New bill would target websites enabling copyright infringement

26.10.2011
A new bill introduced in the U.S. House of Representatives would allow law enforcement officials to shut down websites that enable or facilitate copyright infringement, leading some digital rights groups to suggest that YouTube, Twitter and online news sites could be targeted.

Representative Lamar Smith, a Texas Republican and chairman of the House Judiciary Committee, introduced the Stop Online Piracy Act Wednesday, along with a bipartisan group of 11 co-sponsors. The bill would allow the U.S. Department of Justice to seek court orders to block U.S. access to foreign websites accused of infringing copyright.

The bill would also allow copyright holders to seek court orders to block the allegedly infringing sites if efforts to get online advertising networks and payment processors to stop doing business with the sites failed.

Websites operated for the purpose of infringement or having "only limited purpose or use other than" infringement would be targeted, as would sites that engage in, enable or facilitate infringement, according to language in the bill. The bill would also make it a crime, with a five-year prison term, to stream Web content without permission, in some cases, and it reenforces a process that U.S. agencies are now using to shut down U.S. websites accused of infringing copyright.

The bill, modeled partly in the Senate, is a "Draconian" and unwarranted expansion of government power to protect copyright holders, said Gigi Sohn, president and co-founder of digital rights group Public Knowledge.

"The bill would overturn the long-accepted principles and practices of the Digital Millennium Copyright Act notice and takedown process in favor of a one-sided enforcement mechanism that is far more broad than existing law while not attempting to protect the rights of anyone accused of copyright infringement," she said. "Anyone who writes about, or links to, a site suspected of infringement could also become a target of government action."