is used within the United States to access an ISDIA directing business to U.S. residents and harming U.S. intellectual property right holders. Directs the AG to identify and provide advance notice to operators of nonauthoritative domain name system servers (NDNSSs), financial transaction providers (FTPs), Internet advertising services (IASs), and providers of information location tools (ILTs), including search engines, online directories, and other indexes with hypertext links or referrals to online locations, whose action may be required to prevent such NDN-related ISDIA activity. Sets forth the preventative measures required to be taken by NDNSSs, FTPs, IASs, and ILTs upon being served with a court order in a such an NDN-related action commenced by the AG.

(Sec. 4)

Authorizes the AG or an intellectual property right owner harmed by an ISDIA to commence:

(1) an in personam action against a registrant of an ISDIA’s domain name or an owner or operator of an ISDIA accessed through a domain name; or

(2) if such individuals are unable to be found or have no address within a U.S. judicial district, an in rem action against a domain name used by an ISDIA. Allows the court, upon application by the relevant plaintiff after an in personam or in rem action concerning a domain name is commenced under this section, to issue a temporary restraining order or injunction against a domain name, registrant, owner, or operator to cease and desist further ISDIA activity if the domain name is:

(1) registered or assigned by a domain name registrar or registry located or doing business in the United States, or

(2) used within the United States to access an ISDIA directing business to U.S. residents and harming U.S. intellectual property right holders. Directs the relevant plaintiff to identify and provide advance notice to FTPs and IASs whose action may be required to prevent such ISDIA activity. Requires, upon being served with a court order after such an in personam or in rem action concerning a domain name is commenced by the AG or a private right owner under this section:

(1) FTPs to take reasonable specified preventative measures, and

(2) IASs to take technically feasible and reasonable measures. Sets forth provisions regarding the entities that may be required to take certain preventative measures in actions concerning both domain names and NDNs:

(1) granting immunity to such entities for actions complying with a court order,

(2) authorizing the relevant plaintiff to bring an action for injunction relief against a served entity that knowingly and willfully fails to comply with a court order, and

(3) permitting such entities to intervene in commenced actions and request modifications, suspensions, or terminations of related court orders.

(Sec. 5)

Provides immunity from liability for:

(1) FTPs or IASs that, in good faith, voluntarily take certain preventative actions against ISDIAs, and

(2) domain name registries and registrars, FTPs, ILTs, or IASs that, in good faith, withhold services from infringing sites that endanger public health by distributing prescription medication that is counterfeit, adulterated, misbranded, or without a valid prescription.

(Sec. 7)

Requires the AG to:

(1) publish procedures to receive information from the public about ISDIAs and develop a process to coordinate enforcement activities with other law enforcement agencies, and

(2) report annually to Congress on actions commenced by the AG under this Act including the use of related court orders and enforcement procedures. Directs the Secretary of Commerce to submit a report to Congress assessing the requirement that NDNSSs, except under specified circumstances, take the least burdensome technically feasible and reasonable measures to prevent an NDN from resolving to its Internet protocol (IP) address after receiving advance notice and upon being served with a court order in an NDN-related in personam or in rem action commenced by the AG under this Act. Requires the Register of Copyrights to submit a report to Congress regarding this Act’s:

(1) enforcement and effectiveness,

(2) burden on intermediaries (including an assessment of the need to reimburse compliance costs), and

(3) application to emerging technologies. Directs the Comptroller General (GAO) to submit a report on certain actions commenced by private plaintiffs under this Act.

(Sec. 8)

Authorizes the Secretary of Homeland Security (DHS), subject to any applicable bonding requirements, to share information and provide:

(1) unredacted samples of the products, packaging, and labels, or related photos with trademark right holders if the U.S. Customs and Border Protection (CBP) suspects an import or export violation under specified provisions of the Lanham Act relating to copied or simulated marks or names; and

(2) samples to affected parties upon the CBP’s seizure of material imported in violation of specified federal copyright laws prohibiting the circumvention of technological measures that control access to or protect a copyrighted work.

Organizations Supporting S.968

Motion Picture Association of America

National Association of Theater Owners

Association of American Publishers

Business Software Alliance

American Association of Independent Music

CBS Corporation

…and 156 more. See all.

Organizations Opposing S.968

Jazz Sequence

Liberty Confidential

Major League Gaming

Minecraft

Miro

Monticello Capital

…and 102 more. See all.

Latest Letters to Congress

S.968 PIPA

Promaxius January 24, 2016

I oppose S.968 – PIPA, and am tracking it using OpenCongress.org, the free public resource website for government transparency and accountability.

This bill, if it becomes a law, would only create more intellectual monopolies than the general populace would like. The fact the defendant couldn’t appear in court before action is taken against them is extremely deplorable on Leahy’s part.

I advise convincing your congressional peers to reject this bill without the bat of an eye.

Thank you fo…

S.968 PIPA

tanglepaw12 March 14, 2014

I am writing as your constituent in the 5th Congressional district of Washington. I oppose S.968 – PIPA, 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 S.968.

The bill allows government and corporate takedowns of full websites over a single link, thereby violating constitutional free speech protections for internet users that follow the law.

…

S.968 PIPA

Gamer64x2 August 25, 2013

I oppose S.968 – PIPA, and am tracking it using OpenCongress.org, the free public resource website for government transparency and accountability.

Sincerely,

William Pearce

See All Letters (2649)

Related Bills

H.R. 3261: Stop Online Piracy Act

Introduced Dec 16, 2011

412 views

Interest group positions: Maplight-trans

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