Chris Coons on Technology

Require websites to police for copyrighted materials.

Congressional Summary:Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act, or the PROTECT IP Act, or PIPA (in the House, Stop Online Piracy Act or SOPA) :

• Authorizes the Attorney General to seek a court order against an Internet site facilitating online piracy to require the operator to cease and desist further activities constituting copyright infringement, unauthorized trafficking of sound recordings or videos of live musical performances, or trafficking in counterfeit labels.
• Allows an intellectual property right holder harmed by a US-directed website used for infringement, to first provide a written notification identifying the site to related payment network providers and Internet advertising services requiring such entities to suspend their services.
• Requires online service providers, Internet search engines, payment network providers, and Internet advertising services, upon receiving a court order relating to an AG action, to carry out preventative measures including withholding services from an infringing website or preventing users located in the US from accessing the infringing website.

OnTheIssues Notes: SOPA and PIPA, proponents claim, would better protect electronic copyright (`IP`, or Intellectual Property). Opponents argue that SOPA and PIPA would censor the Internet. Internet users and entrepreneurs oppose the two bills; google.com and wikipedia.com held a `blackout` on Jan. 18, 2012 in protest. An alternative bill, the OPEN Act was proposed on Jan. 18 to protect intellectual property without censorship; internet businesses prefer the OPEN Act while the music and movie industries prefer SOPA and PIPA.

Strengthen infrastructure, including rail, dams, & Internet.

Expresses the sense of the Senate that Congress should:
• create jobs and support businesses while improving the nation`s global competitiveness by modernizing and strengthening our national infrastructure;
• invest resources in transportation corridors that promote commerce and reduce congestion;
• update and enhance the U.S. network of rail, dams, and ports;
• develop innovative financing mechanisms for infrastructure to leverage federal funds with private sector partners;
• invest in critical infrastructure to reduce energy waste and bolster investment in clean energy jobs and industries;
• invest in clean energy technologies that help free the United States from its dependence on oil;
• eliminate wasteful tax subsidies that promote pollution and fail to reduce our reliance on foreign oil;
• spur innovation by facilitating the development of new cutting-edge broadband internet technology and improving internet access for all Americans;
• modernize, renovate, and repair elementary and secondary school buildings in order to support improved educational outcomes;
• invest in the nation`s crumbling water infrastructure to protect public health and reduce pollution;
• upgrade and repair the nation`s system of flood protection infrastructure to protect public safety; and
• invest in U.S. infrastructure to address vulnerabilities to natural disasters and the impacts of extreme weather.

Apply copyright inheritance to same-sex couples.

Congressional Summary: Revises the definition of `widow` concerning the transfer of a copyright to an author`s spouse following the author`s death. Declares that an individual is the widow of an author if they were legally married at the time of the author`s death, even if they could not marry in their home state. (Currently, only the author`s surviving spouse under the law of the author`s domicile at the time of death is considered a widow.)

Supporters reasons for voting YEA: (by Human Rights Campaign, hrc.org): This bill would fix wording in the Copyright Act that currently prevents some same-sex couples from receiving inheritance rights. Because of restrictions in current law, some agencies--including the Copyright Office and the Social Security Administration--do not recognize same-sex couples living in states without same-sex marriage equality.

Background: (Wikipedia.com on `U.S. v. Windsor`): Edith Windsor and Thea Spyer, a same-sex couple residing in New York, were lawfully married in Canada, in 2007. Spyer died in 2009, leaving her entire estate to Windsor. Windsor sought to claim the federal estate tax exemption for surviving spouses. She was barred from doing so because the IRS said the exemption only applies to heterosexual couples under the federal Defense of Marriage Act, and compelled her to pay $363,053 in estate taxes. The Supreme Court rules 5-4 to overturn DOMA as unconstitutional. [This bill applies that Supreme Court ruling to copyright law].

Opponents reasons for voting NAY: (PopVox blog postings on H.R.238 & S.23):

• OK-3: My concern is that our government believes that just a few more laws and a few more bills and freedom will be perfected. Stop shoving immoral activity down our throats and telling us it`s normal and lawful.
• WV-1: I oppose H.R. 238 because it`s not necessary.
• KY-3: I oppose S.23 because if the spouse remarried, they aren`t a widow/widower anymore.