The letter expresses concerns about the PROTECT IP Act (PIPA) from the perspective of independent artists and arts organizations. It argues that PIPA's technical approaches risk collateral harm, its private enforcement provisions could be abused, and its scope is unclear. The letter urges senators to consider alternatives that protect rights holders without stifling innovation or free expression, and to thoroughly deliberate the issues before advancing legislation that could disadvantage creators.

1. January 11, 2012
ADAM HUTTLER
EXECUTIVE DIRECTOR
The Honorable Harry Reid The Honorable Mitch McConnell
BOARD OF DIRECTORS
522 Hart Senate Office Building 317 Russell Senate Office Building
ALANNA WEIFENBACH
CHAIRMAN Washington, DC 20510 Washington, DC 20510
ALEXANDRA FARKAS
VICE CHAIRMAN
The Honorable Richard Durbin The Honorable Jon Kyl
711 Hart Senate Building 730 Hart Senate Building
ADAM HUTTLER
SECRETARY Washington, DC 20510 Washington, DC 20510
RODNEY CHRISTOPHER
TREASURER
The Honorable Patrick Leahy The Honorable Orrin Hatch
437 Russell Senate Building 104 Hart Office Building
JOSHUA LINDLAND
Washington, DC 20510 Washington, DC 20510
CHRISTOPHER J. MACKIE
ROBERT MIDDLETON The Honorable Charles Schumer The Honorable Kirsten Gillibrand
LARRY SEARCY 322 Hart Senate Office Building 478 Russell Senate Building
AMY WRZESNIEWSKI Washington, DC 20510 Washington, DC 20510
Dear Senators,
As a national non-profit that supports artists and arts organizations, we write to you today with
concerns regarding legislation currently being considered to deal with websites and services that
traffic in the unauthorized distribution of American intellectual property, including copyright.
Fractured Atlas represents over 20,000 organizations and individuals from a diverse background
that includes performers, filmmakers, musicians, composers, writers and more. We are
compelled to weigh in because too often, trade groups representing powerful entertainment
conglomerates are seen as speaking for all creators on such crucial issues.
We strongly support artists’ right to be compensated for their work online. However, there is
also a need to ensure that the platforms that today’s creators use to reach audiences and
patrons can continue to flourish, and that our speech rights are not undermined. The PROTECT-
IP Act (PIPA; S.968) raises concerns regarding its scope and process that are important for
members of the Senate to address.
The digital marketplace is still evolving. There are now numerous legitimate platforms through
which independent artists can make their works available online and we are also beginning to
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(212) 277-8020 • 248 W. 35th St. 10 Floor • New York, NY 10001• www.FracturedAtlas.org

2. see direct partnerships between technology platforms and content creators on potentially
rewarding new business models. Increased consumer interest in legal, licensed services is
something to be proud of in a sector that has had a difficult time transitioning. We believe that
current proposals would result in greater uncertainty and ultimately have negligible benefits for
artists.
We urge members of the Senate to consider the following:
 Technological mandates risk collateral harms. We are unconvinced that the Domain Name
System (DNS) approach to enforcement will have quantifiable impact on unauthorized
distribution. There are numerous ways to circumvent DNS blocking on both the provider and
consumer end. In addition, the proposals outlined in both PIPA and the Stop Online Piracy
Act (SOPA; HR 3261) raise red flags for online security. In addition, such polices could hasten
the development of a "shadow" internet that is all but immune to law enforcement. It
would be truly unfortunate if PIPA played a part in inadvertently encouraging activities that
are not only unlawful, but bring real risks to the broader internet ecosystem.
 “Private rights of action” open the door to mischief. Historically, well-financed, established
players in the entertainment industry have been aggressive about protecting their
traditional distribution pipelines from emerging alternatives. Individual creators, nonprofit
arts organizations and millions of Americans have come to depend on access to a level
online playing field where new platforms could be explored. Ensuring our ability to express
ourselves within the framework of the law is crucial. PIPA would make it far too easy to
destroy an emerging web service on the mere accusation of infringement, without a court
order and with complete immunity for third-party service providers (such as payment
processing companies and ad service networks). Without due process protections through
which an online site or service can contest such claims, there is a very real danger to
legitimate expression and commerce.
 A lack of clarity on scope. If the goal of this bill is to go after foreign “rogue websites,” then
its remedies must be narrowly-tailored to do so without collateral harms. While it is true
that the US is already seizing domestic web properties through the Department of
Homeland Security’s Immigrations and Customs Enforcement (ICE) division, this program is
hardly an unqualified success. When law enforcement blocked access to popular hip-hop
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3. blog Dajaz1.com, it took a year to return property that ICE itself admitted was improperly
seized. As it turns out, a major label’s promotions team had been providing MP3s to the
site; the Recording Industry Association of America (RIAA) were reportedly involved in the
takedown request. Lawmakers may be trying to solve a problem without a clear
understanding of how the broader rightsholder community participates in the digital
marketplace. Therefore, it is crucial that policies meant to prevent piracy a) clearly define
the scope of the problem, and b) employ only the most targeted remedies to address it.
There may be alternatives that could provide rightsholders with relief without the risk of
collateral damage. By taking a follow-the-money approach (with clear due process provisions),
Congress could prevent the internet’s true bad actors from illegally profiting off of American
intellectual property, without stifling innovation and expression in the digital marketplace. Such
alternatives deserve to be seriously considered.
At this time, it seems inappropriate for Congress to rush through bills with such potentially far-
reaching consequences. The range of legal and technological complexities requires more
thorough deliberation to address a problem that has yet to be properly quantified. We urge
members of the Senate to closely consider the concerns of the arts and cultural communities
before advancing legislation that could disadvantage creators in an evolving digital marketplace.
Sincerely,
Adam Huttler
Executive Director
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