Lawmakers offer alternative to Google-opposed piracy bill

A bipartisan group of lawmakers is circulating a proposal that would use trade laws to battle online piracy as an alternative to the controversial bills currently pending in both chambers of Congress. 

The discussion draft is authored by Sens. Maria CantwellMaria Elaine CantwellZuckerberg launches public defense of Facebook as attacks mount Overnight Energy: Trump administration issues plan to reverse limits on logging in Tongass National Forest| Democrats inch closer to issuing subpoenas for Interior, EPA records| Trump's plan to boost ethanol miffs corn groups and the fossil fuel industry Trump administration issues plan to reverse limits on logging in Tongass National Forest MORE (D-Wash.), Jerry MoranGerald (Jerry) MoranMcConnell signaling Trump trial to be quick, if it happens Overnight Defense — Presented by Huntington Ingalls Industries — Furor over White House readout of Ukraine call | Dems seize on memo in impeachment push | Senate votes to end Trump emergency | Congress gets briefing on Iran Senate again votes to end Trump emergency declaration on border wall MORE (R-Kansas), Mark WarnerMark Robert WarnerZuckerberg launches public defense of Facebook as attacks mount Senate Democrats want Warren to talk costs on 'Medicare for All' US ban on China tech giant faces uncertainty a month out MORE (D-Va.) and Ron WydenRonald (Ron) Lee WydenUS ban on China tech giant faces uncertainty a month out Hillicon Valley: GOP lawmakers offer election security measure | FTC Dem worries government is 'captured' by Big Tech | Lawmakers condemn Apple over Hong Kong censorship Lawmakers condemn Apple, Activision Blizzard over censorship of Hong Kong protesters MORE (D-Ore.) as well as Reps. Darrell Issa (R-Calif.), Zoe Lofgren (D-Calif.), Jason ChaffetzJason ChaffetzElijah Cummings, Democratic chairman and powerful Trump critic, dies at 68 House Oversight panel demands DeVos turn over personal email records The Hill's Morning Report - Presented by JUUL Labs - Trump attack on progressive Dems draws sharp rebuke MORE (R-Utah), Lloyd Doggett (D-Texas), Anna Eshoo (D-Calif.) and John Campbell (R-Calif.).

The legislation offers an alternative to the approach favored by the Stop Online Piracy Act (SOPA), which would enable the government and copyright holders to demand third parties delete links to foreign websites deemed rogue or dedicated to copyright infringement. Critics argue that bill would jeopardize free speech and impose an undue burden on Web firms. 

The draft proposal would instead authorize the International Trade Commission to investigate and issue cease-and-desist orders against foreign websites that provide pirated content or sell counterfeit goods. The ITC would have to find that the site is "primarily" and "willfully" engaged in copyright infringement to issue the order.

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Once issued the court order would compel payment providers and online advertising services to cease providing services to the offending website. The approach comports with current copyright law and hews to the "follow the money" approach favored by Google and other tech companies.

Issa previously told Hillicon that an advantage of designating a court of continued jurisdiction is that it facilitates immediate action to prevent harm to rightsholders, particularly helpful in online copyright enforcement where dozens of mirror sites with the same pirated content can spring up at once.

The proposal would also provide firms that comply with the ITC's orders with immunity. The lawmakers intend to make a draft of their legislation public in the near future to solicit feedback and input before formally introducing the legislation in the House and Senate.

The legislation is intended as an alternative to measures backed by other business groups and the entertainment industry.