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US Attorney General Alberto Gonzales has proposed tightening the United States' intellectual property laws. Titled the "Intellectual Property Protection Act," the proposed legislation would for the first time criminalize attempted copyright infringement.
If the name sounds familiar, it's because it has been used before. Towards the end of 2004, eight different IP-related bills were combined into a legislative package that failed to emerge from Congress.
The IPPA would come down harder on those found to have violated the DMCA, subjecting them to new forfeiture and restitution provisions. "Any property used, or intended to be used, in any manner or part, to commit or facilitate the commission of the offense" of violating the DMCA could be confiscated, according to the text of the legislation.
Repeat offenders would be punished with stiffer penalties, and, for the first time, the copyright infringement convictions would not have to be identical to one another for the heavier penalties to take affect.
Gonzales' proposed legislation would also go after counterfeiters, and those found guilty of running counterfeiting operations that "pose health and safety dangers" could face up to 20 years in prison or even life imprisonment if the person convicted "knowingly or recklessly causes or attempts to cause death."
The FBI's wire-tapping powers would also be expanded to cover some copyright infringement investigations. Law enforcement officers investigating criminal copyright infringement and trafficking in counterfeit goods and services would be able to get warrants to tap voice and electronic communications.
Although they have yet to publicly comment on the IPPA, the recording and movie industries will be pleased with the Department of Justice's proposed legislation. They have supported both the INDUCE Act and the Pirate Act in the past, and the IPPA goes further than either of those two bills when it comes to expanding the scope of IP enforcement efforts.
In order to pass, the IPPA will have to find a sponsor in Congress, which shouldn't be too difficult. Once that happens, it may face the same uphill fight as other overly-broad IP legislation. We'll keep an eye on the IPPA should the legislation be formally introduced.
If the name sounds familiar, it's because it has been used before. Towards the end of 2004, eight different IP-related bills were combined into a legislative package that failed to emerge from Congress.
The IPPA would come down harder on those found to have violated the DMCA, subjecting them to new forfeiture and restitution provisions. "Any property used, or intended to be used, in any manner or part, to commit or facilitate the commission of the offense" of violating the DMCA could be confiscated, according to the text of the legislation.
Repeat offenders would be punished with stiffer penalties, and, for the first time, the copyright infringement convictions would not have to be identical to one another for the heavier penalties to take affect.
Gonzales' proposed legislation would also go after counterfeiters, and those found guilty of running counterfeiting operations that "pose health and safety dangers" could face up to 20 years in prison or even life imprisonment if the person convicted "knowingly or recklessly causes or attempts to cause death."
The FBI's wire-tapping powers would also be expanded to cover some copyright infringement investigations. Law enforcement officers investigating criminal copyright infringement and trafficking in counterfeit goods and services would be able to get warrants to tap voice and electronic communications.
Although they have yet to publicly comment on the IPPA, the recording and movie industries will be pleased with the Department of Justice's proposed legislation. They have supported both the INDUCE Act and the Pirate Act in the past, and the IPPA goes further than either of those two bills when it comes to expanding the scope of IP enforcement efforts.
In order to pass, the IPPA will have to find a sponsor in Congress, which shouldn't be too difficult. Once that happens, it may face the same uphill fight as other overly-broad IP legislation. We'll keep an eye on the IPPA should the legislation be formally introduced.
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