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Computer Crime and |
Intellectual Property Policy and Programs
- Joint Anti-Piracy Initiative Launched on July 23, 1999
- DOJ Speaks out on Intellectual Property Rights
- The Audio Home Recording Act and Napster
- The Digital Millennium Copyright Act and DeCSS
- The Importation of Counterfeit Pharmaceuticals
- G-8 Experts Meeting on Transborder Intellectual Property Crime
- Intellectual Property Crime Statistics from the Attorney General’s Annual Report
- The Computer Hacking and Intellectual Property (CHIP) Units
A. Joint Anti-Piracy Initiative Launched on July 23, 1999On July 23, 1999, the Department of Justice, the Federal Bureau of Investigation, and the U.S. Customs service announced the establishment of a law enforcement initiative aimed at combating the growing challenge of piracy and counterfeiting of intellectual property, both domestically and internationally. "At the same time that our information economy is soaring, so is intellectual property theft," said Deputy Attorney General Eric Holder. "We are here to send the message that those who steal our intellectual property will be prosecuted. This is theft, pure and simple." Mr. Holder's remarks and a press release describing the announcement of the initiative may be accessed via the links below:B. DOJ Speaks out on Intellectual Property RightsOn December 25, 2000, Attorney General Reno's article on The Threat of Digital Theft: Intellectual property theft is faster, costlier and more dangerous than ever" appeared in theStandard.com. In the article, Ms. Reno discussed law enforcement concerns about intellectual property theft, and discussed recent law enforcement efforts to combat the problem, including the Intellectual Property Initiative, launched in July 1999.C. The Audio Home Recording Act and Napster
- Attorney General Reno's article on "The Threat of Digital Theft: Intellectual property theft is faster, costlier and more dangerous than ever" in theStandard.com (Dec. 25, 2000).
On September 12, 2000, Attorney General Janet Reno spoke before the Symposium of the Americas on Protecting Intellectual Property Rights in the Digital Age. In her speech, Ms. Reno discussed the international aspects of IP crime, and the various law enforcement components to protecting IP rights. On January 12, 2000, Deputy Attorney General Eric H. Holder, Jr. spoke at the High-Tech Crime Summit in Washington, DC. In his speech, Mr. Holder presented an overview of the challenges that law enforcement faces in the Information Age and he outlined some of the specific steps that the Department of Justice is taking to combat high-tech crime, particularly crime involving the theft of intellectual property.DOJ Supports Law Enforcement Cooperation Within the Single Market to Combat Growing Intellectual Property Crime -- In March, 1999 testimony before the European Commission's Munich forum in response to its Green Paper on "Combatting Counerfeiting and Piracy in the Single Market," the Department of Justice said that it is vital to promote cooperation within the Single Market and among other sovereigns to combat the growing threat of IP crime. The Criminal Division's Special Counsel for Intellectual Property, Roslyn A. Mazer, stated that such cooperation is vital in making the determination that merchandise is counterfeit; dealing with contraband entering the Single Market from non-EU countries; and obtaining information from non-Member states and from non-EU nationals. She said the isolated efforts of individual member states, industries, or companies will " be feeble against 21st century IP crime."Speech by Deputy Attorney General Eric H. Holder, Jr. at the High-Tech Crime Summit in Washington, DC (January 12, 2000) DOJ Presents Challenges and Responses to the Threat of Digital Piracy -- In remarks delivered to the European Institute's November 1998 conference on "Intellectual Property Protection in the Digital Age," the Department of Justice identified the reasons why intellectual property crime has grown more serious and more attractive to organized criminal syndicates. Roslyn A Mazer, Special Counsel for Intellectual Property. Criminal Division, summarized the Department of Justice efforts, as well as those of other law enforcement agencies, to provide investigative and prosecutorial training, support needed legislative amendments, and engage foreign counterparts in the fight against piracy and counterfeiting. This speech was published in European Institute, "Intellectual Property Protection in the Digital Age," in 1999.Speech by Roslyn A. Mazer, Special Counsel for Intellectual Property, before the European Commission (March 3, 1999) Speech by Roslyn A. Mazer, Special Counsel for Intellectual Property, before the European Institute (Nov. 1998) On September 11, 2000, the Department of Justice filed an amicus curiae brief in the case of A & M Records, Inc. v. Napster, Inc. solely on the issue of whether Section 1008 of the Audio Home Recording Act of 1992, 17 U.S.C. §1008, excuses Napster from liability for copyright infringement. A copy of that brief is accessible via the link below:
