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November 15, 2011

The Honorable Pat Leahy


Chairman
Committee on the |udiciary
United States Senate
Washington, DC 20510

The Honorable Chuck Crassley
Ranking Member
Committee on the |udiciary
United States Senate
Washington, DC 20510

The Honorable Lamar Smith
Chairman
Committee on the |udiciary
House of Representatives
Washington, DC 20515

The Honorable |ohn Conyers, |r.
Ranking Member
Committee on the |udiciary
House of Representatives
Washington, DC 20515


Dear Chairman Leahy, Ranking Member Crassley, Chairman Smith and Ranking Member Conyers:
The undersigned nternet and technology companies write to express our concern with legislative
measures that have been introduced in the United States Senate and United States House of
Representatives, S. 968 (the "PROTECT P Act") and H.R. 3261 (the "Stop Online Piracy Act").
We support the bills' stated goals -- providing additional enforcement tools to combat foreign "rogue"
websites that are dedicated to copyright infringement or counterfeiting. Unfortunately, the bills as
drafted would expose law-abiding U.S. nternet and technology companies to new uncertain liabilities,
private rights of action, and technology mandates that would require monitoring of web sites. We
are concerned that these measures pose a serious risk to our industry's continued track record of
innovation and |ob-creation, as well as to our Nation's cybersecurity. We cannot support these bills as
written and ask that you consider more targeted ways to combat foreign "rogue" websites dedicated
to copyright infringement and trademark counterfeiting, while preserving the innovation and
dynamism that has made the nternet such an important driver of economic growth and |ob creation.
One issue merits special attention. We are very concerned that the bills as written would seriously
undermine the eective mechanism Congress enacted in the Digital Millenium Copyright Act (DMCA)
to provide a safe harbor for nternet companies that act in good faith to remove infringing content
from their sites. Since their enactment in 1998, the DMCA's safe harbor provisions for online service
providers have been a cornerstone of the U.S. nternet and technology industry's growth and
success. While we work together to nd additional ways to target foreign rogue sites, we should not
|eopardize a foundational structure that has worked for content owners and nternet companies alike
and provides certainty to innovators with new ideas for how people create, nd, discuss, and share
information lawfully online.
We are proud to be part of an industry that has been crucial to U.S. economic growth and |ob
creation. A recent McKinsey Clobal nstitute report found that the nternet accounts for 3.4 percent of
CDP in the 13 countries that McKinsey studied, and, in the U.S., the nternet's contribution to CDP is
even larger. f nternet consumption and expenditure were a sector, its contribution to CDP would be
greater than energy, agriculture, communication, mining, or utilities. n addition, the nternet industry
has increased productivity for small and medium-sized businesses by 10%. We urge you not to risk
either this success or the tremendous benets the nternet has brought to hundreds of millions of
Americans and people around the world.
We stand ready to work with the Congress to develop targeted solutions to address the problem of
foreign "rogue" websites.
Thank you in advance for your consideration.
AOL nc.
eBay nc.
Facebook nc.
Coogle nc.
Linkedn Corporation
Mozilla Corp.
Twitter, nc.
Yahoo! nc.
Zynga Came Network

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