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Appendix
LEGISLATIVE HISTORY (COICA, PIPA AND SOPA)
I. RESOLUTION TF-01
RESOLVED, that the IPL Section supports efforts to combat Internet-based copyright and trademark
infringement by ensuring effective remedies against online infringers, counterfeiters and
facilitators of such infringement, including those who operate through the use of non-U.S.-based
web sites;
FURTHER RESOLVED, that the IPL Section urges Congress to continue efforts to expeditiously
develop and enact more effective laws to deter such online infringement;
FURTHER RESOLVED, that the IPL Section urges Congress to consult with a broad spectrum of
interests within the intellectual property and technology communities to ensure a viable legislative
solution.
NOW THEREFORE the IPL Section supports the enactment of legislation aimed at deterring
Internet-based intellectual property infringement, particularly against foreign web sites primarily
engaged in infringement of intellectual property protected under the laws of the United States, and
providing adequate governmental resources dedicated to combating such infringement.
II.
Background: COICA, PIPA, and SOPA
The Federal Government has been strategizing on ways to fight piracy, and especially online
piracy, for years. It is estimated, by various government and private sector experts, that intellectual
property thefts cost the U.S. economy over $100 billion per year. 1
The IPL Section supports bipartisan efforts in both chambers of Congress to find a solution to the
problem of online trademark counterfeiting and copyright piracy, particularly by Internet sites
registered, owned and/or operated outside of the United States, as obtaining jurisdiction over these
defendants in civil actions filed in federal courts may be impossible.
From a practical perspective, a foreign counterfeiter’s or pirate’s ability to close down its operations
in connection with one domain name and re-establish them under another domain name makes
enforcement tied to a specific domain name impractical and ineffective. Indeed, the speed with
which these counterfeiting or pirating web sites can change domains allows them to evade enforcement.
While legislation often requires refinement, compromise, and a balancing of the various interests
involved, we believe and support the general proposition that the enactment of legislation targeting
foreign websites engaged primarily in piracy or counterfeiting will further the important goal
of reducing online infringement, and can be accomplished without compromising legitimate
constitutional and public policy concerns.
Given the dramatic edits and public discussions we have seen in recent weeks to in various
versions of the bills currently proposed, we fully expect the bills to continue to evolve. The
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