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The PROTECT IP Act (Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act, or PIPA) was a proposed law with the stated goal of giving the US government and copyright holders additional tools to curb access to "rogue websites dedicated to the sale of infringing or counterfeit goods", especially those registered outside the U.S. The bill was introduced on May 12, 2011, by Senator Patrick Leahy (D-VT) and 11 bipartisan co-sponsors.〔(【引用サイトリンク】url=http://www.govtrack.us/congress/bill.xpd?bill=s112-968 )〕 The Congressional Budget Office estimated that implementation of the bill would cost the federal government $47 million through 2016, to cover enforcement costs and the hiring and training of 22 new special agents and 26 support staff.〔(CBO Scores PROTECT IP Act ); The Hill; August 19, 2011〕 The Senate Judiciary Committee passed the bill, but Senator Ron Wyden (D-OR) placed a hold on it. The PROTECT IP Act is a re-write of the Combating Online Infringement and Counterfeits Act (COICA), which failed to pass in 2010. A similar House version of the bill, the Stop Online Piracy Act (SOPA), was introduced on October 26, 2011.〔(Stop Online Piracy Act ), 112th Cong., October 26, 2011. Retrieved November 7, 2011.〕 In the wake of online protests held on January 18, 2012, Senate Majority Leader Harry Reid announced that a vote on the bill would be postponed until issues raised about the bill were resolved.〔Stephanie Condon (January 20, 2012), ("PIPA, SOPA put on hold in wake of protests" ) ''CBS News''〕 ==Content== The bill defines infringement as distribution of illegal copies, counterfeit goods, or anti-digital rights management technology. Infringement exists if "facts or circumstances suggest (site ) is used, primarily as a means for engaging in, enabling, or facilitating the activities described."〔(【引用サイトリンク】title=Bill Text – PROTECT IP Act )〕 The bill says that it does not alter existing substantive trademark or copyright law.〔See (PROTECT IP Act of 2011, S. 968, 112th Cong. § 6 ); "Text of S. 968," Govtrack.us. May 26, 2011. Retrieved June 23, 2011.〕 The bill provides for "enhancing enforcement against rogue websites operated and registered overseas" and authorizes the United States Department of Justice to seek a court order ''in rem'' against websites dedicated to infringing activities, if through due diligence, an individual owner or operator cannot be located.〔(PROTECT IP Act of 2011, S. 968, 112th Cong. § 3(b)(1) ); “Text of S. 968,” Govtrack.us. May 26, 2011. Retrieved June 23, 2011.〕 The bill requires the Attorney General to serve notice to the defendant.〔(PROTECT IP Act of 2011, S. 968, 112th Cong. § 3(c)(1) ); “Text of S. 968,” Govtrack.us. May 26, 2011. Retrieved June 23, 2011.〕 Once the court issues an order, it could be served on financial transaction providers, Internet advertising services, Internet service providers, and information location tools to require them to stop financial transactions with the rogue site and remove links to it.〔PROTECT IP Act of 2011, S. 968, 112th Cong. § 3(d)(2); @Text of S. 968,@ Govtrack.us. May 26, 2011. Retrieved June 23, 2011.〕 The term "information location tool" is borrowed from the Digital Millennium Copyright Act and is understood to refer to search engines but could cover other sites that link to content.〔17 U.S.C. § 512 (d).〕 Nonauthoritative domain name servers would be ordered to take technically feasible and reasonable steps to prevent the domain name from resolving to the IP address of a website that had been found by the court to be "dedicated to infringing activities."〔PROTECT IP Act of 2011, S. 968, 112th Cong. § 3(d)(2)(A)(i); "Text of S. 968,@ Govtrack.us. May 26, 2011. Retrieved June 23, 2011.〕 The website could still be reached by its IP address, but links or users that used the website’s domain name would not reach it. Search engines—such as Google—would be ordered to "(i) remove or disable access to the Internet site associated with the domain name set forth in the () order; or (ii) not serve a hypertext link to such Internet site."〔PROTECT IP Act of 2011, S. 968, 112th Cong. § 3(d)(2)(D); "Text of S. 968," Govtrack.us. May 26, 2011. Retrieved June 23, 2011.〕 Trademark and copyright holders who have been harmed by the activities of a website dedicated to infringing activities would be able to apply for a court injunction against the domain name to compel financial transaction providers and Internet advertising services to stop processing transactions to and placing ads on the website but would not be able to obtain the domain name remedies available to the Attorney General.〔PROTECT IP Act of 2011, S. 968, 112th Cong. § 4(d)(2); "Text of S. 968," Govtrack.us. May 26, 2011. Retrieved June 23, 2011.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「PROTECT IP Act」の詳細全文を読む スポンサード リンク
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