With more and more companies and individuals coming out against the Stop Online Piracy Act (SOPA), the author of the Senate version on Thursday promised to study how his bill might affect the Domain Name System (DNS).
SOPA, currently being considered in the House, and the PROTECT IP Act (PIPA), which is making its way through the Senate, both go after so-called "rogue" overseas Web sites that traffic in counterfeit goods—from fake handbags to prescription drugs. The bills would allow the Justice Department to get a court order to shut down these sites and strike them from search engines. Detractors, however, argue that the bills are too broad and far-reaching, and could have unintended consequences on legitimate, U.S.-based Web sites.
Sen. Patrick Leahy, a Vermont Democrat and author of PIPA, said on Thursday that he is prepping an amendment to the bill that would require a study into the effects of the bill before it is implemented.
"Through this process, [I] have continued to hear concerns about the Domain Name provision from engineers, human rights groups, and others," Leahy said. "I remain confident that the ISPs—including the cable industry, which is the largest association of ISPs—would not support the legislation if its enactment created the problems that opponents of this provision suggest. Nonetheless, this is in fact a highly technical issue, and I am prepared to recommend we give it more study before implementing it."
While one might argue that it would be best to figure out the ramifications of a bill before voting it into law, Sen. Leahy said the major issues that SOPA and PIPA would address must be addressed as soon as possible. The study, Leahy argued, will allow lawmakers to "focus on the other important provisions in this bill, which are essential to protecting American intellectual property online, and the American jobs that are tied to intellectual property."
Leahy said he "regrets" that law enforcement does not currently have tools to stop rogue Web sites. Despite the concerns, PIPA "remains a strong and balanced approach to protecting intellectual property through a no-fault, no-liability system that leverages the most relevant players in the Internet ecosystem," Leahy said.
Meanwhile, the author of SOPA, Rep. Lamar Smith, told Reuters that he was amazed by the opposition to his bill and vowed to continue on.
"It is amazing to me that the opponents apparently don't want to protect American consumers and businesses," Rep. Smith, a Texas Republican, told Reuters.
Smith questioned whether detractors are benefiting from having these rogue Web sites online. "If they do, they need to be stopped. And I don't mind taking that on," he said.
Rep. Smith already introduced a "manager's amendment" to SOPA that addressed some of the concerns about allowing individuals to request Web site takedowns, but that did not appease the bill's opponents.
That includes Reddit, which is planning to shut down its Web site on Jan. 18 in protest of SOPA. That same day, Alexis Ohanian, co-founder of Reddit.com, will appear at a hearing on Capitol Hill that will address security concerns surrounding the DNS.
That hearing was spearheaded by Rep. Darrell Issa, who has been a vocal opponent of SOPA. Issa, along with Sen. Ron Wyden, is pushing alternative legislation, dubbed the OPEN Act, which would require the International Trade Commission (ITC) to handle rogue Web site issues instead of the Justice Department.
When asked if this was feasible, an ITC spokeswoman said "as a practice, the Commission does not comment publicly on legislative proposals. The Commission is aware of the OPEN Act, but in keeping with our practice, we will not have any comment."
Issa, a California Republican, and Wyden, an Oregon Democrat, were at the Consumer Electronics Show this week to speak out against SOPA/PIPA and push the OPEN Act.
The Senate is scheduled to take up PIPA on Jan. 24, and Wyden pledged to take to the floor to battle its passage. The House Judiciary Committee will also likely take up SOPA at some point in the coming weeks, but it is not yet on the official schedule.