The Enforcement of Intellectual Property Rights Act of 2008

A bill to enhance remedies for violations of intellectual property laws, and for other purposes.

10/13/2008--Public Law. Prioritizing Resources and Organization for Intellectual Property Act of 2008 - Title I: Enhancements to Civil Intellectual Property Laws -
(Sec. 101) Amends federal copyright law to provide that copyright registration requirements apply to civil (not criminal) infringement actions and provide a safe harbor for copyright registrations that contain inaccurate information.

(Sec. 102) Allows a court, while an infringement action is pending, to impound records documenting the manufacture, sale, or receipt of related things, requiring a protective order to ensure that confidential, private, proprietary, or privileged information is not improperly disclosed or used.
Amends trademark seizure provisions to broaden protective order requirements.

(Sec. 103) Amends the Trademark Act to revise treble damages provisions and double statutory damages in counterfeiting cases.

(Sec. 104) Doubles statutory damage minimums and maximums for the use of counterfeit trademarks.

(Sec. 105) Makes exportation of copies or phonorecords without the copyright owner's authority an infringement. (Importation is already an infringement.)
Title II: Enhancements to Criminal Intellectual Property Laws -
(Sec. 205) Imposes criminal penalties if, in intentionally trafficking in counterfeit goods or services, an offender knowingly or recklessly causes serious bodily injury or death.
Prohibits the transshipment or exportation of counterfeit goods or services and deems such acts to be violations of the Acts commonly referred to as the Trademark Act of 1946 or the Lanham Act.

(Sec. 206) Requires, for civil and criminal violations of certain provisions, the forfeiture and destruction of any articles involved, any property used in commission of the offense, and property constituting or derived from proceeds obtained directly or indirectly from the offense. (Those provisions relate to:
(1) economic espionage involving trade secrets and benefiting any foreign government, instrumentality, or agent;
(2) criminal copyright infringement;
(3) trafficking in counterfeit goods or services;
(4) unauthorized fixation of, and trafficking in, sound and video recordings of live musical performances; and
(5) unauthorized recording of motion pictures.)
Requires, in addition, restitution for violation of such provisions.

(Sec. 208) Revises the penalties applicable to various criminal copyright violations.
Title III: Coordination and strategic Planning of Federal Effort Against Counterfeiting and Infringement -
(Sec. 301) Directs the President to appoint an Intellectual Property Enforcement Coordinator (IPEC). Includes in the IPEC's duties chairing the interagency intellectual property enforcement advisory committee (IIPEAC) established by this Act and coordinating the development, and assisting in the implementation, of the IIPEAC's Joint Strategic Plan against counterfeiting and piracy.

(Sec. 303) Requires the Plan to include in its objectives:
(1) reducing counterfeit and infringing goods in the domestic and international supply chain;
(2) identifying and addressing structural weaknesses, systemic flaws, or other unjustified impediments to effective enforcement;
(3) ensuring that information is identified and shared among the relevant departments and agencies;
(4) disrupting and eliminating domestic and international counterfeiting and infringement networks; and
(5) providing training and technical assistance to foreign governments to enhance those governments' enforcement of counterfeiting and infringement laws. Requires a report every three years to the House and Senate Judiciary and Appropriations Committees.

(Sec. 304) Requires an annual report to Congress on the IIPEAC's activities.

(Sec. 305) Amends the Treasury and General Government Appropriations Act, 2000 to repeal provisions establishing the National Intellectual Property Law Enforcement Coordination Council, effective on Senate confirmation of the IPEC.

(Sec. 306) Authorizes appropriations to carry out this title.
Title IV: Department of Justice Programs -
(Sec. 401) Amends the Computer Crime Enforcement Act to allow existing grants to combat computer crime to be used for activities relating to infringement of copyrighted works over the Internet. Authorizes appropriations. Authorizes the Office of Justice Programs of the Department of Justice (DOJ) to make grants for training, prevention, enforcement, and prosecution of intellectual property theft and infringement crimes. Authorizes appropriations.

(Sec. 402) Requires the Attorney General, subject to appropriations, to:
(1) ensure that there are at least 10 additional operational Federal Bureau of Investigation (FBI) agents designated to support the DOJ's Computer Crime and Intellectual Property section on the investigation and coordination of intellectual property crimes;
(2) increase by at least one the number of FBI agents supporting any DOJ Computer Hacking and Intellectual Property Crime Unit;
(3) ensure that all such Units located at a U.S. Attorney's office are assigned at least two Assistant United States Attorneys;
(4) ensure the implementation of a regular and comprehensive intellectual property training program; and
(5) create and implement a comprehensive, long-range plan to investigate and prosecute international organized crime syndicates engaging in or supporting crimes relating to intellectual property theft. Authorizes appropriations.

(Sec. 403) Authorizes appropriations to hire and train law enforcement officers to investigate and prosecute intellectual property crimes and other crimes committed using information technology, including through the Internet, and to enable DOJ units to procure advanced tools of forensic science and expert computer forensic assistance to investigate, prosecute, and study such crimes.

