Amidst today's Web blackouts, Rep. Darrell Issa formally introduced his SOPA/PIPA alternative, dubbed the OPEN Act.
The bill would call on the International Trade Commission (ITC) to handle overseas "rogue" Web sites rather than the Justice Department.
The bill, H.R. 3782, would allow the ITC to cut off funding from sites found to be trafficking in counterfeit goods, from purses and prescription drugs to DVDs and MP3s.
"OPEN is a targeted, effective solution to the problem of foreign, rogue Web sites stealing from American artists and innovators," Issa, a California Republican, said in a statement. "Today's Internet blackout has underscored the flawed approach taken by SOPA and PIPA to the real problem of intellectual property infringement. OPEN is a smarter way to protect taxpayers' rights while protecting the Internet."
The Stop Online Piracy Act (SOPA) and the PROTECT IP Act (PIPA) have faced criticism from opponents who fear that the measures will target legitimate Web sites and stifle innovation. As a result, many sites went dark today in protest of SOPA and PIPA, including Wikipedia, Reddit, and Mozilla, while companies like Google and Facebook also voiced their concern.
SOPA sponsor Rep. Lamar Smith, however, said that Issa's bill won't stop online piracy.
"Illegal counterfeiting and piracy costs the U.S. economy $100 billion and thousands of jobs every year. The Wyden-Issa OPEN Act does not do enough to combat online piracy, and may make the problem worse," Smith said in a statement. "The OPEN Act makes the Internet even more open to foreign thieves that steal America's technology and intellectual property without protecting U.S. businesses and consumers. The bill is not an effective tool for combating online intellectual property theft. The proposal amounts to a safe harbor for foreign criminals who steal American technology, products and intellectual property."
In the wake of today's protests, some members of Congress have dropped their support for SOPA and PIPA, including Sen. Marco Rubio, a Florida Republican. When asked about losing that support, Smith said "I realize some people are nervous because of misinformation about this bill, but I am confident that ultimately the facts will overcome fears."
The recording and motion picture associations, which strongly support SOPA and PIPA, are unlikely to align themselves with the OPEN Act. Earlier this month, the Recording Industry Association of America (RIAA) criticized the ITC for moving slowly on key cases, particularly an Apple-Research in Motion case that took 33 months.
"SOPA was introduced to address the devastating and immediate impact of foreign rogue sites dealing in infringing and counterfeiting works and products. Every day that these sites operate without recourse can mean millions of dollars lost to American companies, employees, and economy, and an ongoing threat to the security and safety of our citizens," Mitch Glazier, senior executive vice president at the RIAA, said in a statement. "Why in the world would we shift enforcement against these sites from the Department of Justice and others who are well-versed in these issues to the ITC, which focuses on patents and clearly does not operate on the short time frame necessary to be effective? In addition, the remedy traditionally offered by the ITC—an exclusion order to prevent foreign criminals from accessing the US market—is precluded under the OPEN Act."
For more, see the Top 5 Objections to SOPA, PIPA and PCMag analysts' take on the bills, as well as the slideshow below, which features screen shots from Web sites that are participating in today's blackout.