I 
108TH CONGRESS 
1ST SESSION H. R. 2517
To enhance criminal enforcement of the copyright laws, educate the public 
about the application of copyright law to the Internet, and clarify the 
authority to seize unauthorized copyrighted works. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 19, 2003
Mr. SMITH of Texas (for himself, Mr. BERMAN, and Mr. CONYERS) introduced 
the following bill; which was referred to the Committee on the Judiciary 
A BILL 
To enhance criminal enforcement of the copyright laws, edu-
cate the public about the application of copyright law 
to the Internet, and clarify the authority to seize unau-
thorized copyrighted works.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Piracy Deterrence and 
Education Act of 2003’’. 
SEC. 2. FINDINGS. 
The Congress finds as follows:
(1) The Internet, while changing the way our 
society communicates, has also changed the nature 
of many crimes, including the theft of intellectual 
property. 
(2) Trafficking in copyrighted works through 
increasingly sophisticated electronic means, including 
peer-to-peer file trading networks, Internet chat 
rooms, and newsgroups, threatens lost jobs, lost in-
come for creators, lower tax revenue, and higher 
prices for honest purchasers. 
(3) The most popular peer-to-peer file trading 
software programs have been downloaded by com-
puter users over 200,000,000 times. At any one time 
there are over 3,000,000 users simultaneously using 
just one of these services. Each month, on average, 
over 2,300,000,000 digital-media files are trans-
ferred among users of peer-to-peer systems. 
(4) Many computer users either do not know 
that copyright laws apply to Internet activity or sim-
ply believe that they will not be caught or prosecuted 
for their conduct. 
(5) In addition, many of the computer users 
drawn to the convenience of peer-to-peer systems do 
not realize that these systems pose serious security 
and privacy threats to their personal computers or
company networks. Recent studies reveal that the 
majority of the users of these systems are unable to 
tell what files they are sharing and sometimes incor-
rectly assume they were not sharing any files when 
in fact they were sharing all files on their hard 
drive. 
(6) The security and privacy threats posed by 
peer-to-peer networks extend beyond users inadvert-
ently enabling a hacker to access files. Millions of 
copies of one of the most popular peer-to-peer net-
works contain software that could allow an inde-
pendent company to take over portions of users’ 
computers and Internet connections and has the ca-
pacity to keep track of users’ online habits. 
(7) In light of these considerations, it is impor-
tant that Federal law enforcement agencies actively 
pursue criminals who steal the copyrighted works of 
others, and prevent such activity through enforce-
ment and awareness. It is also important that the 
public be educated about the security and privacy 
risks associated with being connected to an unau-
thorized peer-to-peer network. 
(8) In addition, the Bureau of Customs and 
Border Protection of the Department of Homeland 
Security has the authority to act against infringe-
ments of copyrighted works, including those works 
protected under the Berne Convention and the 
Agreement on Trade Related Aspects of Intellectual 
Property of the World Trade Organization. Under 
United States law, merchandise can be seized by or 
forfeited to the Bureau of Customs and Border Pro-
tection if ‘‘it is merchandise or packaging in which 
copyright, trademark, or trade name protection vio-
lations are involved’’ (section 596(c)(2)(C) of the 
Tariff Act of 1930 (19 U.S.C. 1595a(c)(2)(C)). 
(9) Though the regulations of the Bureau of 
Customs and Border Protection (section 133.31 of 
title 19, Code of Federal Regulations) provide that 
registered copyrighted works may be recorded with 
the Bureau for ‘‘import protection,’’ recordation is 
not explicitly required before infringing merchandise 
can be seized or forfeited. Notwithstanding present 
legal authority, there have been concerns raised 
about the authority of the Bureau of Customs and 
Border Protection to seize infringing copyrighted 
materials that have neither been registered with the 
United States Copyright Office or recorded with the 
Bureau. 
(10) Neither United States nor foreign works 
require registration with the Copyright Office for
protection of the copyright in those works. United 
States works require registration only before an ac-
tion for infringement is brought under title 17, 
United States Code. A foreign work need not be reg-
istered to bring such an action for infringement, and 
none of the rights contained in title 17, United 
States Code, including the right to control distribu-
tion in section 106 of that title or importation under 
section 602 of that title, are contingent upon reg-
istration. In accordance with the international obli-
gations of the United States barring the use of for-
malities, United States law gives foreign copyright 
owners direct access to United States courts and 
procedures without resort to any registration re-
quirement, and section 603 of title 17, United 
States Code, directs the Secretary of the Treasury 
and the United States Postal Service to separately 
or jointly make regulations for the enforcement of 
the provisions of title 17, United States Code, pro-
hibiting importation. 
