U.S. IP Enforcement Coordinator proposes sweeping legal changes

Author: Martine Wubben - 17-03-2011

Victoria Espinel, the U.S. Intellectual Property Enforcement Coordinator, wants more tools to protect America's intellectual property. Yesterday Espinel posted twenty legislative recommendations that should provide the necessary powers to tackle illegal streaming sites and organized copyright infringements on the White House blog.

Espinel suggests that infringement by streaming, or by means of other similar new technology, should be a felony. Also, the Department of Homeland Security should be allowed to share information, products or devices with rightsholders pre-seizure to determine whether the products are infringing or the devices are circumvention devices.

Last but certainly not least, Espinel suggests that law enforcement should have wiretap authority for criminal copyright and trademark offenses. Espinel illustrates the need for such drastic new measures by the example of the Mexican-American drug cartel La Familia. This criminal organization would - in addition to their 'normal' trade in illicit medicines and drugs - apparently also be trading in illegal software because the revenues are high and penalties low. Espinel writes:

“Because of the high profit margin and shorter prison sentence for intellectual property crimes compared to other offenses, piracy and counterfeiting are a strong lure to organized criminal enterprises, which can use infringement as a revenue source to fund their other unlawful activities.  One of the most brutal drug cartels in the world – Mexico-based La Familia -- manufacturers and sells counterfeit software, generating more than $2.4 million in profits each day.  The Administration has recommended increased penalties for intellectual property crimes committed by organized criminal enterprises and wiretap authority for copyright and trademark offenses, which will enhance efforts to fight organized crime and bring their leaders to justice.”

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