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Law Professors Join Critics Of Antipiracy Bill Discussed At House Hearings

Publication Date: 
November 17, 2011
Source: 
The Chronicle of Higher Education - Wired Campus
Author: 
Jennifer Howard

A letter co-written by Professor Mark Lemley in regards to the Protect-IP Act is mentioned by Jennifer Howard in this Chronicle of Higher Education article in which Lemley claims the act could violate the core tenets of due process.

The controversial Stop Online Piracy Act, if enacted, would threaten due process and “the very heart of the Internet,” a group of law professors told Congress in an open letter made public on Tuesday.

More than 100 professors at law schools across the nation have signed a letter about a similar piece of legislation pending in the Senate: S. 968, the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011, or Protect-IP. In the letter circulated yesterday, the signers cite three major problems in the bill, HR 3261, known as SOPA. They say it would unfairly expand liability for online copyright infringement, allow the government to block access to Web sites that facilitate infringement, and permit private rights holders to block Web sites to host ads or conduct credit-card sales.

“Most significantly, it would do all of the above while violating our core tenets of due process,” write Mark A. Lemley of Stanford Law School, David S. Levine of the Elon University School of Law, and David Post of the Temple University School of Law. “By failing to guarantee the challenged Web sites notice or an opportunity to be heard in court before their sites are shut down, SOPA represents the most ill-advised and destructive intellectual-property legislation in recent memory.”