Justice Goes After Copyright Infringers

WASHINGTON, D.C. – If Attorney General John Ashcroft has his way any time soon, people who infringe on copyrights via the Internet might end up owing the federal government tens of thousands of dollars and jail time for that download of the latest Outkast single.

A bill that could shift the power to penalize file-sharers into the hands of the Department of Justice is scheduled for a vote from the U.S. Senate as early as next week.

Calling it the Protecting Intellectual Rights Against Theft and Expropriation Act of 2004 (Pirate Act), the bill amends federal copyright law to authorize the Attorney General to file civil action against any person who engages in copyright infringement.

The Pirate Act amends the No Electronic Theft Act of 1997, giving the DOJ less burden of proof when it comes to prosecuting infringers, which in turn would make it easier to build a case against some of the more active providers of illegal downloads, according to lawmakers in support of the bill.

Sponsor Sen. Patrick Leahy, D-Vermont and co-sponsor by Sen. Orrin Hatch, R-Utah are hoping the bill will deter file-sharers for generations to come, but only after federal prosecutors have used tens of thousands of peer-to-peer users as example.

"I doubt that any nongovernmental organization has the resources or moral authority to pursue such a campaign," Hatch said.

In some cases, file-sharers caught in the floodlights of federal prosecutions could face fines as steep as $100,000 and a possible jail sentence.

The Pirate Act has gained massive support from the Recording Industry Association of America as well as representatives for the Motion Picture Association of America, who would benefit from the law insofar as transferring the financial burden from their shoulders onto the federal government.

Critics of the bill, which include executives from some of the leading file-sharing companies like Kazaa and trade group P2P United, are charging that the Pirate Act has managed to move through the legislative process with unusual stealth after only just being introduced in March 25 of this year.

Kazaa and others also contend that the entertainment industry has greased palms in Washington to get the bill on the fast-track, and that ultimately it will be the tax payer who will end up bearing the cost for the landslide of federal prosecutions to come.

"For too long, federal prosecutors have been hindered in their pursuit of pirates, by the fact that they were limited to bringing criminal charges with high burdens of proof," Leahy said in an opening statement before the Senate. "In the world of copyright, a criminal charge is unusually difficult to prove because the defendant must have known that his conduct was illegal and he must have willfully engaged in the conduct anyway.

"For this reason prosecutors can rarely justify bringing criminal charges, and copyright owners have been left alone to fend for themselves, defending their rights only where they can afford to do so. In a world in which a computer and an Internet connection are all the tools you need to engage in massive piracy, this is an intolerable predicament."

The Pirate Act also directs the Attorney General's office to develop a training program for Justice personnel to ensure that the law is properly implemented. The Justice would also be able to make use of some of the conditions of the U.S. Patriot Act, which includes the use of wiretaps to collect information on users.

Additionally, the RIAA and other industry trade organizations would be permitted to sue the same file-sharers the federal government already has.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Federal Appeals Court Vacates FTC 'Click to Cancel' Rule Pending Review

The U.S. Court of Appeals for the 8th Circuit on Tuesday vacated the Federal Trade Commission’s “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions, pending further review.

NYC Adult Stores Lose Challenge to Zoning Law, May Face Relocation

The U.S. Court of Appeals for the 2nd Circuit on Tuesday upheld a lower court’s decision to allow enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

FSC Drops Florida AV Lawsuit in Wake of SCOTUS Decision

A U.S. district court judge granted on Tuesday a motion by Free Speech Coalition to dismiss the trade association’s lawsuit over Florida’s age verification law, a case that had been on hold pending the Supreme Court’s recent ruling on the constitutionality of state AV laws.

Ukrainian President Responds to Porn Legalization Petition

President Volodymyr Zelensky responded Tuesday to an OnlyFans model’s petition to decriminalize pornography in Ukraine, stating that he would wait for the legislative process to play out “in accordance with established procedure.”

Only Tax Deductions Joins Pineapple Support as Sponsor

Adult industry accounting firm Only Tax Deductions has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Adult Empire Launches 'Conversations' Podcast Series

Adult Empire has launched a new official podcast series hosted by Nicole Chappelle and Charlie.

Sex Work CEO Launches 'Teams Plan' for AI Assistant

Sex Work CEO has introduced the new Teams Plan for its AI-powered, NSFW text generator, GPTease.

2025 XBIZ Amsterdam Website Launches With Call for Speakers

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

NC Governor Vetoes Bill Targeting Adult Industry, Override Possible

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

Show More