PROTECT IP Act Would Grant Swift Domain Seizures

WASHINGTON — Legislation that would allow the Justice Department to seize domains suspected of infringement and force search engines to stop returning results of them is back on the table.

The PROTECT IP Act also would allow copyright holders to seek court orders on their own without waiting for government agencies to intervene on their behalf and allow court orders against third parties providing services to infringing sites.

Under the act, third parties, including "interactive computer services" and "servers of sponsored links," would be forced to cease linking to websites suspected of infringement.

This portion of the act, formally called the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011, would be particularly menacing to online companies because it would affect potentially any service or web page where a URL of a suspected infringer might turn up.

"Despite some salient differences in the new version, we are no less dismayed by this most recent incarnation than we were with last year's draft," says Abigail Phillips, an Electronic Frontier Foundation staff attorney, referring to COICA, or the Combating Online Infringement and Counterfeits Act.

"Consider whether Viacom would have bothered to bring a copyright infringement action against YouTube — with the attendant challenges of arguing around the DMCA safe harbors — had it had this cause of action in its arsenal," she says. "The act includes language that says it's not intended to 'enlarge or diminish' the DMCA's safe harbor limitations on liability.

"But make no mistake, rights holders will argue that safe harbor qualification is simply immaterial if a site is deemed to be dedicated to infringement."

Full text of the Protect IP Act of 2011 is available here.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

9th Circuit Upholds Verdict Against Oregon College for Discriminating Against Former Adult Performer

The Ninth U.S. Circuit Court of Appeals on Monday upheld a 2022 Oregon jury’s verdict in favor of Nicole Gililland, a former nursing student who sued her school for discriminating against her because of her adult performer past.

Former Trump Staffer, Project 2025 Advisor John McEntee Predicts a Total Porn Ban

John McEntee, Senior Advisor to the Heritage Foundation’s Project 2025 and a key figure in the former Trump administration, predicted an eventual full ban of pornography and claimed that once it is enacted, “this country will flourish.”

Vendo Launches 'Pay by Bank' Service

Vendo has launched its new Pay by Bank checkout system.

CrakRevenue Taps Maxime Bergeron as New CEO

CrakRevenue has appointed longtime staffer Maxime Bergeron as the company's new CEO.

Clips4Sale Adds 'Spatial Video' Category

Clips4Sale (C4S) has debuted a “spatial video” category for the next generation of VR and AR devices.

Lemon Social Launches Educational Program, 'Metaverse' Feature

Premium fan platform Lemon Social has debuted an "Adult Content University" program and a "Lemon Social Metaverse" feature.

Australian Conservatives Raise Concerns About US-Born Online Censor

Long after progressive free speech advocates in Australia questioned eSafety Commissioner Julie Inman Grant over her campaigns to target adult content, conservatives and libertarians are now raising concerns about the powers granted to the country’s top censor — an unelected former tech exec born in the U.S. — with some calling for her ouster.

Cupcake Girls, Aylo Partner on Educational Video Series for Performers

The Cupcake Girls and Aylo have teamed up to produce a series of educational videos focused on safety standards for adult performers.

My.Club Appoints Nicole Aniston as New Brand Ambassador

My.Club has named Nicole Aniston its newest brand ambassador.

Elevated X Implements Age Verification Solution, Integration API

Elevated X is now offering age verification services (AVS) through an API.

Show More