Rep. Mike Thompson Releases Statement Against SOPA, In Support of OPEN Act
January 18, 2012
Congressman Mike Thompson (CA-1) today released the following statement in opposition to the Stop Online Piracy (SOPA) Act, H.R. 3261, and in support of the bipartisan Online Protection & Enforcement of Digital Trade (OPEN) Act, H.R. 3782. Thompson is an original co-sponsor of the OPEN Act, which was introduced today.
“Today, thousands of Internet sites such as Wikipedia and WorldPress have gone dark, giving us a glimpse of what it could be like if the overly broad SOPA legislation became law. SOPA would stifle innovation, resulting in fewer new businesses, fewer new investments and fewer new jobs. From 2004-2009, 15 percent of our country's GDP growth came from the Internet industry.
“Under the rules SOPA would impose, our innovation driven economy would take an enormous blow. Startups wouldn't be able to handle the costs that come with defending their sites against a barrage of alleged violations. Domestic companies could be held liable for unknowingly linking to rogue website content. And people won't invest in Internet startups for fear their money will be tied up in litigation, not innovation. The next Facebook or Google could never get off the ground.
“While online piracy is something we must continually fight, SOPA is the wrong way to do it. That is why I am working with global leaders like Google and Twitter, to instead enact the OPEN Act, which still combats piracy but does so in a way that doesn't let broad government oversight stifle the innovation and creativity that has been a driving force behind the Internet industry's economic success.”
The Open Act, H.R. 3782, would enable holders of intellectual property to petition the International Trade Commissions (ITC) to launch an investigation into whether a foreign website's only purpose is to engage in infringement of U.S. copyrights and trademarks. While complex and difficult issues would take time to resolve, investigations into simple and obvious cases, like the worst foreign rogue websites, could be handled in a matter of days. In either case, the process would create a transparent system in which all parties would have a chance to be heard.
If the ITC investigation finds that a foreign registered website is primarily and willfully infringing on the intellectual property rights of a U.S. rights holder, the commission would issue a cease and desist order that would compel payment processors, like Visa and PayPal, and online advertising providers to cease doing business with the foreign site in question. This would cut off financial incentives for this illegal activity and deter these imports from reaching the U.S. market.
The OPEN Act takes a much narrower and more targeted approach to combating online infringement than other proposed legislation such as SOPA by only targeting sites “primarily and willfully” engaging in infringement. By employing a clear and targeted definition of infringement, the OPEN Act will ensure that only legitimate cases are pursued. Other pieces of legislation such as SOPA employ broader standards that would require many website operators to employ lawyers to argue that it is not engaging in intellectual property infringement. Such broad definitions could be used to discourage innovation and quash free speech.
While SOPA would employ a one-sided process in which judges would only hear from rights holders, by putting the ITC in charge of intellectual property investigations, the OPEN Act would ensure a fair and transparent process in which all parties have an opportunity to be heard.
Unlike SOPA, the OPEN Act does not go after sites or search engines that simply link to websites that host infringing content. Rather the OPEN Act would combat online infringement by cutting off a foreign site's ability to profit from the sale of fake merchandise or content they don't own.
The OPEN Act is supported by a bipartisan group of 22 House Members and 3 Senators, as well as AOL, eBay, Facebook, Google, LinkedIn, Mozilla, twitter, Yahoo!, Zynga, the Consumer Electronics Association (CEA), Computer and Communications Industry Association (CCIA) and netcoalition.com.
Congressman Mike Thompson is proud to represent California's 1st Congressional District, which includes the Counties of Del Norte, Humboldt, Lake, Mendocino, Sonoma, Napa, and Yolo. He is a senior member of the House Ways and Means Committee and the House Permanent Select Committee on Intelligence. Rep. Thompson is also a member of the fiscally conservative Blue Dog Coalition and sits on the bipartisan, bicameral Congressional Wine Caucus.
“Today, thousands of Internet sites such as Wikipedia and WorldPress have gone dark, giving us a glimpse of what it could be like if the overly broad SOPA legislation became law. SOPA would stifle innovation, resulting in fewer new businesses, fewer new investments and fewer new jobs. From 2004-2009, 15 percent of our country's GDP growth came from the Internet industry.
“Under the rules SOPA would impose, our innovation driven economy would take an enormous blow. Startups wouldn't be able to handle the costs that come with defending their sites against a barrage of alleged violations. Domestic companies could be held liable for unknowingly linking to rogue website content. And people won't invest in Internet startups for fear their money will be tied up in litigation, not innovation. The next Facebook or Google could never get off the ground.
“While online piracy is something we must continually fight, SOPA is the wrong way to do it. That is why I am working with global leaders like Google and Twitter, to instead enact the OPEN Act, which still combats piracy but does so in a way that doesn't let broad government oversight stifle the innovation and creativity that has been a driving force behind the Internet industry's economic success.”
The Open Act, H.R. 3782, would enable holders of intellectual property to petition the International Trade Commissions (ITC) to launch an investigation into whether a foreign website's only purpose is to engage in infringement of U.S. copyrights and trademarks. While complex and difficult issues would take time to resolve, investigations into simple and obvious cases, like the worst foreign rogue websites, could be handled in a matter of days. In either case, the process would create a transparent system in which all parties would have a chance to be heard.
If the ITC investigation finds that a foreign registered website is primarily and willfully infringing on the intellectual property rights of a U.S. rights holder, the commission would issue a cease and desist order that would compel payment processors, like Visa and PayPal, and online advertising providers to cease doing business with the foreign site in question. This would cut off financial incentives for this illegal activity and deter these imports from reaching the U.S. market.
The OPEN Act takes a much narrower and more targeted approach to combating online infringement than other proposed legislation such as SOPA by only targeting sites “primarily and willfully” engaging in infringement. By employing a clear and targeted definition of infringement, the OPEN Act will ensure that only legitimate cases are pursued. Other pieces of legislation such as SOPA employ broader standards that would require many website operators to employ lawyers to argue that it is not engaging in intellectual property infringement. Such broad definitions could be used to discourage innovation and quash free speech.
While SOPA would employ a one-sided process in which judges would only hear from rights holders, by putting the ITC in charge of intellectual property investigations, the OPEN Act would ensure a fair and transparent process in which all parties have an opportunity to be heard.
Unlike SOPA, the OPEN Act does not go after sites or search engines that simply link to websites that host infringing content. Rather the OPEN Act would combat online infringement by cutting off a foreign site's ability to profit from the sale of fake merchandise or content they don't own.
The OPEN Act is supported by a bipartisan group of 22 House Members and 3 Senators, as well as AOL, eBay, Facebook, Google, LinkedIn, Mozilla, twitter, Yahoo!, Zynga, the Consumer Electronics Association (CEA), Computer and Communications Industry Association (CCIA) and netcoalition.com.
Congressman Mike Thompson is proud to represent California's 1st Congressional District, which includes the Counties of Del Norte, Humboldt, Lake, Mendocino, Sonoma, Napa, and Yolo. He is a senior member of the House Ways and Means Committee and the House Permanent Select Committee on Intelligence. Rep. Thompson is also a member of the fiscally conservative Blue Dog Coalition and sits on the bipartisan, bicameral Congressional Wine Caucus.
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Issues:Jobs & Economy