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===OPEN Act:Alternative Bill to PIPA===
===OPEN Act:Alternative Bill to PIPA===
On December 17, 2011, Senator Wyden issued a press release informing the public that he created a bipartisan coalition with Senators  Jerry Moran (R-Kansas) and Maria Cantwell (D-Washinton) to sponsor an alternative bill to protect intellectual property rights that will no harm the current internet architecture. The proposed legislation will be called '''Online Protection and Enforcement of Digital Trade Act ([[OPEN]]).''' According to the Senators, OPEN will target websites that are "willfully" and "primarily" infringing on copyright materials. Violators will be subject to investigation through the International Trade Commission ([[ITC]]). The websites will only be shutdown once proven guilty. Senator Wyden said, “The OPEN act meets the same publicly-stated goals as SOPA or Protect IP without causing massive damage to the Internet. The OPEN act expands the ability of the ITC to investigate IP infringement -- providing a forum for due process without messing with the inner workings of the Internet. The same goals are met, without the collateral damage SOPA and Protect IP will leave in their wake.”'''<ref>[http://wyden.senate.gov/newsroom/press/release/?id=5034df19-5b8e-4d45-9f1f-f2c0dd8f17d4 Wyden, Moran, Cantwell Introduce IP Protection Bill that Will Not Break the Net]</ref>
On December 17, 2011, Senator Wyden issued a press release informing the public that he created a bipartisan coalition with Senators  Jerry Moran (R-Kansas) and Maria Cantwell (D-Washinton) to sponsor an alternative bill to protect intellectual property rights that will no harm the current internet architecture. The proposed legislation will be called '''Online Protection and Enforcement of Digital Trade Act ([[OPEN]]).''' According to the Senators, OPEN will target websites that are "willfully" and "primarily" infringing on copyright materials. Violators will be subject to investigation through the International Trade Commission ([[ITC]]). The websites will only be shutdown once proven guilty. Senator Wyden said, “The OPEN act meets the same publicly-stated goals as SOPA or Protect IP without causing massive damage to the Internet. The OPEN act expands the ability of the ITC to investigate IP infringement -- providing a forum for due process without messing with the inner workings of the Internet. The same goals are met, without the collateral damage SOPA and Protect IP will leave in their wake.”'''<ref>[http://wyden.senate.gov/newsroom/press/release/?id=5034df19-5b8e-4d45-9f1f-f2c0dd8f17d4 Wyden, Moran, Cantwell Introduce IP Protection Bill that Will Not Break the Net]</ref>
The Draft of the OPEN Act is available [http://www.keepthewebopen.com/assets/pdfs/OPEN.pdf here]


==References==
==References==

Revision as of 22:13, 30 December 2011


Country: USA
Website:

   [wyden.senate.gov wyden.senate.gov]

Facebook:    [Senator Ron Wyden Ron Wyden]
Twitter:    @RonWyden

Ron Wyden is one of the United States Senior Senator representing constituents from the State of Oregon. Wyden has been a Senator since 1996. He is a member of the Senate Committees on Finace, Intelligence, Aging, Budget and Energy & Natural Resources. He is the chairman of both Subcommittee on Public Lands and Forests and the Subcommittee on International Trade, Customs and Global Competitiveness. Sen. Wyden is a strong advocate for Americans' privacy rights. As Senator, he has been pushing for health care reform, energy independence, national security, consumer welfare and accountability.[1]

Personal Background

He was born Ronald Lee Wyden to Jewish parents Edith Rosenow and Peter H. Wyden on May 3, 1949 in Wichita, Kansas.[2] His parents fled the German Nazis and moved to United States and settled in Ridgefield, Connecticut in 1923. His father was a journalist and their family moved a around the country. After his parents divorced in 1960, Ron Wyden's mother moved to Palo Alto, California along with his younger brother. He grew up in Palo Alto and graduated from Palo Alto High School as a basketball superstar. [3] [4]

Senator Wyden was married to Nancy Bass Wyden on September 2005. They were blessed with twins William
 Peter 
and 
Ava 
Rose.[5] Senator Wyden's has two adult children, Adam David and Lilly Anne to his previous marriage to Nancy Oseran.[6]

Education

Senator Wyden received a basketball scholarship after graduating high school from the University of California, Sta. Barbara. He transferred to the University of Stanford where he received his Bachelor of Arts Degree in 1974. He continued his studies at the University of Oregon School of Law and graduated with a Juris Doctor degree in 1974.[7]

Early Professional Career

In 1974 after graduating from College, Senator Wyden co-founded the Oregon chapter of the advocacy group for the elderly known as the Gray Panthers and served as Co-director until 1980. He also served as Director of the Oregon Legal Services for the Elderly from 1977 to 1979. The Senator also taught Gerontology in different universities in Oregon before he started his political career.[8]

