Department Of Justice Increases Efforts To Combat IP Theft: Task Force, Operation Fastlink Announced In April
 
July 6, 2004
 
Jennifer A. Short- Northern Virginia

This spring, the U.S. Department of Justice (DoJ) announced plans to strengthen its enforcement of existing intellectual property laws, at the same time Congress is considering legislation that would enhance criminal sanctions for piracy and file-sharing as well as increase funding for DoJ and FBI initiatives.

In late March, Attorney General John Ashcroft announced the creation of a DoJ Intellectual Property Task Force, whose mission will be to examine how DoJ handles intellectual property issues and to develop recommendations for ways DoJ can strengthen its efforts to combat theft of intellectual property. Deputy Chief of Staff and Counselor to the Attorney General David M. Isrealite was chosen to lead the task force. On April 21, 2004, Chairman Isrealite identified ten others who will serve with him on the task force, including representatives from the FBI, DoJ’s legal policy and legislative affairs offices, the civil division, the criminal division, and its antitrust division. The task force will divide its efforts into five working groups that will focus on criminal law, civil law, international treaties and obligations, legislative and regulatory proposals, and public awareness. Task force recommendations in each of these areas will be made to the Attorney General by the end of the year.

Also in April, Attorney General Ashcroft revealed that law enforcement agencies in the United States and in ten other countries are participating in an international anti-piracy crackdown effort dubbed “Operation Fastlink.” As a result of this multinational cooperative effort, more than a hundred individuals have been identified as leaders of “release groups” that distribute pirated movies, games, and computer software. Forty-two local United States Attorneys offices are participating in the effort, which was coordinated through DoJ’s Computer Crime and Intellectual Property Section of the Criminal Division. Operation Fastlink is reported to be the largest global enforcement action ever taken against online piracy.

In his announcement of Operation Fastlink, Ashcroft noted that over the last few years DOJ has expanded its efforts in combating digital theft by, among other things, expanding the number of Computer Hacking and Intellectual Property (CHIP) Units in United States Attorneys offices from one to 13. Ashcroft further commented that intellectual property enforcement is a priority for the DoJ: “That is why last month I established the Intellectual Property Task Force. This task force is looking at how the department can strengthen and improve our efforts to combat theft of intellectual property. Built on the model established by our successful Corporate Fraud Task Force, the Intellectual Property Task Force will draw on all of the resources of the Department of Justice to send an unmistakable message – theft of intellectual property will not be tolerated.”

The apparent impetus for the Intellectual Property Task Force is a bill, currently in committee before the House of Representatives, that would target users of peer-to-peer networks and those who pirate copies of feature films. That bill, known as the “Piracy Deterrence and Education Act of 2004,” would be the first to make file sharing punishable with jail time. The proposed legislation would also set aside $15 million for the establishment of a new piracy deterrence program for the FBI and the creation of a DoJ-sponsored Internet-use education program.

For more information, e-mail Jennifer Short at jennifer.short@hklaw.com or call toll free, 1-888-688-8500.