A new IP criminal enforcement bill -- a draft of which was floating around last spring -- has been introduced in the House. H.R.5921 (sponsored by Rep. Sensenbrenner). Highlights include (1) redefining "trafficking" for certain IP offenses to include import, export, and possession with intent to distribute (tracking the new definition of "traffic" for counterfeiting cases added as part of the Stop Counterfeiting in Manufactured Goods Act in March 2006); (2) a bunch of new forfeiture provisions; (3) attempt and conspiracy provisions for criminal copyright infringement; and (4) big increases in maximum sentences (which are generally doubled). One notable change from the previous draft circulated in April is the absence of any new wiretapping authority for IP crimes (which had been in Sec. 16 of the April draft).
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