Last week, Senate Judiciary Committee Chairman Leahy, ranking member Grassley, and Senator Hatch introduced S. 968, “The Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act” (The PROTECT IP Act).
Similar to last year’s COICA bill, the PROTECT IP Act applies to Internet sites that are “dedicated to infringing activities,” (aka “rogue websites”). The bill allows the Department of Justice (DOJ) or an IP owner to sue the rogue sites. A court order will issue, if the Internet site is found to be “dedicated to infringement,” directed at U.S. consumers and harms U.S. IP owners.
If the action is brought by DOJ, the court order may (with court authority) then be served on ISPs, financial transaction providers, online advertising services, and search engines. In response to the order, ISPs and search engines would be required to take steps to prevent access to the site and financial transaction providers and online advertising services would be required to cease doing business with the site.
An action brought by the IP owner would operate similarly except that the order may only be served on financial transaction providers and advertising services (not to ISPs or search engines). The bill is included on the agenda to be marked up at the Senate Judiciary Committee business meeting this Thursday.