US Senators Introduce SMART Copyright Act To Combat Piracy

An anonymous reader quotes a report from TorrentFreak: U.S. Senators Thom Tillis and Patrick Leahy have introduced the SMART Copyright Act of 2022. The bill requires online hosting services to implement standard technical protection measures, designated by the Copyright Office. The general idea is to grant the Copyright Office the power to designate standard technical protection measures to be implemented by online hosting platforms. These STMs can be tailored to specific niches such as audio and video, which offers much more flexibility than the current regime under the DMCA. In short, the bill will give the government more tools to facilitate and encourage the implementation of anti-piracy mechanisms, while allowing online services to keep their safe harbors. The full text of the bill provides more details on how the approval process of a proposed protection measure works. In addition to hearing stakeholders, experts, and the public, the designated protection measures have to be weighed on factors such as cost and availability. They shouldn't create any major burdens for online services. Similarly, the rights of the public are taken into account as well. This includes the impact a technical measure may have on privacy and data protection, as well as on free speech issues such as criticism and news. Finally, it is worth noting that online services will be able to appeal officially designated protection measures in court. In addition, they can also choose not to implement them. However, that opens the door to lawsuits from copyright holders. The statutory damages amounts for services that fail to implement the designated technical protection measures are capped at $150,000 for a single violation, but that number can shoot up for repeat offenders. [...] Rightsholders see the proposal as a great step forward to protect creators, while opponents classify it as a filtering tool that will censor free speech.

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