- Department of Justice amicus brief in A & M Records, Inc. v. Napster, Inc. (filed Sept. 11, 2000)
- Department of Justice amicus brief in A & M Records, Inc. v. Napster, Inc. (filed Sept. 11, 2000)
-WordPerfect version- Department of Justice amicus brief in A & M Records, Inc. v. Napster, Inc. (filed Sept. 11, 2000)
-Adobe Acrobat version(Note: This document contains the text of the original file, not an image of it.)D. The Digital Millennium Copyright Act and DeCSS
On February 20, 2000, the Department of Justice filed an a brief as an intervenor in the case of Universal City Studios, Inc. v. Corely, on appeal from Universal City Studios, Inc. v. Reimerdes, 82 F. Supp. 2d 211 (S.D.N.Y. 2000), on three issues:
1. Whether, as applied to defendants' dissemination of circumvention technology, the DMCA is consistent with the First Amendment as an appropriate conduct regulation.
2. Whether the district court's order enjoining defendants from committing specific violations of the DMCA is both content neutral and sufficiently tailored to satisfy constitutional requirements.
3. Whether the district court correctly rejected defendants' overbreadth challenge to the DMCA, where defendants did not violate the statutory provision at the core of their challenge, did not establish an adequate factual record, and where the alleged overbreadth was not substantial in any event.
A copy of that brief is accessible via the link below:
E. The Importation of Counterfeit Pharmaceuticals
On October 3, 2000, Deputy Assistant Attorney General for the Civil Division Patricia Maher testified before the House Subcommittee on Oversight and Investigations of the Committee on Commerce on the importation of counterfeit pharmaceutical products. Her testimony addresses the health and safety dangers of this practice and highlights some recent prosecutions.F. G-8 Experts Meeting on Transborder Intellectual Property CrimeOn September 18-19, 2000, the United States sponsored the first-ever meeting of law enforcement experts from G-8 countries to discuss trends in trafficking in counterfeiting and pirated merchandise. Read a summary of the meetings from the link below.G. Intellectual Property Crime Statistics from the Attorney General’s Annual ReportThese annual statistics contain summaries of available copyright and trademark statistics, segregated by statutory provision and preceded by a brief description of each offense. Also included are summaries of the overall totals and totals associated with matters and cases referred by the U.S. Customs Service to the U.S. Attorneys. Read the statistics via the link below. These statistics are part of the Attorney General’s Annual Report, which can be found via the link below.
H. The Computer Hacking and Intellectual Property (CHIP) UnitsAs announced by Attorney General John Ashcroft on July 20, 2001, nine additional units are being added to a program called CHIP (Computer Hacking and Intellectual Property) that has proven successful in Northern California. That project demonstrated the benefits of a unit of prosecutors working closely with the FBI and other agencies to establish a relationship with the local high tech community and encourage them to refer cases to law enforcement. The new CHIP units are the next phase in the Department's ongoing efforts to combat cybercrime and Intellectual Property theft. In 1991, the Department created what is now the Computer Crime and Intellectual Property Section (CCIPS) in the Criminal Division. The CHIP team members will complement the highly trained network of prosecutors at CCIPS and the US Attorneys Offices. More information on the CHIP units is accessible via the links below:
Click here for more information on:
Law Enforcement Coordination for High-Tech Crimes
Intellectual Property Cases
Prosecuting Intellectual Property Crimes Guidance
Criminal Intellectual Property Laws
Economic Espionage Act
Intellectual Property Documents
Go to . . . CCIPS home page ||Justice Department home page
Updated page July 20, 2001
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