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House Resolution 3261, Stop Online Piracy Act (SOPA)

Published October 26, 2011

U.S. Representative Lamar Smith introduced the Stop Online Piracy Act (SOPA) on October 26, 2011; the Senate proposed a related bill, PROTECT IP Act (PIPA). SOPA's full title states that its aim is "to promote prosperity, creativity, entrepreneurship, and innovation by combating the theft of U.S. property, and for other purposes." Opponents of the bills state that they will restrict free speech, innovation, and access to online information and proposed Online Protection and Enforcement of Digital Trade Act (OPEN Act). In 2013, the House introduced Cyber Intelligence Sharing and Protection Act (CISPA).

From the table of contents:

To promote prosperity, creativity, entrepreneurship, and innovation by combating the theft of U.S. property, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the 'Stop Online Piracy Act'.

(b) Table of Contents- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Savings and severability clauses.

TITLE I--COMBATING ONLINE PIRACY

Sec. 101. Definitions.

Sec. 102. Action by Attorney General to protect U.S. customers and prevent U.S. support of foreign infringing sites.

Sec. 103. Market-based system to protect U.S. customers and prevent U.S. funding of sites dedicated to theft of U.S. property.

Sec. 104. Immunity for taking voluntary action against sites dedicated to theft of U.S. property.

Sec. 105. Immunity for taking voluntary action against sites that endanger public health.

Sec. 106. Guidelines and study.

Sec. 107. Denying U.S. capital to notorious foreign infringers.

TITLE II--ADDITIONAL ENHANCEMENTS TO COMBAT INTELLECTUAL PROPERTY THEFT

Sec. 201. Streaming of copyrighted works in violation of criminal law.

Sec. 202. Trafficking in inherently dangerous goods or services.

Sec. 203. Protecting U.S. businesses from foreign and economic espionage.

Sec. 204. Amendments to sentencing guidelines.

Sec. 205. Defending intellectual property rights abroad.

SEC. 2. SAVINGS AND SEVERABILITY CLAUSES.

(a) Savings Clauses-

(1) FIRST AMENDMENT- Nothing in this Act shall be construed to impose a prior restraint on free speech or the press protected under the 1st Amendment to the Constitution.

(2) TITLE 17 LIABILITY- Nothing in title I shall be construed to enlarge or diminish liability, including vicarious or contributory liability, for any cause of action available under title 17, United States Code, including any limitations on liability under such title.

(b) Severability- If any provision of this Act, or the application of the provision to any person or circumstance, is held to be unconstitutional, the other provisions or the application of the provision to other persons or circumstances shall not be affected thereby.

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