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Legislative History (COICA, PIPA and SOPA)
committed by organizations, section 1831(b) of the crimes code is amended to increase the
penalty from $10,000,000 to “not more than the greater of $10,000,000 or 3 times the value of
the stolen trade secret.”
Section 204 of SOPA mandates the coordination of the Intellectual Property Enforcement Coordinator
(IPEC), the Secretaries of Treasury and Commerce, the United States Trade Representative,
the Chairman of the SEC, and the “heads of other departments and appropriate agencies,” in an
effort to identify and conduct an analysis of “notorious foreign infringers.” This research is to
culminate in an IPEC report issued to Congress addressing, primarily:
• Whether NFIs are accessing, or attempting to access U.S. capital markets for funding
• The adequacy of relying on foreign governments to pursue legal action against NFIs
• Policy recommendations to deter NFIs and encourage foreign business to adopt industry
norms respecting IP rights
Notably absent from this provision is a definition of “notorious foreign infringers.”
Section 205 of SOPA directs the Secretary of State and the Secretary of Commerce, “in consultation
with” the Register of Copyrights, to ensure that the protection of U.S. IP rights abroad is a “significant
component” of United States foreign and commercial policy. Specifically, 205 mandates the
appointment of at least one “intellectual property attaché” assigned to the United States embassy
or diplomatic mission in a country in each of six geographic regions specified in the provision
(Africa, Europe and Eurasia, East Asia and the Pacific, the Near East, South and Central Asia and
the Pacific, and the Western Hemisphere, respectively). These attachés are to be assigned to
countries where their presence will likely be most beneficial to the reduction of IP infringement
abroad, and are tasked with working with U.S. IP rightsholders and U.S. industry to advance the
protection of IP rights in their region of assignment. Additionally, section 205 directs the Intellectual
Property Enforcement Coordinator to submit an annual report regarding the activities of all
intellectual property attachés serving abroad.
6. Public Comments in Support/Opposed to SOPA
a) Statements in Support
Since SOPA was introduced, the bill has been widely praised in some quarters, and strongly
criticized in others. The bill has received strong bipartisan support in the House. Additionally, in a
joint statement, the Motion Picture Association of America, Independent Film and Television
Alliance, National Association of Theatre Owners and Deluxe applaud the bill’s sponsors for
“reaching across the aisle to craft balanced IP enforcement legislation that targets rogue websites
and illegal streaming.” 27 Similarly, U.S. Chamber of Commerce president and CEO Thomas J.
Donohue commends the bill’s cosponsors for “standing up to mass theft of American intellectual
property.” 28 The National Music Publishers’ Association urges the House to “move this important
bill forward soon.” 29 The Screen Actors’ Guild joined together with the American Federation of
Musicians, the American Federation of Television and Radio Artists, Directors’ Guild of America,
International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and
Allied Crafts of the United States, its Territories and Canada, the International Brotherhood of
Teamsters and issued a joint statement confirming their support of the bill.
ASOP, the Alliance for Safe Online Pharmacies, announced its support of the bill on October 31. 30
ASOP’s members include the American Pharmacists Association, Eli Lilly and Company,
LegitScript, Merck, the National Association of Chain Drug Stores, and the Partnership at
Drugfree.org.
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