New Bill Proposes Creation of Federal Counterfeiting Cops
In an effort to combat internet piracy theft, federal law makers in the House of Representatives recently approved legislation that would give federal law enforcement officials new tools to combat the theft of U.S.-owned intellectual property (IP), including copyrighted materials. The bill formally known as H.R. 4279, Prioritizing Resources and Organization for Intellectual Property Act of 2008 would significantly increase criminal and civil penalties for piracy and counterfeiting copyrighted materials.
If passed into law, the bill would establish an Intellectual Property Enforcement Division within the office of the United States Deputy Attorney General. The bill would also allow federal authorities to seize computers and hardware that has even one illegal file stored on it which authorities believe may have been downloaded from places such person to person file exchange sites. The bill is now slated for approval by the Senate.
Changes are Proposed
In addition to establishing an IP Enforcement Division, the bill also seeks to amend 18 U.S.C. §2320 by making the following changes:
(a) In General- Section 2320 of title 18, United States Code, is amended–
(1) in subsection (a)–
(A) by striking `Whoever’ and inserting `Offense-
`(1) IN GENERAL- Whoever’;
(B) by moving the remaining text 2 ems to the right; and
(C) by adding at the end the following:
`(2) SERIOUS BODILY HARM OR DEATH-
`(A) SERIOUS BODILY HARM- If the offender knowingly or recklessly causes or attempts to cause serious bodily injury from conduct in violation of paragraph (1), the penalty shall be a fine under this title or imprisonment for not more than 20 years, or both.
`(B) DEATH- If the offender knowingly or recklessly causes or attempts to cause death from conduct in violation of paragraph (1), the penalty shall be a fine under this title or imprisonment for any term of years or for life, or both.’
If passed, the bill also instructs that the United States Sentencing Commission shall amend the Federal sentencing guidelines and policy statements applicable in any case sentenced under section 2B5.3.
Lawmaker’s Goals are more Prosecutions
According to statistics cited by lawmakers, counterfeiting and piracy have already cost Americans approximately 750,000 jobs and deprive U.S. businesses of almost $250 billion in revenue each year. Lawmakers hope to curb this trend by seeking more prosecutions of IP theft. The bill “is a step in the right direction for IP enforcement and the economy,” added Rep. Lamar Smith (R-Texas), a cosponsor of the legislation. Smith said the Department of Justice filed only 217 cases for IP violations in the last fiscal year, less than 1% of the total number of criminal cases filed in fiscal 2007 “The more cases brought, the greater the deterrent effect and the stronger the economy will be,” he remarked.