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 CantwellFAA nominee advances to full Senate vote Women lawmakers to play in Congressional Baseball Game following Title IX anniversary Hillicon Valley: Democratic state AGs sue to block T-Mobile-Sprint merger | House kicks off tech antitrust probe | Maine law shakes up privacy debate | Senators ask McConnell to bring net neutrality to a vote MORE (D-Wash.), Jerry MoranGerald (Jerry) MoranEpstein charges show Congress must act to protect children from abuse Bottom Line Senate GOP raises concerns about White House stopgap plan to avoid shutdown MORE (R-Kansas), Mark WarnerMark Robert WarnerTop Democrats demand security assessment of Trump properties Senate passes bill making hacking voting systems a federal crime Senators unload on Facebook cryptocurrency at hearing MORE (D-Va.) and Ron WydenRonald (Ron) Lee WydenHillicon Valley: Twitter says Trump 'go back' tweet didn't violate rules | Unions back protests targeting Amazon 'Prime Day' | Mnuchin voices 'serious concerns' about Facebook crypto project | Congress mobilizes on cyber threats to electric grid Top Democrat demands answers on election equipment vulnerabilities Advocates frustrated over pace of drug price reform MORE (D-Ore.) as well as Reps. Darrell Issa (R-Calif.), Zoe Lofgren (D-Calif.), Jason ChaffetzJason ChaffetzHouse 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 GOP senators decline to criticize Acosta after new Epstein charges 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.