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Chapter 4
47. Combating Online Infringement and Counterfeits Act (“COICA”) (S. 3804—111th Cong.); see also
Report by Sen. Judiciary Committee, S. Rep. No. 111-373 (released Dec. 17, 2010) (http://www.gpo.gov/fdsys/
pkg/CRPT-111srpt373/pdf/CRPT-111srpt373.pdf). The bill did not pass before the 111th Congress concluded,
and thus is no longer pending. See http://hdl.loc.gov/loc.uscongress/legislation.111s3804.
48. Congressional Record, Hatch, S.7210.
49. COICA §(2)(b).
50. COICA §(2)(g)(2).
51. While the term “Internet intermediary” cannot be found in the text of COICA, an Internet intermediary is
generally understood as a service that facilitates transactions or sharing of information between third-parties on
the Internet.
52. COICA somewhat clumsily uses the term “Internet Service Provider” broadly as it is understood in
section 512(k)(1) of Title 17, when the bill appears to have intended, based on the obligations imposed, to refer
to a subset of such ISPs, namely operators of non-authoritative domain name system servers. PIPA and SOPA
are more explicit in this regard.
53. COICA §(2)(j).
54. Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011
(“PROTECT IP Act” or “PIPA”) (S. 968–112th Cong.) was introduced on May 12, 2011. Sen. Leahy released a
report (S. Rep. 112-39) on July 22, 2011 explaining the basis for the PROTECT IP Act: http://www.gpo.gov/
fdsys/pkg/CRPT-112srpt39/pdf/CRPT-112srpt39.pdf. The bill did not pass before the 112th Congress concluded,
and thus is no longer pending. See http://thomas.loc.gov/cgi-bin/bdquery/z?d112:s.968:.
55. PIPA §§3(a)(1) and (2).
56. PIPA defined “operator” as an operator of a nonauthoritative domain name system server. PIPA
§3(d)(2)(A). The primary target of the definition was internet access providers or “ISPs” in common parlance,
although domain name registrars that operate domain name servers like GoDaddy would also count as “operators”.
By contrast, domain name registries like VeriSign operate authoritative domain name servers.
57. PIPA §3(d)(2).
58. PIPA §3(d)(2)(D).
59. PIPA §§4(a)(1)(A) and (a)(2).
60. PIPA §3(d)(1) and (2).
61. Statement of Maria Pallante, Register of Copyrights, Before the Committee on the Judiciary, U.S. House
of Representatives, 112th Congress, 1st Session, “H.R. 3261, the ‘Stop Online Piracy Act” (Nov. 16, 2011)
(available at http://judiciary.house.gov/_files/hearings/pdf/Pallante%2011162011.pdf).
62. Stop Online Piracy Act (SOPA) (H.R. 3261–112th Cong.) was introduced on October 26, 2011. The
bill did not pass before the 112th Congress concluded, and thus is no longer pending. See http://hdl.loc.gov/
loc.uscongress/legislation.112hr3261.
63. Among the differences, SOPA allowed targeting of subdomains in search remedies, and its siteblocking
requirement focused on generally preventing access by US subscribers to the foreign infringing site,
whereas PIPA required ISPs specifically to prevent the site’s domain name from resolving to the site’s IP
address. See SOPA §102(c)(2), cf. PIPA §3(d)(2).
64. SOPA §102(b)(5).
65. Service Provider” replaced “Operator,” “Payment Network Provider” replaced “Financial Transaction
Provider,” and “Internet Search Engines” replaced “Information Location Tools.” The SOPA definitions were
coextensive with those in PIPA. The term “Internet Advertising Service” was used in both SOPA and PIPA. See
SOPA §102(c)(2).
66. Online Protection and Enforcement of Digital Trade Act (“OPEN Act”) (S. 2029 and H.R. 3782—112th
Cong.) was introduced by the Senate on Dec. 17, 2011 and by the House on January 18, 2012. Current status:
http://hdl.loc.gov/loc.uscongress/legislation.112s2029 (Senate version) and http://hdl.loc.gov/loc.uscongress/
legislation.112hr3782 (House version). Original version published on the Internet for public comment can be
found here: http://keepthewebopen.com/open.
67. “Fighting Unauthorized Trade of Digital Goods While Protecting Internet Security, Commerce and
Speech” (undated) (available at http://www.wyden.senate.gov/imo/media/doc/Draft-Discussion-Fighting-the-
Unauthorized-Trade-of-Digital-Goods.pdf).
68. OPEN Act §337A(a)(8)(C).
69. Id. §337A (i).
70. OPEN Act §337A (g) (1) (A) and (B).
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