(Sec. 404) Directs the Attorney General and the FBI's director each to report annually to Congress on actions to carry out this title.
Title V: Miscellaneous -
(Sec. 501) Requires the Comptroller General to report to Congress on how the federal government could better protect the intellectual property of manufacturers by quantification of the impacts of imported and domestic counterfeit goods on the U.S. manufacturing industry and on the overall U.S. economy.

(Sec. 502) Requires the Comptroller General to report to the House and Senate Judiciary Committees on the Judiciary of the Senate and to the Committee on the Judiciary of the House of Representatives on:
(1) the actions of the IPEC and the Attorney General in carrying out this Act;
(2) any possible legislative, administrative, or regulatory changes to better achieve this Act's goals and purposes;
(3) the effectiveness of any actions taken by the IPEC and the Attorney General to minimize duplicating the efforts, materials, facilities, and procedures of any other federal agency and to enhance efficiency and consistency in enforcing, investigating, or prosecuting intellectual property crimes; and
(4) any actions to reduce duplication of efforts and increase that efficiency and consistency.

(Sec. 503) Expresses the sense of Congress that:
(1) effective criminal enforcement of the intellectual property laws should be among the Attorney General's highest priorities; and
(2) the Attorney General shall give priority to intellectual property theft cases with a nexus to terrorism and organized crime.
Expresses the sense of Congress that, with respect to criminal counterfeiting and infringement of computer software, the Attorney General should give priority to cases:
(1) involving willful theft for commercial advantage or private financial gain;
(2) where the theft is central to the viability of the commercial activity of the enterprise (or subsidiary) involved in the violation;
(3) where the counterfeited or infringing goods or services enable unfair competition; or
(4) where there is actual knowledge of the theft by the directors or officers of the enterprise.


... morehide bill summary

Sponsor

• Sen. Patrick Leahy [D, VT]
• and 21 Co-Sponsors
  • Sen. Lamar Alexander [R, TN]
  • Sen. Evan Bayh [D, IN]
  • Sen. Christopher Bond [R, MO]
  • Sen. Barbara Boxer [D, CA]
  • Sen. Sherrod Brown [D, OH]
  • Sen. Benjamin Cardin [D, MD]
  • Sen. Hillary Clinton [D, NY]
  • Sen. Bob Corker [R, TN]
  • Sen. John Cornyn [R, TX]
  • Sen. Dianne Feinstein [D, CA]
  • Sen. Lindsey Graham [R, SC]
  • Sen. Judd Gregg [R, NH]
  • Sen. Orrin Hatch [R, UT]
  • Sen. Kay Hutchison [R, TX]
  • Sen. Carl Levin [D, MI]
  • Sen. Charles Schumer [D, NY]
  • Gordon Smith
  • Sen. Arlen Specter [D, PA]
  • Sen. Debbie Ann Stabenow [D, MI]
  • Sen. George Voinovich [R, OH]
  • Sen. Sheldon Whitehouse [D, RI]
  close

Committees

• Senate Judiciary

Amendments

This bill has 1 amendments. See All AmendmentsHide All Amendments

Amendments to S.3325

Number	Status	Purpose
S.Amdt.5655	Pass	In the nature of a substitute.

Bill Status

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Introduced		Voted on by Senate		Voted on by House		Considered By President		This Bill Has Become Law
July 24, 2008		September 26, 2008		September 28, 2008		October 13, 2008		October 13, 2008

Latest Vote

September 28, 2008Roll call number 664 in the House
Question: On Motion to Suspend the Rules and Pass: S 3325
Required percentage of 'Aye' votes: 2/3 (66%)	Percentage of 'aye' votes: 87%	Result: Passed

Democrats Voting 'Aye'

