DOJ's New IP Plan For Congress
Attorney General Alberto Gonzales sent a legislative proposal to Capitol Hill on Monday aimed at cracking down on intellectual property theft (Read more in Technology Daily's PM Edition). Here are details about the Bush administration's plan that was sent to House Speaker Nancy Pelosi.
The proposal would:
▪ Increase the maximum penalty for counterfeiting offenses from 10 years to 20 years imprisonment where the defendant knowingly or recklessly causes or attempts to cause serious bodily injury.
▪ Increase the maximum penalty to life imprisonment where the defendant knowingly or recklessly causes or attempts to cause death.
▪ Provide stronger penalties for repeat-offenders of the copyright laws.
▪ Implement broad forfeiture reforms to ensure the ability to forfeit property derived from or used in the commission of criminal intellectual property offenses.
▪ Strengthen restitution provisions for certain intellectual property crimes (e.g., criminal copyright and DMCA offenses).
▪ Ensure that the exportation and transhipment of copyright-infringing goods is a crime, just as the exportation of counterfeit goods is now criminal.
The scheme would also give law enforcement "the full range of lawful investigative tools" when working on IP cases -- including wiretapping privileges. According to DOJ documents, the proposal "provides for voice intercept authority for offenses that are equivalent, if not greater, in impact to other predicate offenses that already give rise to such authority."
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