7 September 1997
The CCIPS is responsible for implementing the Justice Department's Computer Crime Initiative, a comprehensive program designed to address the growing global computer crime problem. Section attorneys are actively working with other government officials (e.g., the FBI, Department of Defense, NASA) the private sector (including hardware and software vendors and telecommunications companies), academic institutions, and foreign representatives to develop a global response to cyberattacks. These attorneys, who are responsible for resolving unique issues raised by emerging computer and telecommunications technologies, litigate cases, provide litigation support to other prosecutors, train federal law enforcement personnel, comment upon and propose legislation, and coordinate international efforts to combat computer crime.
Information is available via this web site about the following topics:
I. COMPUTER FRAUD AND ABUSE.
II. SEARCHING AND SEIZING COMPUTERS
III. PROTECTING INTELLECTUAL PROPERTY RIGHTS :
Copyrights, Trademarks and Trade Secrets
THE NATIONAL INFORMATION INFRASTRUCTURE PROTECTION ACT of 1996
In October 1996, the National Information Infrastructure Protection Act of 1996 was enacted as part of Public Law 104-294. It amended the Computer Fraud and Abuse Act, which is codified at 18 U.S.C. § 1030. Below you will find links to the amended version of 18 U.S.C. § 1030, as well as a legislative analysis, prepared by attorneys from the Computer Crime and Intellectual Property Section.
FEDERAL GUIDELINES FOR SEARCHING AND SEIZING COMPUTERS
The process of Searching and Seizing Computers raises unique issues for law enforcement personnel. The Federal Guidelines for searching and seizing computers illustrate some of the ways in which search a computer is different from searching a desk, a file cabinet, or an automobile.
FEDERAL GUIDELINES FOR PROSECUTION OF VIOLATIONS
OF INTELLECTUAL PROPERTY RIGHTS
(Copyrights, Trademarks and Trade Secrets)
The importance of the protection of intellectual property to the economic well-being and security of the United States cannot be overestimated. The Computer Crime and Intellectual Property Section wrote the attached manual to assist law enforcement in the investigation and prosecution of violations of federal criminal copyright, trademark, and trade secret laws. Section I of the manual contains an overview of the protection of intellectual property, and discusses the basic scope of copyright, trademark, and trade secret and patent law. Section II focuses on intellectual property entitled to copyright protection and Section III describes the applicability of various federal criminal statutes to copyright infringement. Section IV addresses the prosecution for trafficking in counterfeit goods under 18 U.S.C. § 2320. Section V discusses the prosecution of trade secret thefts and analyzes the recently enacted Economic Espionage Act of 1996. Finally, Section VI contains a list of contact persons, model indictments, search warrant affidavits, jury instructions, state criminal trade secret statutes, and the legislative history of the Copyright Felony Act and the Economic Espionage Act of 1996.
OPERATION "COUNTER COPY"
In early May, the Department of Justice and the Federal Bureau of Investigation released the first results of a nationwide law enforcement effort to crack down on trademark and copyright fraud, which is estimated to cost American businesses millions of dollars each year and cheat unsuspecting consumers who purchase counterfeit products. As a result of the joint effort, called Operation "Counter Copy," 35 indictments were returned since the beginning of April for copyright or trademark infringement. More information about Operation Counter Copy, including a press release and brief summaries of the cases, are available via the links below.
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