The Computer & Communications Industry Association responded
to a White House request for public input on intellectual property enforcement.
CCIA President & CEO Ed Black expressed frustration that despite what
policy makers learned from the problems with SOPA, PIPA and ACTA, they are
still attempting to address complex issues relating to intellectual property
and the Internet through a narrow paradigm that appears to be more geared
towards getting their enforcement agenda back on track – rather than examining
the whole scope of the problem and devising a balanced response.
The following can be attributed to CCIA President & CEO Ed
Black:
“It seems they still just don’t get it when it comes to the
Internet and intellectual property.
We're not talking about enforcing well-crafted laws; but rather a
cumbersome, out-dated regulatory behemoth desperately in need of reform. Our IP regulations date from the 19th
century, and the past three years have approached 21st century
ecosystem economics with a 20th century cops-and-robbers enforcement mindset
that produced SOPA, PIPA, and ACTA, and conflict, litigation, and
division. Though we are concerned
with the likely narrow focus of this undertaking, we support efforts to invite
participation by a broader set of stakeholders and the public.
“Enforcement will remain an elusive goal so long as the underlying
law is so fundamentally flawed. It
is time to chart a course appropriate for the 21st century. During its campaign and early days some
leaders in this administration demonstrated a thoughtful and deeper
understanding of the technology and Internet industry. We urge that the wisdom and
understanding glimpsed then will re-emerge soon.
“CCIA, which was an early leader in the fight against SOPA and
PIPA, will respond in-depth to the Administration's request for comments with
constructive proposals to address the full range of issues that need
attention.”
The federal register notice
asking for input on how the White House does IP enforcement is getting some
attention online from the millions of Internet users who flooded Capitol Hill
with phone calls in January opposing the SOPA/PIPA legislation. The
Hollywood-backed bills would have sacrificed how the Internet works in hopes of
further crackdowns on online infringement.
The White House’s Intellectual Property Enforcement Coordinator,
Victoria Espinel, is now
asking for public input on IP enforcement as part of its mandate under the
Pro IP Act of 2008. Espinel is charged with developing the administrations
joint enforcement plan and reporting to Congress every 3 years. So this request
does not necessarily signal a new sensitivity to the appearance of public input
following a swell of opposition to SOPA and PIPA and the more recent failure of
an initiative in Europe that would have expanded US IP enforcement overseas as
part of the Anti-Counterfeiting Trade Agreement.
Part of the activism against these IP enforcement measures stemmed
from frustration over a business-as-usual approach in which members of Congress
followed the demands of the movie and music industry, but did little to include
broader economic or public interests in meetings or hearings in crafting the
policy. Many companies, Internet
users, Internet engineers and cybersecurity experts wrote to Congress about
their serious concerns. Their input did not stop the legislation, but it helped
start the swell of opposition against it.
