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Chapter 4
GOVERNMENT REMEDIES
I. SECTION POSITION
The IPL Section favors legislation authorizing the U.S. Government to conduct investigations and
institute criminal and civil enforcement proceedings against Predatory Foreign Websites. The
Section also supports legislation granting the U.S. Government the authority to seek issuance of
court orders enjoining intermediaries from conducting transactions with Predatory Foreign
Websites.
II.
SECTION RESOLUTION: TF-08
RESOLVED, the IPL Section supports providing for legislation enabling the U.S. Government to
prosecute criminally and/or undertake civil enforcement of copyright piracy and trademark
counterfeiting initiated by Predatory Foreign Websites as defined by resolution TF-06 and directed
to U.S. end-users/customers.
NOW THEREFORE, the IPL Section supports the enactment of legislation authorizing the U.S.
Government to undertake both criminal and civil investigations and enforcement activities against
Predatory Foreign Websites, and to seek the issuance of court orders enjoining intermediaries from
conducting business with such websites.
III.
DISCUSSION
A. Background
One of the challenges posed by extra-territorial Internet piracy is maximizing resources available
to enforce intellectual property rights against non-U.S.-based infringing websites. In today’s global
and increasingly ideas-based economy, the enforcement of intellectual property rights is no longer
simply the cost of doing business, but a national economic concern costing the United States
billions of dollars each year. 1 Moreover, the proliferation of Internet shopping combined with the
high profit margins and perceived low risk from selling infringing goods, has resulted in more
prevalent, more sophisticated, and more dangerous counterfeit and pirated goods. 2 Efforts to
combat infringement therefore demand a national solution that brings to bear both public and
private resources.
The IPL Section examines the federal government’s current role in efforts to combat online counterfeiting
and piracy, as well as recent legislative proposals that have sought to expand the
government’s ability to police infringements emanating from beyond U.S. jurisdictional bounds. It
explores how balancing a public right of action with a private right of action would best maximize
resources available in the combat against extra-territorial online piracy and counterfeiting. This
section focuses solely on efforts concerning websites that are based outside of the United States
and dedicated to activities that infringe U.S. intellectual property rights.
There is no uniform term to describe foreign websites that engage in online piracy and counterfeiting.
For the sake of brevity, this paper will use the term “Predatory Foreign Websites” defined in
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