SUMMARY OF STATEMENT OF KEVIN V. DI GREGORY DOJ logo

SUMMARY OF STATEMENT OF KEVIN V. DI GREGORY
DEPUTY ASSISTANT ATTORNEY GENERAL
UNITED STATES DEPARTMENT OF JUSTICE
BEFORE THE SUBCOMMITTEE ON
COURTS AND INTELLECTUAL PROPERTY
COMMITTEE ON THE JUDICIARY
UNITED STATES HOUSE OF REPRESENTATIVES

SEPTEMBER 11, 1997


The increasing prevalence of copyright theft through electronic means is creating new challenges for law enforcement. Computer pirates organized in gangs illegally distribute copyrighted software and other works at rapid speed, causing untold harm to the producers of such works.

The Department of Justice has responded to this challenge by creating a new Section in its Criminal Division devoted to protecting against computer crime and intellectual property theft. That Section is training federal and state prosecutors and agents on the techniques of combating this type of crime, and training foreign officials to help ensure that copyright is protected world-wide. The Department and the law enforcement agencies that protect copyright the Federal Bureau of Investigation and the U.S. Customs Service are placing increasing emphasis on investigating and prosecuting thefts of intellectual property, whether by physical or electronic means.

The Department is highly supportive of the goals of H.R. 2265. The bill would allow the Department to prosecute large-scale theft of copyright, even when the perpetrator was not acting out of a profit motive. The bill would also accomplish a number of other important objectives, including establishing a recidivist provision; extending the statute of limitations; clarifying that "financial gain" includes the receipt of other copyright works; clarifying that "reproduction or distribution" includes electronic as well as tangible means; extending victims' rights by permitting victim impact statements in intellectual property cases; and directing the Sentencing Commission to reflect more accurately the harms caused by copyright piracy by imposing sentence based on the retail value of the good infringed upon, rather than the value of the infringing product.

We look forward to working with the Committee on this important piece of legislation.

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