Source: EFFCorynne Mcsherry
As promised, here’s the first installment of our closer review of the massive piece of job-killing Internet regulation that is the Stop Online Piracy Act.
We’ll start with how it could impact Twitter, Tumblr, and the next
innovative social network, cloud computing, or web hosting service that
some smart kid is designing in her garage right now.
Let’s make one thing clear from the get-go: despite
all the talk about this bill being directed only toward “rogue” foreign
sites, there is no question that it targets US companies as well. The
bill sets up a system to punish sites allegedly “dedicated to the theft
of US property.” How do you get that label? Doesn’t take much: Some portion of your site (even a single page) must
- be directed toward the US, and either
- allegedly “engage in, enable or facilitate” infringement or
- allegedly be taking or have taken steps to “avoid confirming a high probability” of infringement.
If an IP rightsholder (vaguely defined – could be Justin Bieber worried about his publicity rights)
thinks you meet the criteria and that it is in some way harmed, it can
send a notice claiming as much to the payment processors (Visa,
Mastercard, Paypal etc.) and ad services you rely on.
