On July 24, 2008 Senator Patrick Leahy introduced Senate Bill 3325, dubbed the Enforcement of Intellectual Property Rights Act of 2008, which enhances the remedies available to intellectual property owners, as well as the penalties for copyright and other forms of IP infringement.
Among other changes to the IP enforcement landscape, the bill calls for: 1) the grant of private enforcement power to the Attorney General, in addition to preexisting criminal enforcement powers and available civil remedies; 2) the expansion of the government’s power to seize and destroy property used to infringe; and 3) the impoundment of business records relating to infringement pending trial.
The bill additionally calls for the presidential appointment of an Intellectual Property Enforcement Coordinator to oversee the enforcement regime and administer an inter-agency Joint Strategic Plan against counterfeiting and piracy. The Plan would include programs to provide training and technical assistance to foreign governments to enhance IP enforcement efforts. The bill also provides for Department of Justice grants to state and local law enforcement bodies, including local municipalities and public educational entities, to prevent and prosecute against acts of infringement.
The bill is the subject of intense scrutiny and disfavor among a number of citizen groups, including the American Association of Law Libraries and the Consumer Federation of America, who have collaborated in efforts to lobby against the bill. The new civil enforcement provisions face criticism for amounting to a tax-free enforcement subsidy for content owners. Additional significant concerns voiced over the bill are centered on privacy and property rights, particularly for "innocent bystanders" and individuals appropriating protected material for fair use purposes.
As of September 11, 2008 the revised bill was approved 14-4 by the Senate Judiciary Committee.