Changes

===Action Against COICA===

===Action Against COICA===

Sen. Wyden strongly opposed the '''Combating Online Infringement and Counterfeits Act (COICA)''', which was proposed by Sen. Patrick Leahy on September 20, 2010. The proposed bill grants the Attorney General the power to execute in rem action against domain names "dedicated in infringing activities" even if they are located outside the United States. Once the court issues an injunction or temporary restraining order against the domain names, the registrar, registry, internet service provider ([[ISP]]),  financial transaction provider or internet advertising service provider to lock or stop doing business with the domain name.<ref>

Sen. Wyden strongly opposed the '''Combating Online Infringement and Counterfeits Act (COICA)''', which was proposed by Sen. Patrick Leahy on September 20, 2010. The proposed bill grants the Attorney General the power to execute in rem action against domain names "dedicated in infringing activities" even if they are located outside the United States. Once the court issues an injunction or temporary restraining order against the domain names, the registrar, registry, internet service provider ([[ISP]]),  financial transaction provider or internet advertising service provider to lock or stop doing business with the domain name.<ref>

[http://www.govtrack.us/congress/bill.xpd?bill=s111-3804&tab=summary CONGRESSIONAL RESEARCH SERVICE SUMMARY]</ref> In a speech delivered during the Senate Committee on the Judiciary Hearing, Sen. Wyden pointed out that he supports the objective of his fellow lawmakers to go after entities who are "stealing American intellectual property." However, the senator also emphasized that any legislation should be passed without throwing the First Amendment just to punish a few violators. In addition, he enumerated six points to consider to create a legislation that will not violate the First Amendment and will not cause harm to the internet architecture. These points include:<ref>[The Honorable Ron Wyden, Statement for the Record, U.S. Senate Committee on the Judiciary Hearing, “Targeting Websites Dedicated To Stealing American Intellectual Property”- February 16, 2011]</ref>

[http://www.govtrack.us/congress/bill.xpd?bill=s111-3804&tab=summary CONGRESSIONAL RESEARCH SERVICE SUMMARY]</ref> In a speech delivered during the Senate Committee on the Judiciary Hearing, Sen. Wyden pointed out that he supports the objective of his fellow lawmakers to go after entities who are "stealing American intellectual property." However, the senator also emphasized that any legislation should be passed without throwing the First Amendment just to punish a few violators. In addition, he enumerated six points to consider to create a legislation that will not violate the First Amendment and will not cause harm to the internet architecture. Based on his speech, these points include:<ref>[The Honorable Ron Wyden, Statement for the Record, U.S. Senate Committee on the Judiciary Hearing, “Targeting Websites Dedicated To Stealing American Intellectual Property”- February 16, 2011]</ref>

# Don’t be hasty. Good public policy is not made on the back of a galloping horse. While both Congress and law enforcement are understandably eager to go after bad actors, both must be mindful of the precedents that they are setting in the U.S. and around the world. The law is best applied when the government’s assertions can be challenged before its actions are approved.

# '''Don’t be hasty'''- Good public policy is not made on the back of a galloping horse. While both Congress and law enforcement are understandably eager to go after bad actors, both must be mindful of the precedents that they are setting in the U.S. and around the world. The law is best applied when the government’s assertions can be challenged before its actions are approved.

# Avoid collateral damage. Granting law enforcement broad authority to censor online content has a chilling effect on free speech. Narrowly focus law enforcement’s authority on those who are deliberately breaking the law or infringing on others’ property rights for commercial gain.

# '''Avoid collateral damage'''-Granting law enforcement broad authority to censor online content has a chilling effect on free speech. Narrowly focus law enforcement’s authority on those who are deliberately breaking the law or infringing on others’ property rights for commercial gain.

# Preserve Fair Use and secondary liability protections. These safeguards are fundamental to Internet commerce and explain why American companies have been so successful in the global marketplace. The network effect is such a powerful driver of commerce on the Internet that any restriction on links and referrals is a serious barrier to economic activity.

# '''Preserve Fair Use and secondary liability protections'''- These safeguards are fundamental to Internet commerce and explain why American companies have been so successful in the global marketplace. The network effect is such a powerful driver of commerce on the Internet that any restriction on links and referrals is a serious barrier to economic activity.

# Be mindful of how remedies can threaten and shape the integrity or architecture of the Internet. Decisions made today can have lasting results.

# '''Be mindful of how remedies can threaten and shape the integrity or architecture of the Internet'''- Decisions made today can have lasting results.

# Avoid taking actions that will empower foreign regimes to censor the Internet. The United States has led the world in promoting free speech; our example cannot be allowed to give authoritarian regimes any excuse to go backwards.

# '''Avoid taking actions that will empower foreign regimes to censor the Internet'''- The United States has led the world in promoting free speech; our example cannot be allowed to give authoritarian regimes any excuse to go backwards.

# Recognize the difference between copyright infringement and counterfeits. A one-size-fits-all approach towards trademarks and copyright may not be appropriate.

# '''Recognize the difference between copyright infringement and counterfeits'''- A one-size-fits-all approach towards trademarks and copyright may not be appropriate.

==References==

==References==