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Government Remedies
a) Involvement in Online Counterfeiting and Piracy
ICE plays a critical role in government enforcement of intellectual property rights on the Internet.
Following the passage of the PRO-IP Act of 2008, 14 which expanded the scope of civil forfeiture
remedies for trademark and copyright infringement, ICE has launched a number of operations
directed at Internet sites selling or distributing infringing goods and content.
b) Agency Limitations
ICE has taken the position that any domain name registered through a US-based registry is subject
to US jurisdiction for copyright or trademark infringement, but ICE’s efforts to protect intellectual
property on the Internet are limited by the jurisdictional bounds of U.S. law. 15
3. The National Intellectual Property Rights Coordination Center (“IPR Center”)
The ICE-initiated IPR Center has become the vanguard in the government’s fight against
criminal piracy and counterfeiting. 16 The IPR Center is an inter-agency task force, that was begun
by ICE in order to leverage the resources and expertise across the many government agencies that
participate in enforcing IP laws. 17 Its stated mission is to address the theft of innovation and
manufacturing that threatens U.S. economic and national security, U.S. Industry competitiveness in
world markets, and public health. 18 Acting as a “clearinghouse” for investigations into counterfeiting
and piracy, the IPR Center draws upon its 19 member agencies, including ICE and CBP, to
share information, develop initiatives, coordinate enforcement actions, and conduct investigations
of intellectual property theft. 19
a) Involvement in Online Counterfeiting and Piracy
In June 2010 the IPR Center, spearheaded by ICE, launched the first stage of “Operation in Our
Sites.” 20 The operation, still ongoing, targets websites selling counterfeit goods and pirated
merchandise, as well as those distributing digital copyrighted materials. 21 Subsequent stages of
Operation in Our Sites have been timed to coincide with dates on which pirate and counterfeit sales
were especially likely to occur (e.g. Cyber Monday, Super Bowl, and Valentine’s Day). 22 As of this
writing, at least 2,061 domain names have been seized. 23
Investigators consider several factors to determine which domain names to target, including:
• the popularity of the website, which often correlates with its profitability;
• whether the website is commercial in nature and earns a substantial amount of money—by
running advertisements, selling subscriptions, or selling merchandise; and
• whether seizing a site will have a substantial impact on piracy. 24
Once a suspicious website has been targeted, ICE investigators will obtain counterfeit goods or
pirated content from the site, verify with rightsholders that the goods are unauthorized, and apply
for a federal seizure warrant based on probable cause. Such a warrant can only be issued by a
federal judge, who agrees with ICE that the facts support issuance of a warrant.
As with all judicially authorized seizure warrants, owners of domains seized during Operation in
Our Sites have the opportunity to challenge a judge’s determination through a petition. Nevertheless,
the operation has drawn substantial criticism from free speech and civil liberties advocates.
Senator Ron Wyden (D-OR), Representative Zoe Lofgren (D-CA) and groups such as the Electronic
Frontier Foundation have denounced the seizures for constitutional violations of free speech and
due process.
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