OPEN - latest copy of SOPA/PIPA -- gaining support

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SOPA is set to be reformulated in February. PIPA will be revisited with possible amendments in the coming weeks. Case in point, all is still open and possible — nothing is dead, pulled, or cancelled.

From PCWorld:

OPEN would give oversight to the International Trade Commission (ITC) instead of the Justice Department, focuses on foreign-based websites, includes an appeals process, and would apply only to websites that “willfully” promote copyright violation.

The bill pretends to only target foreign websites, while keeping Americans free to surf and post, but the bill’s wording is wide open to pursue American sites. Just one example: when describing an infringing site, it starts with those “that are accessed through a non-domestic domain name,” but continues in section (8)(A)(ii) for any site that “conducts business directed to residents of the United States.”

It sounds like, “in general,” copyright holders will be the ones filing complaints to the Commission, but the writing leaves it open for any complainant to file. The ITC would still have the ability to coerce payment processors and ad networks to cease funding and linking the accused in question. Who could determine “willful” infringement?

One commenter of the bill aptly noted:

‘Reasonable belief’ and ‘credible evidence’ are too vague and have the appearance of inviting highly subjective interpretation with the option for the commission and/or the provider to exercise sweeping powers with impunity.