Dear Member of Congress: On behalf of the technology industry we

Dear Member of Congress: On behalf of the technology industry we

 Dear Member of Congress: On behalf of the technology industry we write in regard to proposed legislation to combat “rogue” foreign websites. You may be asked to co-­‐sponsor legislation intended to take action against websites that facilitate the purchase of counterfeit products and infringing content. Before deciding whether to sponsor, we urge you to thoroughly familiarize yourself with the text of the bill and consult with all stakeholders whom it would regulate, so as to avoid legislation with serious collateral damage to the secure functioning of the Internet. While we have not yet seen actual legislative language, we understand it is being prepared by the House Judiciary Committee for introduction next week and it will closely resemble the PROTECT IP ACT (S.968). We appreciate the diligent work of Chairman Smith and his staff, and we support the proposed legislation’s goal of combating online infringement of copyrights and trademarks. Nonetheless, we remain deeply concerned that the introduced bill will be overly broad, and could constrain economic growth and threaten a vital sector of the U.S. economy. Numerous important stakeholders have expressed opposition to the Senate version of this bill: • A letter signed by 160 entrepreneurs, founders and executives responsible for more than 300 technology start-­‐ups and 65,000 jobs stated that if the PROTECT IP Act were to become law in its present form, “it will hurt economic growth and chill innovation in legitimate services that help people create, communicate, and make money online.” Venture capitalists who invest in these technology start-­‐ups also communicated their concerns with the legislation, writing that “the bill is ripe for abuse” and will “threaten legitimate innovation.” • Both the Tea Party Patriots and human rights advocates publicly oppose S. 968 in its current form stating for example that “Regulations stipulated in PROTECT IP would cause tremendous damage to the infrastructure and security of the Internet and ultimately undermine the millions of entrepreneurs, businesses and artists who depend on a free, uninterrupted communications platform,” and further warned that “Human rights activists are terrified that PROTECT IP will provide comfort to totalitarian regimes that seek ever more control over Internet users in their own countries.”1 •
108 leading law professors who teach on intellectual property, Internet law, innovation and First Amendment issues offer strong reservations about the bill, stating that “the approach taken in the Act has grave constitutional infirmities, potentially dangerous consequences for the stability and security of the Internet’s addressing system, and will undermine United States foreign policy and strong support of free expression on the Internet around the world” and that the Act “will compromise our ability to defend the principle of a single global Internet,” therefore “represent[ing] the biggest threat to the Internet in its history.” •
54 of the country’s leading technology venture capitalists state that the bill is “ripe for abuse” and will “stifle investment in Internet services, throttle innovation, and hurt American competitiveness.” They encouraged Congress to “focus on making it easier to license works and bring new, innovative services to market,” rather than “chill[ing] investment.” The stakes are high. The technology industry is leading America out of the recession, and inadvertent damage to the tech sector could not happen at a worse time. In fact, a recent McKinsey Global Institute Report found that the U.S. Internet industry alone contributed 15% to U.S GDP over the past five years. We believe it is possible to craft a bill which cracks down on foreign commercial pirates without causing significant collateral damage to legitimate innovators and entrepreneurs. Our industries are willing to convene with you and your staff and other stakeholders to work on a legislative proposal which accomplishes these critical goals. 1 David Segal and Patrick Ruffini, “Stop the Internet Blacklist Bill.” Oregon Live, August 26, 2011. Available at: http://www.oregonlive.com/opinion/index.ssf/2011/08/protect_ip.html.