Political Career

Wyden started his political career as member of the United States House of Representatives to the 97Th Congress on January 3, 1981 at the age of 31.He first defeated Darrel Conger. He was re-elected in seven succeeding Congressional elections representing the third district of Oregon until his resignation on February 5, 1996.[9]

Following his resignation as Congressman in1996, Wyden entered the Senate race in Oregon during a special elections to fill the seat vacated by former Republican Sen. Bob Packwood who resigned before his term expired due to the unanimous decision of the Senate Ethics Committee to expel him from office because of ethical misconduct.[10] Wyden defeated Republican nominee Gordon Smith by a narrow margin 48% to 47% via first nationwide mail-in election. [11] He was sworn in as United States Senator on February 5, 1996. He was re-elected to a full term during the 1998 Senatorial race against John Lim with a large margin- 61% to 31%.[12] In 2004, he won with 63% votes against his opponent Al King’s 31% votes. [13] In 2010, he defeated Jim Huffman by 18% margin. [14]

Reputation as a Lawmaker

For more than three decades in public service, Senator Ron Wyden established a reputation as a lawmaker with an independent voice not just for his constituents in the State of Oregon but for all Americans. He is known as one of the leaders in bipartisan legislation. In every opportunity he tries to offer creative, commons sense solutions on issues that will provide great impact on the lives of people. One of his priorities as a lawmaker is Health Care Reform and he was known as one of the leading voices in the Senate to address the issue. Since 1994, he has pushing for the passage of the Healthy Americans Act through a bipartisan legislation. Senator Wyden record in Washington proves that he is willing to reach out to his fellow lawmakers to accomplish things in the Congress if necessary. According to him, “Look at my record. My record is based on the proposition that if you want to get anything done, it’s got to be bipartisan. But sometimes you have to stand alone.” [15]

Senator Wyden also worked with Republican legislators on different issues. In 1997, he collaborated with Iowa Sen. Charles Grassly for the passage of a provision in the Senate Reform Bill to scrap secret holds, which will require any senator to reveal his identity if he does not agree to a particular legislation or a nominee.The opposition should be submitted in the Congressional Record within three days. Wyden and Grassley's bi-partisan effort earned a majority vote (84-13) from their colleagues in the Senate in 2006.[16] In 2010, both Senators are again working together to end secret holds as part of the Wall Street Reform Bill.[17]

In 2009, Wyden worked with Sen. Olympia Snowe from Maine to incorporate the provision in the Recovery and Reinvestment Act of 2009 requiring financial institutions that recipients of bail-out money from Troubled Asset Relief Program (TARP) to repay the cash portion of any bonus paid in excess of $100,000 or face an excise tax of 35% if not repaid within 120 days after the enactment of the amendment.[18]

Legislative Efforts/Actions on Internet Related Issues

Internet Tax Freedom Act

Senator Ron Wyden is a strong advocate on the issue of Digital Rights for All Americans. Together with with Cong. Chris Cox, they sponsored the Internet Tax Freedom Act, which prohibits multiple, new, and technologically discriminatory taxes targeting the internet. The Internet Tax Freedom Act was signed into law by President Bill Clinton on November 2008.[19]

Internet Non-Discrimination Act of 2006

On March 2, 2006, Wyden introduced the Internet Non-Discrimination Act of 2006 (A bill to ensure and promote a free and open Internet for all Americans). The bill aims to promote internet neutrality. If enacted the bill will prevent network operators to interfere with any content or services transmitted through the network, discriminate subscribers through bandwidth allocation and charging companies for faster delivery of contents. The bill also aims to protect consumers from internet threats such as adware, viruses, spam, inappropriate and harmful materials for minors.[20] According to Wyden, his proposal is "plain and simple." He aims to keep the internet "free from discrimination at all times."[21]

Action Against COICA

Sen. Wyden strongly opposed the Combating Online Infringement and Counterfeits Act (COICA), which was proposed by Sen. Patrick Leahy on September 20, 2010. The proposed bill grants the Attorney General the power to execute in rem action against domain names "dedicated in infringing activities" even if they are located outside the United States. Once the court issues an injunction or temporary restraining order against the domain names, the registrar, registry, internet service provider (ISP), financial transaction provider or internet advertising service provider to lock or stop doing business with the domain name.[22] In a speech delivered during the Senate Committee on the Judiciary Hearing, Sen. Wyden pointed out that he supports the objective of his fellow lawmakers to go after entities who are "stealing American intellectual property." However, the senator also emphasized that any legislation should be passed without throwing the First Amendment just to punish a few violators. In addition, he enumerated six points to consider to create a legislation that will not violate the First Amendment and will not cause harm to the internet architecture. Based on his speech, these points include:[23]

