| Summary: | 碩士 === 南台科技大學 === 財經法律研究所 === 101 === The Stop Online Piracy Act (SOPA) was introduced in the U.S. House of Representatives on October 26, 2011 to expand the U.S. law enforcement to combat online intellectual property infringement, trafficking in counterfeit goods, and the websites out of U.S. jurisdiction which are accused of enabling or facilitating copyright infringement.
The SOPA authorizes the Attorney General, as well as copyright holders, to resort to court orders against the overseas websites which are reasonably believed to commit copyright infringements or dedicated to theft of U.S. property. The Act establishes a two-step process for copyright holders, whose property or rights have been violated, to seek an injunctive relief to restrict those lawbreaking websites. The Notice-and-Termination procedure, requiring third-parties, includes the payment network providers and Internet advertising services that to cease and desist from such sites.
The SOPA may be well-intentioned, but opposed by the public, civil liberty groups, Internet social networks, and Internet technology companies. The opponents express the concern that such a legislation proposal would threaten the right to the freedom of speech and the right to privacy under the U.S. Constitution. This study has not only described the whole context of this controversial process, including the legislative background and provisions of the SOPA, but also elaborated further on the foreseeable influence upon Taiwan’s legal system in the future.
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