Yegads. It’s enough to drive even a dedicated “creators’ rights” person into the anti-IP camp.
From W.K. (who also wonders if one can make a living coming up with euphonious acronyms for bad laws) — meet the proposed “PROTECT-IP” Act. You can just call it (as they do on Ars Technica’s Law & Disorder Blog) the Revised Net Censorship Act:
The PROTECT IP Act makes a few major changes to last year’s COICA legislation. …
But what the PROTECT IP Act gives with one hand, it takes away with the other. While the definition of targeted sites is tighter, the remedies against such sites get broader. COICA would have forced credit card companies like MasterCard and Visa to stop doing business with targeted sites, and it would have prevented ad networks from working with such sites. It also suggested a system of DNS blocking to make site nominally more difficult to access.
The PROTECT IP Act adds one more entity to this list: search engines. Last week, when the Department of Homeland Security leaned on Mozilla to remove a Firefox add-on making it simple to bypass domain name seizures, we wondered at the request. After all, the add-on only made it easier to do a simple Google search, and we wondered “what the next logical step in this progression will be: requiring search engines to stop returning results for seized domain names?”
Turns out that’s exactly what’s being contemplated. According to the detailed summary of the PROTECT IP Act, this addition “responds to concerns raised that search engines are part of the ecosystem that directs Internet user traffic and therefore should be part of the solution.” …
The PROTECT IP Act goes even further than forcing these intermediaries to take action after a court order; it actively encourages them to take unilateral action without any sort of court order at all. The bill summary makes clear that ad networks and payment processors will be protected if they “voluntarily cease doing business with infringing websites, outside of any court ordered action.” If a search engine decides that the next YouTube is a copyright infringer—and rightsholders have often sued sites like Veoh and YouTube in the past—it can simply cut off advertising for that reason and be immunized under the law. So can Visa.
The bill also encourages everyone—domain name registries, search engines, payment processors, and ad networks—to cut off access to infringing sites that “endanger the public health.” That is, online pharmacies (which are often hotbeds of counterfeiting).