  1. Don’t be hasty- Good public policy is not made on the back of a galloping horse. While both Congress and law enforcement are understandably eager to go after bad actors, both must be mindful of the precedents that they are setting in the U.S. and around the world. The law is best applied when the government’s assertions can be challenged before its actions are approved.
  2. Avoid collateral damage-Granting law enforcement broad authority to censor online content has a chilling effect on free speech. Narrowly focus law enforcement’s authority on those who are deliberately breaking the law or infringing on others’ property rights for commercial gain.
  3. Preserve Fair Use and secondary liability protections- These safeguards are fundamental to Internet commerce and explain why American companies have been so successful in the global marketplace. The network effect is such a powerful driver of commerce on the Internet that any restriction on links and referrals is a serious barrier to economic activity.
  4. Be mindful of how remedies can threaten and shape the integrity or architecture of the Internet- Decisions made today can have lasting results.
  5. Avoid taking actions that will empower foreign regimes to censor the Internet- The United States has led the world in promoting free speech; our example cannot be allowed to give authoritarian regimes any excuse to go backwards.
  6. Recognize the difference between copyright infringement and counterfeits- A one-size-fits-all approach towards trademarks and copyright may not be appropriate.

In separate statements, Wyden promised that he will do everything in his capacity to block the passage of the bill in the Senate. According to him, COICA is a "wrong medicine" to combat online copyright infringement. He further describe the bill as "bunker-busting cluster bomb" that will damage American innovation, jobs and the security of the internet.[24] The bill was never enacted.

Fight Against PIPA

On May 12, 2011, Senator Patrick Leahy introduced Protect IP ACT of 2011 (PIPA), which was supported by 40 other senators in the Senate. The provisions of the bill is similar to COICA which was introduced the previous year by Sen. Leahy. As expected, Sen. Wyden is against it and he promised to filibuster on the Senate floor, will reach out to his colleagues-both Republican and Democrats and explain to them the reasons of the widespread opposition against PIPA. The Senate is scheduled to vote for the passage of the bill on January 24, 2012.[25] [26]

OPEN Act:Alternative Bill to PIPA

On December 17, 2011, Senator Wyden issued a press release informing the public that he created a bipartisan coalition with Senators Jerry Moran (R-Kansas) and Maria Cantwell (D-Washinton) to sponsor an alternative bill to protect intellectual property rights that will no harm the current internet architecture. The proposed legislation will be called Online Protection and Enforcement of Digital Trade Act (OPEN). According to the Senators, OPEN will target websites that are "willfully" and "primarily" infringing on copyright materials. Violators will be subject to investigation through the International Trade Commission (ITC). The websites will only be shutdown once proven guilty. Senator Wyden said, “The OPEN act meets the same publicly-stated goals as SOPA or Protect IP without causing massive damage to the Internet. The OPEN act expands the ability of the ITC to investigate IP infringement -- providing a forum for due process without messing with the inner workings of the Internet. The same goals are met, without the collateral damage SOPA and Protect IP will leave in their wake.”[27]

The Draft of the OPEN Act is available here

References

  1. Meet Ron Wyden
  2. Biographical Directory of the United States Congress
  3. Ron Wyden (D-Ore.) Path to Power
  4. Palo Alto To Honor Local Boy
  5. Wyden twins head home with parents
  6. About Senator Wyden
  7. United States Senator Ron Wyden Quick Facts
  8. National Journal Almanac-Sen. Ron Wyden (D)
  9. Biographical Directory of the United States Congress
  10. Packwood Resigns
  11. Democrat Wyden Wins U.S. Senate Race in Oregon
  12. 1998 Senatorial General Election Results-Oregon
  13. 2004 Senatorial General Election Results-Oregon
  14. 2010 Senatorial General Election Results-Oregon
  15. National Journal Almanac-Sen. Ron Wyden (D)
  16. Senate Approves Wyden-Grassley Plan to Get Rid of Secret Holds
  17. Wyden, Grassley want end to secret holds as part of Wall Street reform bill
  18. Wyden-Snowe Amendment Will Recover Taxpayer Dollars Paid-Out as Wall Street Bonuses
  19. Cox and Wyden Introduce Internet Non-Discrimination Act
  20. Bill Summary and Status Internet Non-Discrimination Act
  21. Internet Non-discrimination Act of 2006
  22. CONGRESSIONAL RESEARCH SERVICE SUMMARY
  23. The Honorable Ron Wyden, Statement for the Record, U.S. Senate Committee on the Judiciary Hearing, “Targeting Websites Dedicated To Stealing American Intellectual Property”- February 16, 2011
  24. Senator Threatens to Block Online Copyright Bill
  25. Senate will vote next month on Protect IP copyright bill
  26. Wyden Delivers Floor Speech on the Motion to Proceed to Protect IP- Reaffirms his promise to filibuster the bill when it is brought to the floor in January
  27. Wyden, Moran, Cantwell Introduce IP Protection Bill that Will Not Break the Net