So it looks like this little guy is starting to gain momentum and could be just as big a problem as SOPA, only thing is nobody knows (or at least is talking about it) about this one as its sneaking through the Senate
WIKI linkThe PROTECT IP Act[8] defines infringement as distribution of illegal copies, counterfeit goods or anti-DRM technology, and infringement exists if "facts or circumstances suggest [the site] is used, primarily as a means for engaging in, enabling, or facilitating the activities described". The bill says it does not alter existing substantive trademark or copyright law.[9]
The bill provides for "enhancing enforcement against rogue websites operated and registered overseas", and authorizes the United States Department of Justice to seek a court order in rem against websites dedicated to infringing activities themselves, if through due diligence an individual owner or operator cannot be located.[10] The bill requires the Attorney General to serve notice to the defendant.[11] Once the court issues an order, it could then be served on financial transaction providers, Internet advertising services, Internet service providers, and information location tools to require them to stop financial transactions with the rogue site and stop linking to it.[12] The term "information location tool" is borrowed from the Digital Millennium Copyright Act and is understood to refer to search engines, but could cover other sites that link to content.[13]
“ The Protect IP Act says that an "information location tool shall take technically feasible and reasonable measures, as expeditiously as possible, to remove or disable access to the Internet site associated with the domain name set forth in the order". In addition, it must delete all hyperlinks to the offending "Internet site".[14] ”
Nonauthoritative domain name servers would be ordered to take technically feasible and reasonable steps to prevent the domain name from resolving to the IP address of a website that had been found by the court to be “dedicated to infringing activities.”[15] The website could still be reached by its IP address, but links or users that used the website’s domain name would not reach it. Also search engines—such as the already protesting Google—would be ordered to “(i) remove or disable access to the Internet site associated with the domain name set forth in the [court] order; or (ii) not serve a hypertext link to such Internet site.”[16] Furthermore, trademark and copyright holders who have been harmed by the activities of a website dedicated to infringing activities would be able to apply for a court injunction against the domain name to compel financial transaction providers and Internet advertising services to stop processing transactions to and placing ads on the website, but would not be able to obtain the domain name remedies available to the Attorney General.[17]
[edit]Supporters
articleDespite endless complaint, citizen action, and expert opinion that calls into question the overall legality of the bill, the Senate is on the warpath. According to CNet:
On Saturday, as the Senate was preparing to adjourn until 2012, Reid proposed that the initial debate on Protect IP would take place at 2:15 p.m. ET on January 24, one day after senators return from the holidays.
“I am pleased the majority leader has filed a motion to proceed to the Protect IP Act,” Sen. Patrick Leahy (D-Vt.), Protect IP’s author, said afterward. “The costs of online infringement are American jobs, harm to America’s economy, and very real threats to consumers’ safety. The answer cannot simply be to do nothing.”