SOPA doesn’t apply to foreign sites only, as NBCUniversal General Counsel claims
Richard Cotton, the General Counsel of NBC Universal, was on MSNBC yesterday saying that SOPA only applies to foreign internet sites. He says categorically that no US internet site would be affected.
Laurence Tribe, a professor of constitutional law at Harvard Law School, disagrees:
Although SOPA’s supporters have described the bill as directed at “foreign rogue websites,” the definitions in the bill are not in fact limited to foreign sites.
When you look at the definitions of the SOPA bill, a “domestic internet site” is defined as follows:
The term `domestic Internet site’ means an Internet site for which the corresponding domain name or, if there is no domain name, the corresponding Internet Protocol address, is a domestic domain name or domestic Internet Protocol address.
A “domestic domain name” is defined as:
The term `domestic domain name’ means a domain name that is registered or assigned by a domain name registrar, domain name registry, or other domain name registration authority, that is located within a judicial district of the United States.
So, a US corporation whose internet domain name was registered with a foreign domain name registrar would not count as a domestic site. A foreign internet site is defined as follows:
The term `foreign Internet site’ means an Internet site that is not a domestic Internet site.
So any US corporation whose domain name is registered by a foreign domain name registry counts as a foreign site, and SOPA will apply to it. The letter of Richard Cotton’s assertion that SOPA does not apply to any domestic US sites may be true, as long as you define ‘domestic’ in the same way as the SOPA bill, but given that SOPA can apply to a US corporation with a domain registered abroad, the spirit of the assertion is wrong.
One might think that a US corporation with a foreign-registered domain name can simply transfer their domain name to a US domain name registry, and avoid SOPA. However, if you have a country-specific domain name, like www.bit.ly (Libya), or www.justin.tv (Tuvalu), then you can’t just transfer your domain name to a US registry: the registries for those domain names are all foreign by law.
So it looks SOPA does apply to Bit.ly and Justin.tv, both US corporations that count as foreign internet sites according to the SOPA definitions. The spirit of Richard Cotton’s assertion that SOPA doesn’t apply to any domestic US sites isn’t true at all.


