i2Coalition Sends Letter Addressing Misuse of Super 301 Process
Friday we submitted a comment in the form of a letter for the 2016 Special 301 Out of Cycle Review of Notorious Markets (Docket No. USTR-2016-2013). These comments were requested by the U.S. Trade Representative (USTR) on August 25, 2016
The Special 301 Report, as well as the Notorious Markets List, were created to identify specific markets facilitating IP and copyright infringement. The letter details the i2Coalition’s opposition to the trend of using the Special 301 process to attempt to restrict technology innovation rather than identifying individual markets, as was intended by Congress. Certain submissions vilify specific technologies and reflect erroneous interpretations of the formal obligations of domain name registrars. These submissions suggest that Internet infrastructure providers should act as intermediaries in complicated intellectual property disputes, sidelining the role of the judiciary while minimizing impacts on legitimate businesses. The i2Coalition firmly believes that the Special 301 process should not be used in this manner. Rather than it should continue its focus on those discrete markets engaged in clear-cut intellectual property infringement. Our public comment on the matter reflects these opinions to the USTR.
“The role of the i2Coalition, first and foremost, is to explain the industry to legislators on matters just like this. Our role as intermediaries is one of the most important things that i2c protects and preserves.” – Christian Dawson, i2Coalition Founder, Executive Director.
“Submissions for the past two “notorious markets” reports have included broad characterizations of widely accepted, and legitimate, technologies as “notorious.” In our submission, we reject this approach, and encourage the U.S. Trade Representative to continue to focus the process on specific, individual markets.” – David Snead, i2Coalition Founder, Board & Policy Chairman.
We submitted a comment in the form of a letter for the 2016 Special 301 Out of Cycle Review of Notorious Markets.