US Captitol - Source: kmmcoy, wikimedia

The Intellectual Property Enforcement Act of 2008 has passed through the Senate, with slight modification.

However, a controversial measure granting the Justice Department the authority to sue copyright infringers on behalf of Hollywood and the music industry was removed after the White House lobbied against assuming those new powers.

…

“We are pleased that the Senate bill as passed does not include the egregious provision allowing the Justice Department to file civil suits against alleged copyright violators on behalf of copyright holders,” she said.

The White House, in successfully pressuring for a rewrite to the legislation, said the original proposal requiring the attorney general to sue copyright infringers “could result in Department of Justice prosecutors serving as pro bono lawyers for private copyright holders regardless of their resources. In effect, taxpayer-supported department lawyers would pursue lawsuits for copyright holders, with monetary recovery going to industry.”

I bet this will fly through the house.

Edit: Only the amendments have been voted on.  Sorry for the misinformation.

• Wired
• Ars Technica
• Slashdot

With a 14-4 vote, the EIPA has made it through the Senate Judiciary Committee.

Sweeping legislation granting the U.S. Justice Department the ability to prosecute civil cases of copyright infringement sailed through the Senate Judiciary Committee 14-4 on Thursday, and is expected to hit the Senate floor for a vote soon.

One lawmaker from the 19-member panel, Sen. Joe Biden, did not vote, although several members voted by proxy. Biden, of Delaware, is the running mate to presidential contender Sen. Barack Obama, the Democrat from Illinois.

My optimistic prediction has been shattered. Come on EFF, make more noise. (Update: I had originally written “senate”, not “Senate Judiciary Committee”. Sorry for the confusion.)

• Wired

Last week, the Senate introduced the Enforcement of Intellectual Property Rights Act of 2008.

Last week, members of the Senate Judiciary Committee introduced the “Enforcement of Intellectual Property Rights Act of 2008,” a bill that proposes a number of alarming changes to copyright law. The bill is the Senate’s gift to big content owners, creating new and powerful tools — many of which will be paid for by your tax dollars — for the entertainment industry to go after infringers. But it doesn’t offer a lick of protection for legitimate innovators and technology users that may be buried by the copyright juggernaut.

One of the bill’s most disturbing changes would give the Attorney General new powers to sue individuals on behalf of rightsholders like the MPAA and the RIAA. Bill proponents claim that these new powers, which would allow the AG to bring “milder” civil as well as criminal actions, are necessary because some offenses don’t rise to the level of criminal conduct. This justification just doesn’t make sense. If it’s a low-level offense, why should our top cops pursue it? Traditionally, those types of offenses can and will be pursued by the parties who believe they have actually been harmed, namely the copyright owners. The real “problem” may be that some so-called “offenses” can’t be proven beyond a reasonable doubt, the standard for any crime. This new provision would allow the AG to sidestep that high burden of proof — a burden that gives the average citizen an important measure of protection from the overwhelming power of the government.

• EFF

A strict IP bill (H.R. 4279) was passed in the house, calling for higher priority of IP law enforcement.

Specifically, federal civil law would be amended to: (1) provide a safe harbor for copyright registrations that contain inaccurate information so such technical errors would not prevent a judgment for infringement; (2) provide that copyright registration requirements, like the necessity of filing a registration before suing an infringer, apply to civil — not criminal — infringement actions; (3) require courts to issue protective orders to prevent disclosure of seized records relating to copyright infringement; (4) revise standards for civil damages in copyright infringement and counterfeiting cases; and (5) prohibit importing and exporting of infringing copies of copyrighted works.

Federal criminal law would be amended to: (1) enhance criminal penalties for infringement of a copyright, for trafficking in counterfeit labels or packaging, and for causing serious bodily harm or death while trafficking in counterfeit goods or services; and (2) enhance civil and criminal forfeiture provisions for copyright infringement and provide for restitution to victims of such infringement.

The Slashdot summary made some good points: “It would allow the Feds to seize hardware that has even one file coming from ‘dubious origins,’ e.g. downloaded from P2P. If passed into law, the bill would establish an Intellectual Property Enforcement Division within the office of the Deputy Attorney General.”  I think it’s interesting that the bill also calls for copyright registration even in civil cases.

• Billboard
• Gov Track
• Slashdot