Congress must combat online theft

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Lawmaking in Congress is often compared to sausage-making – messy, unedifying and best hidden from the children. Partisan rancor in recent years has added new unpleasantness, making some ask if Congress can function at all.

On many issues, though, our legislature works like the Founding Fathers intended. A case in point is the effort to protect U.S. intellectual property against counterfeiting and theft, which damages our economy and can jeopardize consumers’ wellbeing.

The recent bipartisan introduction of the Protect Intellectual Property Act offers hope for the U.S. economy and the innovative individuals who drive it forward by creating advanced technologies, life-saving pharmaceuticals, powerful new software and other intellectual content — including books, music and movies. This bill focuses on the darker side of the Internet, which provides a platform for a vast, criminal industry of online counterfeiting and piracy.

This bill aims to combat the worst of the rogue websites — which notoriously traffic in illegal online content and goods. The criminals behind these Websites are sophisticated and well-financed, running enticing sites that look legitimate, but actually offer shoddy, dangerous products as well as computer viruses and identity theft.

The economic stakes are enormous. Roughly 2.5 million jobs have been lost to trademark counterfeiting and copyright piracy, and the criminals behind this theft increase their online presence every day. Rogue sites and their operators undercut the bedrock of the U.S. economy — innovative, IP-intensive industries. These solid businesses employ some 19 million people and deliver a wide range of goods and services that improve life for Americans and people around the globe.

In one notable success, the Immigration and Customs Enforcement Office’s “Operation in Our Sites” has shut down more than 100 websites involved in illegal cyber enterprises. Many rogue sites, however, operate in foreign countries, beyond the reach of U.S. law. That’s where this proposed act can make a difference.

The legislation authorizes the attorney general, or a private “rights holder” who believes intellectual property has been stolen, to seek court action to cut off payments and advertising that support a criminal Website. Additional remedies, like removing the site from search engine results are available as well. But only the attorney general would be authorized to seek the ultimate remedy of blocking the website through use of the domain name system, which translates website names — like www.cnn.com — into the numerical Internet Protocol designations used by Internet routers.

The bill follows an earlier measure that garnered much support in the last Congress, but also raised concerns that it cast too wide a net and might unintentionally shut down legal websites as well. The new PROTECT IP Act includes a number of significant adjustments to address critics’ objections.

Most important, the measure’s scope was narrowed to minimize the risk of shutting down Websites that provide a large amount of legal content. The revised measure also gives expanded notice to owners of an allegedly illegal site — to ensure defendants have the opportunity to defend themselves.

These adjustments are exactly the way Congress is supposed to work — responding to reasoned objections and making the changes necessary to attract majority support.

Every marketplace needs rules to protect people from fraud and theft. But it’s also critical to strike the right balance to capture the criminals while also ensuring the free flow of information across the open Internet. That’s what PROTECT IP aims to do.

There is still work ahead. Those who fear government overreach are likely to use the built-in checks of the legislative process to seek further improvements. But, if sponsors and skeptics can continue to move forward here, the act should provide the basis for a final measure that will support American innovators, protect U.S. intellectual property and propel our economy forward.

Mike McCurry is co-chairman of Arts+Labs, which on June 15 is hosting CREATE, a forum on creativity and copyright. He is a former White House press secretary for President Bill Clinton, from 1995-1998.