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Senate Committee Expands Justice Department Copyright Enforcement Powers

Submitted by MacRonin on September 12, 2008 - 3:37am
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Senate Committee Expands Justice Department Copyright Enforcement Powers - Via Threat Level:

Sweeping legislation granting the U.S. Justice Department the ability to prosecute civil cases of copyright infringement sailed through the Senate Judiciary Committee 14-4 on Thursday, and is expected to hit the Senate floor for a vote soon.

One lawmaker from the 19-member panel, Sen. Joe Biden, did not vote, although several members voted by proxy. Biden, of Delaware, is the running mate to presidential contender Sen. Barack Obama, the Democrat from Illinois.

Hollywood, labor unions and manufacturers (.pdf) strongly backed the measure, while digital rights groups and others say it goes too far and is a gift to copyright holders who normally use the civil courts to sue copyright infringers. The Recording Industry Association of America, for example, has sued more than 30,000 individuals for infringement.

The Enforcement of Intellectual Property Rights Act, (.pdf) as we reported Tuesday, also creates a Cabinet-level copyright-patent czar charged with creating a worldwide plan to combat piracy. The czar would "report directly to the president and Congress regarding domestic and international intellectual property enforcement programs."

The bill, a nearly identical version the House passed last year, encourages federal-state anti-piracy task forces, the training of other countries about IP enforcement and, among other things, institutes an FBI piracy unit.

The House version does not contain language granting the Justice Department the ability to sue copyright infringers. The department does prosecute criminal acts of infringement, although rarely.

Biden's office did not immediately return inquiries concerning the vice presidential candidate's failure to vote.

Copyright Act violations carry penalties of up to $150,000.

The measure, SB 3325, was floated by Patrick Leahy, D-Vermont; Arlen Specter,  R-Pennsylvania; Dianne Feinstein, D-California and John Cornyn, R-Texas.

Voting For: Cornyn (by proxy); Lindsey Graham, R-South Carolina (by proxy); Charles Grassley, R-Iowa; Orin Hatch, R-Utah; Specter; Sheldon Whitehouse, D-Rhode Island; Benjamin Cardin, D-Maryland; Richard Durbin, D-Ilinois; Charles Schumer, D-New York (by proxy); Russell Feingold, D-Wisconsin; Feinstein; Herb Kohl, D-Wisconsin; Edward Kennedy, D-Massachusetts (by proxy); Leahy (by proxy).

Voting Against:  Jeff Sessions, R-Alabama; Jon Kyl, R-Arizona; Sam Brownback, R-Kansas, and Tom Coburn, R-Oklahoma.

Here is a link to all of the members.

Illustration psd

See Also:

  • Proposed Copyright Law is 'Gift' to Hollywood, Groups Say
  • Meet the Latest Copyright Scofflaw -- Meet the GOP
  • Judge: Copyright Owners Must Consider 'Fair Use' Before Sending ...
  • MPAA Says No Proof Needed in P2P Copyright Infringement Lawsuits
  • File Sharing Lawsuits at a Crossroads, After 5 Years of RIAA ...
  • Google, EFF Applaud Veoh DMCA Ruling
  • Universities Baffled By Massive Surge In RIAA Copyright Notices
  • Judge: Copyright Owners Must Consider 'Fair Use' Before Sending ...

(Read Original Article - Via Threat Level.)

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