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While seeking to be thorough, the Strategic Plan does not attempt to provide an exhaustive analysis of all concerns that might be implicated by the unlawful misappropriation or use of intellectual property in all its forms. The issues are vast and constantly evolving in scope and complexity, and additional work will be required to continue to further develop and advance the direction laid out in this Strategic Plan. The U.S. Interagency Strategic Planning Committees on IP Enforcement have focused on collecting information and empirics to fashion and implement effective IP enforcement strategies, so we collectively can do more of what works and less of what does not work. In doing so, we are mindful that the Joint Strategic Plan may identify some problems with no immediately clear or comprehensive solution. In those instances, the problem-definition process should be viewed as a useful step to generate innovative thinking and solutions over the life of the plan. The way people use and access content – which has led to new and innovative uses of media (e.g., remixes and mashups involving music, video and the visual arts), and fair use, for example – will undoubtedly continue to evolve. We must work to foster creativity, understanding the role of exceptions and limitations as not only part of our body of laws, but as an important part of our culture. Indeed, it is the combination of strong copyright rights with a balance between the protection of rights and exceptions and limitations that encourages creativity, promotes innovation, and ensures our freedom of speech and creative expression are respected. IP enforcement options must be crafted to allow for effective measures against actors that unlawfully prey on the works of rights holders, while ensuring that enforcement activities do not affect lawful activity. Enhanced Private Sector Leadership and Public- Private Collaboration EXECUTIVE SUMMARY A Note on Copyright Infringement The term “piracy” describes the misappropriation and unlawful infringement of protected works, such as movies, television broadcasts, music, books, and other creative works. Without proper context, piracy may be misconstrued in the policy arena. For purposes of this Strategic Plan, discussions around “piracy” in the digital environment are focused on large-scale illicit business models that have been designed to intentionally and unlawfully infringe third-party copyrighted content, often for commercial gain. The Strategic Plan does not propose broad Federal enforcement in order to address any and all acts that may be deemed infringing. Rather, the Strategic Plan focuses more narrowly on actors that engage in a deliberate targeting and unlawful infringement of protected works. The Strategic Plan also calls attention to large-scale infringement on legitimate online platforms by illicit actors, and the need for new strategies and enhanced corporate leadership to address such acts. Nothing herein should be interpreted as limiting the scope of exceptions and limitations, such as fair use, under U.S. copyright law. To the contrary, the basic principles that have permitted the Internet to thrive must be safeguarded, and the Strategic Plan expressly recognizes and celebrates advancements in technology. Legitimate actors in the trade environment operate under the principle that the criminal exploitation of their respective businesses’ services or platforms is unacceptable. No business, however, is immune to such exploitation of its services, and no single entity or industry can effectively tackle these threats alone. The digital age has altered the manner in which syndicates can and do work to inflict serious harm (from selling fake medicines or automotive air bags online to delivering malware to unsuspecting online shoppers), including through the exploitation of intermediary services and platforms. In light of the seriousness and magnitude of the illicit activities in the online and traditional environments, enhanced private sector leadership remains important to ensure a sustained and focused approach to minimize these growing threats. This Strategic Plan has identified numerous circumstances where enhanced non-governmental leadership and public-private sector collaborations may yield beneficial results. Over the past few years, for example, several private-sector-led collaborative partnerships have emerged—comprised of leading Internet service providers, content producers, and brand owners, payment processors, advertisers, and ad networks, domain name registries, and others—with the laudable goal of minimizing the criminal exploitation of a business’s services or platforms by syndicates perpetrating consumer frauds and other illicit activities. 10
