[Congressional Record Volume 150, Number 127 (Friday, October 8, 2004)]
[Senate]
[Pages S10822-S10823]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    INTELLECTUAL PROPERTY PROTECTION

  Mr. LEAHY. Mr. President, back in June the Senate took a strong step 
to support intellectual property on the Internet by updating the 
Government's most important tool in the fight against piracy: its 
enforcement authority. Unfortunately, the Bush administration, which 
likes to talk a good game, is apparently not interested in having the 
tools it needs to do the job. This administration has done nothing, as 
far as I know, to help enact important intellectual property 
legislation. As a consequence, congressional Republicans are holding up 
and resisting important legislation.
  The Protecting Intellectual Rights Against Theft and Expropriation 
Act, S. 2237, allows United States Attorneys' Offices to bring a civil 
action against a large-scale copyright infringer. For some unimaginable 
reason, the Justice Department, which cannot issue enough press 
releases about its newly-minted Intellectual Property Task Force, has 
taken no interest in or action on this legislation. Apparently, the 
Ashcroft Justice Department rejects having the law enforcement 
authority to stop large-scale infringers and protect America's 
intellectual property from piracy. A Justice Department that has 
reinterpreted treaties and contorted the law to claim vast and 
unfettered authorities for this executive has little interest in 
assembling legislatively enacted tools for copyright protection and to 
stop piracy.
  For a number of reasons having to do with law enforcement priorities, 
resources and other considerations, prosecutors rarely decide to bring 
criminal charges even against flagrant infringers. I have encouraged 
the Department to be more aggressive both internationally and here at 
home and have praised them when they have acted against infringers. I 
have worked hard to provide additional resources to our international 
efforts.

[[Page S10823]]

  The PIRATE Act is another important effort in this fight. It provides 
alternative civil enforcement, authority. When a U.S. Attorney's Office 
sees a need for enforcement, but determines that a criminal case is not 
justified, the PIRATE Act would afford the Government a civil law route 
and civil law remedies. There are times when civil proceedings and 
remedies are more appropriate. Until we enact the PIRATE Act, they are 
unavailable. Presently, very few criminal cases are brought and no 
civil cases can be brought by the Government for these violations of 
Federal law. When you consider that the copyright industry employs over 
11 million people in the United States, hamstringing the Federal 
Government by limiting it to criminal enforcement is unthinkable.
  The Justice Department has appropriately refocused many resources of 
the FBI and the Criminal Division on preventing and investigating 
terrorism cases, leaving even fewer resources for protecting the 
intellectual property that is such a critical economic engine in this 
country. The PIRATE Act will enable other resources, outside the 
Criminal Division of the Justice Department and U.S. Attorney's 
Offices, to help protect intellectual property. This bill removes legal 
obstacles to the Justice Department's effective use of the resources it 
has at its disposal to fight piracy. The Attorney General should be 
fighting for this initiative. Unfortunately, the Bush administration 
and its Attorney General are missing in action.

  The logic of the PIRATE Act and the reasoned approach it takes to 
Government enforcement of intellectual property rights is compelling. 
Consider that during this divisive session of Congress in which 
partisanship was pervasive, the Senate Judiciary Committee and the 
Senate passed the PIRATE Act without a single dissenting voice.
  I urge the Bush administration to get with the program. If you want 
to talk the talk and pretend to support the protection of intellectual 
property rights, then walk the walk and work to clear the Republican 
opposition so that Congress can enact the PIRATE Act. Then use that 
authority as appropriate to help end the theft of intellectual property 
that is an enormous drag on our economy and so unfair to the artists 
who created the works by which others illegally profit.
  The Ashcroft Justice Department issued a veto threat to the SAFE Act 
before a single hearing and before any markup of that legislative 
proposal. The PIRATE Act has passed the Senate and we still await the 
first word from the Justice Department providing its views on this 
legislation. The lack of support for enactment of civil enforcement 
tools by the Department of Justice is most revealing.

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