The Association for Competitive Technology has long supported the protection of intellectual property as a critical element of small business. Representing over 4,000 small business software developers we understand the damage that piracy poses to the innovation economy and recognize the role that government and industry must play in stopping it.  However, ACT’s membership of tech startups is concerned that proposed remedies could create uncertainty that will limit their ability to attract funding and create jobs.  Therefore, ACT calls upon Congress to adopt five changes to SOPA to clarify the intent of the legislation and provide needed safeguards to protect innovation and free speech.

ACT also acknowledges the contribution of Senator Wyden and Congressman Issa to this debate.  Their draft proposal provides a novel approach to the problem of rogue websites and we look forward to seeing how it evolves.  Currently, however, this is an incomplete product which also raises significant concerns in its present form.

Protecting our nation’s consumers from foreign rogue websites does not have to come at the expense of the innovative tech firms that drive economic growth. We at the Association for Competitive Technology and the thousands of companies we represent look forward to working with Congress to find focused and effective solutions.

The full text of the letter below.

Dear Chairman Smith:

I write on behalf of ACT’s 4,000 small business software developers who rely upon intellectual property.  Like you, our members understand the damage that piracy poses to small businesses in the innovation economy, and we understand the role that government and industry plays in stopping this destructive force.

ACT’s membership of tech startups is also concerned that proposed remedies could create uncertainty that will limit their ability to attract funding and create jobs.  Therefore, with the pending markup in mind, ACT urges you to adopt five changes to the H.R. 3261 that will clarify the intent of the legislation and provide needed safeguards to protect innovation and free speech.

1.     Protect Due Process: Allow intermediaries to ignore notices pending adjudication rather than mandating that websites should be blocked without a hearing.
2.     Prevent Tech Mandates: Clarify the law to prevent a judicial mandate of specific technological measures to block internet access.
3.  Preserve Sub-domains: Clarify that intermediaries should be able to block at subdomain level, but only when absolutely necessary.
4.     Protect Internet Security & Stability: Ensure that any consumer messages resulting from blocking websites preserve security mechanisms of DNSSEC.
5.     Eliminate Uncertainty for Startups: Ensure that existing DMCA safe harbors are not impacted.

While we are seeking these changes from Congress, we recognize that the tech community also bears significant responsibility to fix this problem.  Accordingly, ACT calls on industry leaders to undertake additional measures to stop the flow of foreign counterfeit goods endangering our children, compromising our safety and costing American jobs.

The Association for Competitive Technology and the thousands of companies we represent look forward to working with your office to find focused and effective solutions to the problem of online piracy while protecting free speech and innovation.

Sincerely:

Jonathan Zuck

UPDATE:

The Committee has just released the text of the Manager’s Amendment.  ACT is currently reviewing the document and will soon provide updated analysis.