Bill Overview
Title: SMART Copyright Act of 2023
Description: 2023 This bill authorizes the Library of Congress to designate technical measures (i.e., measures that identify or protect copyrighted works) and requires providers of internet-related services to make reasonable efforts to employ and effectively implement the applicable designated technical measures. A copyright owner may sue and receive monetary damages from a service provider that fails to make such reasonable efforts.
Sponsors: Rep. Chu, Judy [D-CA-27]
Target Audience
Population: Internet-related service users and operators
Estimated Size: 320000000
- The bill will affect internet-related service providers who will need to implement the designated technical measures to protect copyrighted works.
- These providers include, but are not limited to, web hosts, cloud services, Internet Service Providers (ISPs), and content platforms.
- Copyright owners will also be affected as they are empowered to sue non-compliant service providers.
- Consumers of internet services may indirectly be affected if service providers pass on the cost of compliance.
- Globally, due to the international nature of the internet, companies operating in the US may have implications on their global operations.
Reasoning
- Due to the nature of the SMART Copyright Act, the primary impact will be on internet service providers, potentially increasing their operational costs.
- Consumers of internet services may face higher charges if service providers pass on the costs of compliance to them.
- Copyright owners may benefit from improved protection and enforcement mechanisms for their works.
- The effect on individual wellbeing will depend on how directly people interact with copyright issues, either as consumers or as part of their occupation.
- We expect the majority of consumers to have a 'low' impact in terms of detailed, personal change from this policy, as they are not directly targeted.
- Service providers and copyright holders are more likely to feel 'medium' to 'high' impacts.
- Most people are indirect beneficiaries and may not see substantial changes in their day-to-day internet usage.
- The population intended to be directly affected is diverse, covering different professions tied to the internet.
- The budget constraints and the size of the US internet user base mean the policy will only incrementally affect the average user's wellbeing in measurable terms.
- The main immediate impact will likely be on service providers who must adjust their business and technologies to comply.
Simulated Interviews
Software Developer (San Francisco, CA)
Age: 30 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 5.0 years
Commonness: 10/20
Statement of Opinion:
- I understand the need for copyright protection, but the costs of implementation might affect not only our operating budget but also my job stability.
- There's a potential that increased operational costs could mean layoffs or shifts in how projects are staffed.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 7 |
| Year 2 | 6 | 7 |
| Year 3 | 6 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 7 | 8 |
| Year 20 | 8 | 8 |
Copyright Lawyer (Boston, MA)
Age: 45 | Gender: female
Wellbeing Before Policy: 8
Duration of Impact: 5.0 years
Commonness: 5/20
Statement of Opinion:
- This policy is a step forward in protecting our clients' intellectual property rights.
- Enforcement becomes easier as the pressure is put on service providers to comply.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 9 | 8 |
| Year 2 | 9 | 8 |
| Year 3 | 9 | 8 |
| Year 5 | 9 | 8 |
| Year 10 | 8 | 8 |
| Year 20 | 8 | 8 |
Freelance Artist (Austin, TX)
Age: 25 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 3.0 years
Commonness: 8/20
Statement of Opinion:
- This act could be beneficial if it effectively curbs piracy of my digital art.
- However, I worry about how these measures might affect my cost of doing business online.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 7 | 6 |
| Year 20 | 7 | 6 |
ISP Manager (New York, NY)
Age: 34 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 5.0 years
Commonness: 6/20
Statement of Opinion:
- Ensuring compliance could strain our resources and might lead to increased service fees for customers.
- It could enhance relationships with content providers who value stronger copyright protections.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 8 | 7 |
| Year 10 | 7 | 7 |
| Year 20 | 7 | 8 |
Content Creator (Seattle, WA)
Age: 50 | Gender: other
Wellbeing Before Policy: 8
Duration of Impact: 2.0 years
Commonness: 7/20
Statement of Opinion:
- While I support the protection of copyrighted material, I'm wary of overreach impacting fair use which is crucial for content creators.
- This could hinder the creative process if not carefully managed.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 8 |
| Year 2 | 8 | 8 |
| Year 3 | 8 | 8 |
| Year 5 | 8 | 8 |
| Year 10 | 7 | 8 |
| Year 20 | 7 | 8 |
Web Designer (Miami, FL)
Age: 29 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 3.0 years
Commonness: 9/20
Statement of Opinion:
- These new technical requirements could see costs passed onto me by service providers I work with, potentially affecting client budgets.
- I hope this means safer internet transactions and more trust from consumers.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 6 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
Retired (Chicago, IL)
Age: 60 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 0.0 years
Commonness: 15/20
Statement of Opinion:
- I don't think this will personally impact me much, except maybe higher costs for services I already use.
- I do appreciate the idea of safer, more trusted content online.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 7 | 7 |
| Year 20 | 7 | 7 |
Student (Los Angeles, CA)
Age: 22 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 2.0 years
Commonness: 20/20
Statement of Opinion:
- I hope this means easier access to legal content, but I'm concerned about cost increases in subscription services.
- It could impact the flexibility of content I access for schoolwork.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 6 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
E-commerce Business Owner (Denver, CO)
Age: 38 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 3.0 years
Commonness: 8/20
Statement of Opinion:
- Additional costs from compliance could be a strain, pushing me to seek reductions elsewhere.
- I do value the legitimacy and security that stronger protections can bring, but not at high additional costs.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 7 |
| Year 2 | 6 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 7 | 7 |
| Year 20 | 8 | 7 |
Teacher (Atlanta, GA)
Age: 54 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 0.0 years
Commonness: 12/20
Statement of Opinion:
- I hope this policy will bring more legitimate resources into classrooms without fear of legal issues.
- There is always a concern that restricted access could make acquiring new teaching materials harder.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 7 | 7 |
| Year 20 | 7 | 7 |
Cost Estimates
Year 1: $1000000000 (Low: $750000000, High: $1500000000)
Year 2: $800000000 (Low: $600000000, High: $1400000000)
Year 3: $700000000 (Low: $500000000, High: $1300000000)
Year 5: $600000000 (Low: $400000000, High: $1200000000)
Year 10: $400000000 (Low: $300000000, High: $700000000)
Year 100: $100000000 (Low: $50000000, High: $200000000)
Key Considerations
- The effectiveness of designated technical measures in preventing copyright infringement.
- Potential legal challenges from service providers over compliance burdens.
- Possible pushback from global companies due to differences in international copyright standards.
- Monitoring and enforcement mechanisms for the technical measures designated by the Library of Congress.