{"id":2754,"date":"2012-01-11T06:41:03","date_gmt":"2012-01-11T11:41:03","guid":{"rendered":"http:\/\/www.ict-pulse.com\/?p=2754"},"modified":"2012-01-11T06:41:03","modified_gmt":"2012-01-11T11:41:03","slug":"the-protect-ip-act-what-you-need-to-know","status":"publish","type":"post","link":"https:\/\/ict-pulse.com\/2012\/01\/the-protect-ip-act-what-you-need-to-know\/","title":{"rendered":"The PROTECT IP Act: what you need to know"},"content":{"rendered":"

In our predictions for 2012<\/a><\/strong>, we suggested that online piracy would be a key issue to watch this year. This prediction has been bolstered by the upcoming debate surrounding the PROTECT IP Act, which was introduced last year and should resume toward the end of this month.<\/em><\/p>\n

\"\"<\/a>For decades the US has been the hotbed of innovation across a broad spectrum of industries, particularly ICT and technology. In recent years, however, while it is still a leading innovator, the dynamics have changed. Depending on the indicator, such as the Global Innovation Index<\/a> by INSEAD<\/a>, the US was ranked seventh in 2011, having been surpassed by countries, such as Switzerland, Sweden, Singapore and Finland. More importantly however, a number of entities outside of the US have been illegally capitalising on US-based innovation to produce cheaper and even inferior products and services, resulting in reportedly considerable loss of revenue and jobs annually.<\/p>\n

One of the ways the US intends to address this matter is to introduce legislation to protect its and its citizens\u2019 intellectual property (IP). In one of our last posts for 2011, we discussed the Stop Online Piracy Act (SOPA)<\/a><\/em><\/strong>, which was tabled in the US House of Representatives in October, and has been being roundly criticised by the tech industry and the wider community. However, even before SOPA, last May, the US Senate tabled the PROTECT IP Act. In anticipation of the debate on the PROTECT IP Act, which is scheduled to begin in the Senate on 23 January, this post highlights some of the main features and criticisms being levelled at this bill, of which we should be aware.<\/p>\n

What is PROTECT IP Act?<\/h3>\n

The Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act<\/em>, more commonly referred to as the PROTECT IP Act, is legislation intended to block both foreign and domestic websites that are infringing US copyrights. The legislation would authorise<\/p>\n

\u2026 the Justice Department to file a civil action against the registrant or owner of a domain name that accesses a foreign infringing Internet site, or the foreign-registered domain name itself, and to seek a preliminary order from the court that the site is dedicated to infringing activities. For an order to issue, the Justice Department must also show that the Internet site is directed at U.S. consumers and harms holders of U.S. Intellectual Property\u2026 (Source: Censorship in America<\/a>)<\/p><\/blockquote>\n

The PROTECT IP Act is a reworking of Combating Online Infringement and Counterfeits Act, which was tabled in 2010 and was rejected.\u00a0 Although the current version is generally considered an improvement of its predecessor, it is still being widely condemned.<\/p>\n

What is the difference between the PROTECT IP ACT and SOPA?<\/h3>\n

From all indications, there is little difference between the PROTECT IP Act and SOPA. Some of the areas of commonality between both pieces of legislation include:<\/p>\n