Action Alert: Tell the Senate to Hold Up the Enforcement Bill

NOTE: The Senate passed S. 3325 on September 26th. Thanks to efforts by you and many others some of the worst parts of the bill were stripped before passage.

Last week, the Senate Judiciary Committee gave the green light to S. 3325, the Enforcement of Intellectual Property Act of 2008. We need you to show them the red light, NOW! This intellectual property enforcement bill lets the DOJ enforce civil copyright claims and lets the government do the MPAA and RIAA’s copyright enforcement work for them—at the taxpayers’ expense.

CLICK HERE TO CALL THE SENATE JUDICIARY MEMBERS NOW

CLICK HERE TO SEND YOUR MEMBERS A FAX

By allowing the federal government to sue infringers in civil court, the DOJ would be asking a court for monetary damages on behalf of content owners. In a civil suit brought by the government, the defendant loses many of the protections he possesses in a criminal action—including his right to free legal representation. What’s more, the government’s legal burden of proof is lower: the government only needs to prove infringement with a “preponderance of the evidence,” meaning that it’s more likely than not that infringement occurred, as opposed to the usual criminal standard of “beyond a reasonable doubt.”

Does the content industry need this help from the Department of Justice? Absolutely not! In the last five years, the RIAA filed or threatened more than 30,000 suits against alleged infringers. If the Enforcement bill passes, not only will the number of such suits increase—they’ll also be paid for with your tax dollars.

Now, the bill’s backers are pushing to have it pass the Senate as early as today via a streamlined procedure, without the full Senate voting on the measure. Tell members of the Senate Judiciary Committee that you don’t want your tax dollars spent on DOJ’s civil enforcement of copyright, and to put a hold on the bill.

CLICK HERE TO CALL THE SENATE JUDICIARY MEMBERS NOW

CLICK HERE TO SEND YOUR MEMBERS A FAX

To learn more about the Enforcement bill:

Your Letter

I am writing to express my concern regarding S. 3325, the Enforcement of Intellectual Property Act of 2008.

I am particularly concerned that the bill allows the federal government to sue infringers in civil court, in order to extract monetary damages on behalf of content owners. Not only does this allow large entertainment companies to use both taxpayer dollars and the Department of Justice as copyright enforcement “tools,” it also strips the defendant of many of the rights and safeguards provided in a criminal case, while lowering the government’s burden of proof for finding an infringement..

Given that during the last five years, the RIAA alone has filed and threatened some 30,000 suits against alleged infringers, it is quite clear that the content industry does not need any help when it comes to enforcing its rights. Taxpayer dollars and the Department of Justice should not be used to enforce the rights of private companies and the rights of citizens must be respected. I urge you to put a hold on S. 3325, so that the aforementioned provision can be more closely examined and reconsidered for inclusion in the bill.

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