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Senators are pro IP (Updated) - July 24, 2008

UPDATE adds quotes from Public Knowledge:
A bipartisan group of senators led by the chairman and ranking member of the Senate Judiciary Committe on Thursday introduced an intellectual property enforcement bill to bookend the PRO IP Act passed by the House earlier this year. While the Senate bill isn't as far-reaching as the House version in creating new federal enforcement resources, backers are hoping the Senate will act quickly to pass the bill before Congress adjourns for its August recess. That would perhaps leave time for a conference committee to hammer out a compromise between the House and Senate versions before election day or during a lame-duck session should there be one.

A full text of the bill was not yet available through the GPO, so Media Wonk can't link to it. Here's a link to a summary posted on the Web site of Sen. Patrick Leahy (D-Vt.), chairman of the committee and a principal sponsor.

The Senate bill appears to go one-step further than the House version in one critical--and potentially controversial--area. Drawing on a provision in the earlier PIRATE Act (Protecting Intellectual Rights Against Theft and Expropriation), introduced by Leahy in 2004 and passed by the Senate three times in various forms, the new bill would give the U.S. Department of Justice the authority to bring civil cases against alleged copyright infringers.

Currently, DOJ is only authorized to pursue cases of criminal copyright infringment. But as Leahy said in a statement issued Thursday, "Many times, a criminal saction is simply too severe for the harm done," and as a result no case is brought.

Opponents of the measure see that as essentially turning the Justice Department into the private enforcement arm of the copyright industries.

"This bill would turn the Justice Department into an arm of the legal departments of the entertainment companies by authorizing DoJ to file civil lawsuits for infringement, forcing taxpayers to foot the bill," Public Knowledge president Gigi Sohn said in a statement. "We look forward to working with Chairman Leahy and his colleagues to ensure that this bill is more narrowly targeted and respectful of the balance of copyright law."

Sohn also isn't keen on provisions in the bill concerning the seizure of property used in copyright infringement.

"Seizing expensive manufacturing equipment used for large-scale infringement from a commercial pirate may be appropriate," she said. "Seizing a family’s general-purpose computer in a download case, as this bill would allow, is not appropriate."

Ranking minority member Sen. Arlen Specter (R-Pa.) joined Leahy in introducing the bill, dubbed the Enforcement of Intellectual Property Rights Act. Co-sponsors were Sens. Evan Bayh (D-Ind.), George Voinovich (R-Ohio).  Senators Dianne Feinstein (D-Calif.) and John Cornyn (R-Texas).

The usual suspects were out quickly with statements of support for the measure:

MPAA: “It’s great to see bipartisan collaboration in the Senate on an issue that is so important, not only to the motion picture industry, which employs 1.3 million American workers and generates $30.25 billion in U.S. wages annually, but to our nation’s economy,” CEO Dan Glickman said. “We are certainly pleased that Chairman Leahy and Senator Specter along with Senators Bayh and Voinovich have found common ground with the introduction of the Enforcement of Intellectual Property Rights Act, a bill that will help make sure that federal law enforcement has the resources it needs to combat the growing problem of piracy and counterfeiting which threatens American copyright industries that account for more that 11% of the U.S. GDP.

Copyright Alliance: The Leahy-Specter-Bayh-Voinovich bill reaches across party lines and also brings together the best thinking of both chambers. It builds on the previously introduced Senate bills as well as the PRO-IP Act, which passed the House by a 410-11 vote. Such overwhelming congressional support for increased enforcement of the rights of copyright owners and creators suggests that swift Senate action should be taken on this legislation. The Copyright Alliance looks forward to Chairman Leahy and Ranking Member Specter guiding the bill out of the Senate Judiciary Committee and to the Senate floor soon.

U.S. Chamber of Commerce: “The Senate now has the opportunity to ensure America’s innovation industries continue creating jobs and crossing new research frontiers that will lead to solutions for global challenges,” said president Tom Donohue. “By moving forward affirmatively on this bill, Congress can demonstrate its solidarity with our talented innovators, workers whose jobs rely on intellectual property, and consumers who depend on safe and effective products. We urge the Senate to approve this legislation expeditiously.”

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