Critics blast proposal that would increase penalties for copyright infringement

A digital rights advocacy group criticized a Bush administration legislative proposal to crackdown on intellectual property infringement, a move that comes as the music industry begins to move away from copyright restrictions and as content emerges as a key strategic component of mobile-phone carriers’ business plans.
The Justice Department, among other things, wants to criminalize attempted copyright crimes, increase penalties for violations of the Digital Millennium Copyright Act and enact life imprisonment for counterfeiting offenses that threaten public health and safety.
“It is unfortunate that the administration felt the need to bring back a legislative package that was full of bad ideas when it was proposed in 2005 and continues to be full of bad ideas today,” said Gigi Sohn, president and co-founder of Public Knowledge. “As we said then, we support the enforcement of copyright law and the protection of copyright holders’ rights. We remain concerned that the Justice Department’s proposal attempts to enforce copyright law in ways it has never before been enforced. Making the ‘attempt’ at copyright infringement the same as actual infringement is an ill-conceived concept.”
The DoJ sent its legislative package to Congress earlier this week.
“Because intellectual property is critical to not only our economy but also to the public’s health and safety, the attorney general is strongly committed to the protection of intellectual property rights, the safeguarding of our citizens and the punishment of those who violate the law,” stated Richard Hertling, principal deputy assistant attorney general.
Public Knowledge said the administration’s proposal goes too far and does not reflect a fair reading of current law.
“The penalties in this bill are out of touch with reality,” Sohn said. “They range from destroying computers for potentially legitimate use to life imprisonment for improbable uses of counterfeit goods. These penalties would be more appropriate for far more serious criminal offenses. We wish DoJ had devoted more analysis to examining the fair-use rights of consumers while presenting a more balanced view of the law.”
The Justice Department also is seeking congressional authority to wiretap phones in probes of criminal trademark and copyright offenses.