(11) Notwithstanding the preceding provisions 
of this section, the Bureau of Customs and Border 
Protection has been unclear about its legal authority 
to seize infringing copyrighted materials that have 
neither been registered with the Copyright Office nor
recorded with the Bureau. To provide clarity, it is 
necessary to specify the authority of the Bureau of 
Customs and Border Protection to seize infringing 
materials protected by the copyright laws, with or 
without registration or recordation. 
SEC. 3. DETERRENCE AND COORDINATION. 
The Director of the Federal Bureau of Investigation 
shall—
(1) develop a program to deter members of the 
public from committing acts of copyright infringe-
ment by—
(A) offering on the Internet copies of copy-
righted works, or 
(B) making copies of copyrighted works 
from the Internet, 
without the authorization of the copyright owners; 
and 
(2) facilitate the sharing among law enforce-
ment agencies, Internet service providers, and copy-
right owners of information concerning activities de-
scribed in subparagraphs (A) and (B) of paragraph 
(1). 
The program under paragraph (1) shall include issuing 
appropriate warnings to individuals engaged in an activity
described in subparagraph (A) or (B) of paragraph (1) 
that they may be subject to criminal prosecution. 
SEC. 4. DESIGNATION AND TRAINING OF AGENTS IN COM-
PUTER HACKING AND INTELLECTUAL PROP-
ERTY UNITS. 
(a) DESIGNATION OF AGENTS IN CHIPS UNITS.—
The Attorney General shall ensure that any unit in the 
Department of Justice responsible for investigating com-
puter hacking or responsible for investigating intellectual 
property crimes is assigned at least one agent to support 
such unit for the purpose of investigating crimes relating 
to the theft of intellectual property. 
(b) TRAINING.—The Attorney General shall ensure 
that each agent assigned under subsection (a) has received 
training in the investigation and enforcement of intellec-
tual property crimes. 
SEC. 5. EDUCATION PROGRAM. 
(a) ESTABLISHMENT.—There shall be established 
within the Office of the Associate Attorney General of the 
United States an Internet Use Education Program. 
(b) PURPOSE.—The purpose of the Internet Use 
Education Program shall be to—
(1) educate the general public concerning the 
value of copyrighted works and the effects of the 
theft of such works on those who create them;
(2) educate the general public concerning the 
privacy, security, and other risks of using the Inter-
net to obtain unauthorized copies of copyrighted 
works; 
(3) coordinate and consult with the Department 
of Education on compliance by educational institu-
tions with applicable copyright laws involving Inter-
net use; and 
(4) coordinate and consult with the Department 
of Commerce on compliance by corporations with ap-
plicable copyright laws involving Internet use. 
SEC. 6. CUSTOMS RECORDATION. 
(a) REGISTRATION AND INFRINGEMENT ACTIONS.—
Section 411(a) of title 17, United States Code, is amended 
by inserting after the first sentence the following: ‘‘An ac-
tion for infringement of the copyright in any United States 
work shall not include any action brought by the Govern-
ment of the United States or by any agency or instrumen-
tality thereof.’’. 
(b) INFRINGING IMPORTATION.—Section 602(a) of 
title 17, United States Code, is amended by inserting be-
fore the period at the end of the first sentence the fol-
lowing: ‘‘, regardless of whether that work has been reg-
istered with the Copyright Office or recorded with the Bu-
reau of Customs and Border Protection of the Department 
of Homeland Security’’. 
(c) IMPORTATION PROHIBITIONS.—Section 603(a) of 
title 17, United States Code, is amended by inserting be-
fore the period the following: ‘‘of copies or phonorecords 
of a work protected under this title, regardless of whether 
that work has been registered with the Copyright Office 
or recorded with the Bureau of Customs and Border Pro-
tection of the Department of Homeland Security’’. 
SEC. 7. INFRINGEMENT WARNING NOTICE. 
The Attorney General shall, within 3 months after 
the date of the enactment of this Act, set forth criteria 
under which copyright owners designated by the Attorney 
General will be able to use the seal of the Federal Bureau 
of Investigation for deterrent purposes in connection with 
physical and digital copies and phonorecords and digital 
transmission of their works of authorship.
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