CDT supports the goal of reducing online infringement. Large-scale copyright infringement undermines First Amendment values in promoting expression and threatens the growth of new media and e-commerce. With respect to the particular focus of this hearing, CDT recognizes that there are websites whose main purpose and activity is to enable and promote infringement. These sites are true “bad actors” and they deserve to be the target of law enforcement.
CDT believes, however, that the specific means chosen to address infringement matter a great deal. Some tactics may be attractive from a copyright protection perspective, but would carry significant costs to important values such as innovation and free speech. CDT urges members of this Subcommittee to be aware of this risk and to carefully avoid tactics that would impair lawful Internet-based media and communications tools that are of growing value to consumers, the economy, and society in general.