WASHINGTON – U.S. Senator Chris Coons (D-Del.) is a cosponsor of two bipartisan bills introduced Thursday to fight online piracy and counterfeiting. The first — the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act (PROTECT IP) — was introduced by Senate Judiciary Committee Chairman Pat Leahy (D-Vt.) to target so-called “rogue” websites dedicated to the sale or distribution of infringing or counterfeit goods. The second was introduced by Senator Amy Klobuchar (D-Minn.) to make it a felony to stream pirated copyrighted content.

Copyright infringement and the sale of counterfeit goods cost the U.S. economy billions of dollars and hundreds of thousands of jobs, as well as billions of dollars in lost tax revenue for federal, state and local governments.

“Preventing the theft of American intellectual property is an important part of our strategy for making our nation more competitive in the global economy,” Senator Coons said. “As a nation we are hemorrhaging money and jobs because of rogue websites whose sole purpose is to distribute and sell pirated content and counterfeit goods. It’s a serious issue that these two bills will help address.”

The PROTECT IP Act — S.968 — follows bipartisan legislation introduced in 2010 but narrows the definition of a rogue website, while ensuring that law enforcement can get at the “worst-of-the-worst” websites dedicated to selling infringing goods. It will provide law enforcement with important tools to stop websites dedicated to online piracy and the sale of counterfeit goods, which range from new movie and music releases, to pharmaceuticals and consumer products. It also expands U.S. law enforcement’s ability to target websites hosted abroad. Key updates to the PROTECT IP Act include:

•        A narrower definition of an Internet site “dedicated to infringing activities”

•        Authorization for the Attorney General to serve an issued court order on a search engine, in addition to payment processors, advertising networks and Internet service providers

•        Authorization for both the Attorney General and rights holders to bring actions against online infringers operating an internet site or domain where the site is “dedicated to infringing activities,” but with remedies limited to eliminating the financial viability of the site, not blocking access

•        Requirement of plaintiffs to attempt to bring an action against the owner or registrant of the domain name used to access an Internet site “dedicated to infringing activities” before bringing an action against the domain name itself

•        Protection for domain name registries, registrars, search engines, payment processors, and advertising networks from damages resulting from their voluntary action against an Internet site “dedicated to infringing activities,” where that site also “endangers the public health,” by offering controlled or non-controlled prescription medication. 

In addition to Senator Coons, the PROTECT IP Act is cosponsored by Senators Orrin Hatch (R-Utah), Chuck Grassley (R-Iowa), Chuck Schumer (D-N.Y.), Dianne Feinstein (D-Calif.), Sheldon Whitehouse (D-R.I.), Lindsey Graham (R-S.C.), Herb Kohl (D-Wis.), and Richard Blumenthal (D-Conn.).

Senator Klobuchar’s online streaming bill — S.978 — clarifies the criminal code to treat the streaming of copyrighted material the same as the distribution of copyrighted material for download. The bill would make streaming of copyrighted work whose value is greater than $2,500 a felony. It does not apply to individuals who view streamed content — only to individuals and sites providing the streamed content. In addition to Senator Coons, S.978 is cosponsored by Senator John Cornyn (R-Texas).

Senator Coons is a member of the Senate Judiciary Committee, which will consider both bills.

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