The Office of the Intellectual Property Enforcement Coordinator has worked to facilitate and support innovative private partnerships and voluntary stakeholder initiatives such as these. These new and evolving partnerships bring relevant private sector entities together to assess and share achievements realized against third-party exploitative acts, as well as to explore the possibility of strengthened governmentprivate collaboration and industry-led voluntary initiatives in the marketplace. Some examples of these collaborations and initiatives include: • An E-Commerce Marketplace Initiative, * a collaboration between the FBI and third-party online marketplaces, payment processors, and online advertising systems and platforms, ensures that appropriate analytical tools and techniques are in place to mitigate the manufacture, distribution, advertising, and sale of counterfeit products. • Domain Name Registry Best Practices, ** launched in partnership with the Motion Picture Association of America (MPAA) and the Donuts and Redix domain name registry platforms, works to promote a safe and secure domain name system. Under the program, a “trusted notifier” system has been established as part of collaborative efforts to mitigate blatant and pervasive illegal online activity in violation of platform terms of service. • The Center for Copyright Information (CCI), † † a collaboration between the content creators and certain Internet Services Providers (ISPs), seeks to educate consumers about the importance of copyright protection through an innovative Copyright Alert System (CAS) that notifies ISP subscribers when their accounts have been identified as involving illegal activity. • Centers of Excellence and Expertise (Centers), † launched by CBP, support enhanced industry outreach and collaboration on intellectual property and other enforcement matters by focusing on industry-specific issues across ten unique trading environments. The Centers are organized along the following industry sectors: Agriculture & Prepared Products; Apparel, Footwear & Textiles; Automotive & Aerospace; Base Metals; Consumer Products & Mass Merchandising; Electronics; Industrial & Manufacturing Materials; Machinery; Petroleum, Natural Gas & Minerals; and Pharmaceuticals, Health & Chemicals. • The Center for Safe Internet Pharmacies (CSIP), ‡ a nonprofit organization founded in 2011 by a group of Internet service providers and technology companies addresses the global problem of consumer access to illegitimate pharmaceuticals from illegal online pharmacies and other sources. CSIP and its members work to provide consumers and medical professionals with ways to verify online pharmacies, to report illegal online pharmacies or counterfeit pharmaceutical products, and to become educated about these issues. CSIP also collaborates with global law enforcement in support of efforts to end the threat of illegal online pharmacies. • Payment Industry Best Practices, ‡ ‡ established by leading credit card and payment processing companies, provide an identifiable complaint mechanism and procedures for withdrawing payment services to websites engaged in illicit IP-based activity, including content theft and counterfeiting. * See Department of Justice, “Justice Department Announces New Strategy to Combat Intellectual Property Crimes” (October 2, 2015), accessed from: https://www.justice.gov/opa/pr/justice-department- announces-new-strategy-combat-intellectual-property-crimes-and- 32-million; Federal Bureau of Investigation, “Countering the Growing Intellectual Property Theft Threat: Enhancing Ties Between Law Enforcement and Business” (January 22, 2016), accessed from: https:// www.fbi.gov/news/stories/countering-the-growing-intellectual-propertytheft-threat. † See CBP, “Centers of Excellence and Expertise,” accessed from: https:// www.cbp.gov/trade/centers-excellence-and-expertise-information. ‡ For more information, see The Center for Safe Internet Pharmacies at https://safemedsonline.org/. ** See, e.g., Castro, Daniel. The Hill. “Industry Cooperation Takes Another Step In Fighting Online Piracy” (March 3, 2016), accessed from: http:// thehill.com/blogs/pundits-blog/technology/271587-industry-cooperationtakes-another-step-in-fighting-online; see also Motion Picture Association of America, “Donuts and the MPAA Establish New Partnership to Reduce Online Piracy,” (February 9, 2016), accessed from http://www.mpaa. org/wp-content/uploads/2016/02/Donuts-and-MPAA-Establish-New- Partnership-2.9.16.pdf, and “Radix and the MPAA Establish New Partnership to Reduce Online Piracy,” (May 13, 2016), accessed from http://www.mpaa. org/wp-content/uploads/2016/05/Radix-and-the-MPAA-Establish-New- Partnership-to-Reduce-Online-Piracy.pdf. †† For more information, see The Center for Copyright Information at http:// www.copyrightinformation.org/. ‡‡ See The White House, “2013 Joint Strategic Plan on Intellectual Property Enforcement,” at p. 36, accessed from https://www.whitehouse.gov/sites/ default/files/omb/IPEC/2013-us-ipec-joint-strategic-plan.pdf. EXECUTIVE SUMMARY 11
Page 1: U.S. JOINT STRATEGIC PLAN ON INTELL
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ENDNOTES Office of the Intellectual
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ACKNOWLEDGEMENTS With thanks to, an
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