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ASNE issues letter opposing 'onerous' federal anti-piracy bill

The Stop Online Piracy Act, which is likely to be voted on by the House Judiciary Committee tomorrow, would violate the constitutional rights of free speech and due process, and stifle innovation in the news business, according to a letter sent today by ASNE to members of the committee (PDF). The bill is intended to provide U.S.-based copyright owners with the ability to combat online piracy, but it goes well beyond that and threatens domestic news organizations and other legitimate websites, according to the letter.

The Stop Online Piracy Act, which is likely to be voted on by the House Judiciary Committee tomorrow, would violate the constitutional rights of free speech and due process, and stifle innovation in the news business, according to a letter sent today by ASNE to members of the committee (PDF). The bill is intended to provide U.S.-based copyright owners with the ability to combat online piracy, but it goes well beyond that and threatens domestic news organizations and other legitimate websites, according to the letter.

SOPA authorizes the Department of Justice to require U.S.-based websites to block access to foreign sites that facilitate copyright or trademark infringement. It also allows the government to take action against domestic websites that don't comply with the department's orders. Finally, it allows any private copyright holder to simply allege that a website is engaged in “dedicated theft of property” to secure an order requiring payment and advertising networks to stop processing transactions for the infringing site.

According to ASNE counsel, the bill would force Internet service providers and search engines to be the new gatekeepers of online content, especially content emanating from outside the U.S.; and it would significantly restrict the growth of social media and websites incorporating user-generated content. In this respect, it is inconsistent with the approach of the Digital Millennium Copyright Act (DMCA), which shields intermediaries from liability for infringing content posted by third parties. It also diverges from the DMCA, which is designed to combat online piracy through a narrow, infringement-by-infringement process, in its scope.

ASNE's letter makes it clear that we strongly oppose content piracy and support the committee's efforts to eradicate it. But SOPA in its present form “allows individual copyright owners to effect the most onerous restriction on speech — the prior restraint — with little evidence and virtually no due process, utilizing vague and overbroad definitions in the process,” says the letter, signed by ASNE President Ken Paulson.

“Navigating the balance between copyright and free speech demands precision, and in seeking to protect the interests of copyright holders, the First Amendment requires Congress to adopt the least restrictive intrusion on speech available,” ASNE tells the committee. “SOPA fails this test.”

SOPA is supported by organizations representing copyright holders, like the Motion Picture Association of America and the Recording Industry Association of America. Technology companies like Google, Facebook and Twitter oppose it. ASNE appears to be the first media organization to officially oppose the bill.

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