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Appendix
4. Miscellaneous Provisions
Section 104 of SOPA limits the extent of an intermediary’s obligations to comply with a court order
under this title. Specifically, an intermediary would only be required to act against the portion of
the web site identified in the court order. This section also precludes any civil action from being
filed against the intermediary for complying with this act.
Section 105 of SOPA provides immunity for service providers, payment network providers, Internet
advertising services, search engines, registries and registrars, for voluntarily blocking access to or
ending financial affiliation with an Internet site the intermediary reasonably believes to be a
foreign infringing site, or a site dedicated to theft of U.S. property. Such voluntary actions must be
within the intermediary’s contractual rights.
Section 105 of SOPA also provides similar immunity for intermediaries that voluntarily stop
providing, or refuse to provide services to an Internet site “that endangers the public health” by
“dealing in “misbranded” or “adulterated” prescription medication. Such action must be taken in
good faith and based on credible evidence.
5. Title II: Additional Enhancements to Combat IP Theft
Section 201 of SOPA establishes a new criminal penalty through an amendment to the Copyright
Act (17 U.S.C. § 506(a)) for unauthorized willful infringement of certain copyrighted works, inter
alia, for the “purposes of commercial advantage or private financial gain by the reproduction or
distribution . . . including by electronic means.” This section provides a number of definitions to
describe the offense, including the nature of the willful infringement, the categories of copyrighted
works covered, what constitutes a “work prepared for commercial distribution,” the threshold
economic value for satisfying the offense. The section further provides a rule of construction.
Section 202 of SOPA would amend 18 U.S.C. § 2320(a) in several significant respects. First, it adds
a criminal offense for intentionally importing, exporting, or trafficking in counterfeit drugs, or
intentionally participating in or knowingly aiding such activity. Second, it increases penalties for
violations of 18 U.S.C. § 2320 that knowingly or recklessly cause, or attempt to cause serious
bodily harm or death. In the instance of serious bodily harm, current law allows for a maximum
penalty for an individual offender of $2,000,000 and 20 years imprisonment. In the instance of
death, an individual may additionally face life imprisonment. The bill, if made law, would increase
those figures to $5,000,000 and imprisonment for “any term of years or for life,” for both serious
bodily harm and death.
This section also adds a special category pertaining to “counterfeit military goods or services.” The
new section would define a special category of such trafficking when the good or service “the use,
malfunction or failure of which is likely to cause serious bodily injury or death; disclosure of
classified information; impairment of combat operations; or other significant harm to a member of
the Armed Forces or national security. The Act further requires that the offender have knowledge
that the good or service “is falsely identified as meeting military standards or is intended for use in
a military or national security application, or law enforcement or critical infrastructure application.”
An individual, or “a person other than an individual,” convicted under this category would
face similarly severe penalties.
Section 203 enhances penalties against individuals and organization for the violation of the
existing federal economic espionage act directed at trade secret theft. Section 203 amends 18
U.S.C. § 1831(a) so as to increase penalties for individuals from 15 years to 20 years and increasing
the $500,000 to “not less than $1,000,000 and not more than $5,000,000.” For offenses
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