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Rep. Neil Abercrombie [D, HI-1]
Rep. Gary Ackerman [D, NY-5]
Thomas Allen
Rep. Jason Altmire [D, PA-4]
Rep. Robert Andrews [D, NJ-1]
Rep. Michael Arcuri [D, NY-24]
Rep. Joe Baca [D, CA-43]
Rep. Tammy Baldwin [D, WI-2]
Rep. John Barrow [D, GA-12]
Rep. Melissa Bean [D, IL-8]
Rep. Xavier Becerra [D, CA-31]
Rep. Shelley Berkley [D, NV-1]
Rep. Howard Berman [D, CA-28]
Rep. Robert Berry [D, AR-1]
Rep. Timothy Bishop [D, NY-1]
Rep. Sanford Bishop [D, GA-2]
Rep. Dan Boren [D, OK-2]
Rep. Leonard Boswell [D, IA-3]
Rep. Allen Boyd [D, FL-2]
Nancy Boyda
Rep. Robert Brady [D, PA-1]
Rep. Bruce Braley [D, IA-1]
Rep. Corrine Brown [D, FL-3]
Rep. George Butterfield [D, NC-1]
Rep. Lois Capps [D, CA-23]
Rep. Michael Capuano [D, MA-8]
Rep. Russ Carnahan [D, MO-3]
Rep. Christopher Carney [D, PA-10]
Rep. André Carson [D, IN-7]
Rep. Kathy Castor [D, FL-11]
Donald Cazayoux
Rep. Ben Chandler [D, KY-6]
Rep. Travis Childers [D, MS-1]
Rep. Yvette Clarke [D, NY-11]
Rep. Emanuel Cleaver [D, MO-5]
Rep. James Clyburn [D, SC-6]
Rep. Steve Cohen [D, TN-9]
Rep. John Conyers [D, MI-14]
Rep. Jim Cooper [D, TN-5]
Rep. Jim Costa [D, CA-20]
Rep. Jerry Costello [D, IL-12]
Rep. Joe Courtney [D, CT-2]
Robert Cramer
Rep. Joseph Crowley [D, NY-7]
Rep. Henry Cuellar [D, TX-28]
Rep. Elijah Cummings [D, MD-7]
Rep. Lincoln Davis [D, TN-4]
Rep. Danny Davis [D, IL-7]
Rep. Susan Davis [D, CA-53]
Rep. Artur Davis [D, AL-7]
Rep. Peter DeFazio [D, OR-4]
Rep. Diana DeGette [D, CO-1]
Rep. William Delahunt [D, MA-10]
Rep. Rosa DeLauro [D, CT-3]
Rep. Norman Dicks [D, WA-6]
Rep. John Dingell [D, MI-15]
Rep. Lloyd Doggett [D, TX-25]
Rep. Joe Donnelly [D, IN-2]
Rep. Thomas Edwards [D, TX-17]
Rep. Keith Ellison [D, MN-5]
Rep. Brad Ellsworth [D, IN-8]
Rep. Rahm Emanuel [D, IL-5]
Rep. Anna Eshoo [D, CA-14]
Rep. Bob Etheridge [D, NC-2]
Rep. Sam Farr [D, CA-17]
Rep. Chaka Fattah [D, PA-2]
Rep. Bob Filner [D, CA-51]
Rep. Bill Foster [D, IL-14]
Rep. Barney Frank [D, MA-4]
Rep. Gabrielle Giffords [D, AZ-8]
Rep. Kirsten Gillibrand [D, NY-20]
Rep. Charles Gonzalez [D, TX-20]
Rep. Barton Gordon [D, TN-6]
Rep. Al Green [D, TX-9]
Rep. Raymond Green [D, TX-29]
Rep. Raul Grijalva [D, AZ-7]
Rep. John Hall [D, NY-19]
Rep. Phil Hare [D, IL-17]
Rep. Jane Harman [D, CA-36]
Rep. Alcee Hastings [D, FL-23]
Rep. Brian Higgins [D, NY-27]
Rep. Baron Hill [D, IN-9]
Rep. Maurice Hinchey [D, NY-22]
Rep. Rubén Hinojosa [D, TX-15]
Rep. Mazie Hirono [D, HI-2]
Rep. Paul Hodes [D, NH-2]
Rep. Tim Holden [D, PA-17]
Rep. Rush Holt [D, NJ-12]
Darlene Hooley
Rep. Steny Hoyer [D, MD-5]
Rep. Jay Inslee [D, WA-1]
Rep. Steve Israel [D, NY-2]
Rep. Jesse Jackson [D, IL-2]
Rep. Sheila Jackson-Lee [D, TX-18]
Rep. Eddie Johnson [D, TX-30]
Rep. Henry Johnson [D, GA-4]
Rep. Steve Kagen [D, WI-8]
Rep. Paul Kanjorski [D, PA-11]
Rep. Marcy Kaptur [D, OH-9]
Rep. Patrick Kennedy [D, RI-1]
Rep. Dale Kildee [D, MI-5]
Rep. Carolyn Kilpatrick [D, MI-13]
Rep. Ronald Kind [D, WI-3]
Rep. Ron Klein [D, FL-22]
Nicholas Lampson
Rep. James Langevin [D, RI-2]
Rep. Rick Larsen [D, WA-2]
Rep. John Larson [D, CT-1]
Rep. Sander Levin [D, MI-12]
Rep. John Lewis [D, GA-5]
Rep. Daniel Lipinski [D, IL-3]
Rep. David Loebsack [D, IA-2]
Rep. Nita Lowey [D, NY-18]
Rep. Stephen Lynch [D, MA-9]
Tim Mahoney
Rep. Carolyn Maloney [D, NY-14]
Rep. Edward Markey [D, MA-7]
Rep. James Marshall [D, GA-8]
Rep. Jim Matheson [D, UT-2]
Rep. Doris Matsui [D, CA-5]
Rep. Carolyn McCarthy [D, NY-4]
Rep. Betty McCollum [D, MN-4]
Rep. James McGovern [D, MA-3]
Rep. Mike McIntyre [D, NC-7]
Rep. Jerry McNerney [D, CA-11]
Michael McNulty
Rep. Kendrick Meek [D, FL-17]
Rep. Gregory Meeks [D, NY-6]
Rep. Charles Melancon [D, LA-3]
Rep. Michael Michaud [D, ME-2]
Rep. Brad Miller [D, NC-13]
Rep. Harry Mitchell [D, AZ-5]
Rep. Alan Mollohan [D, WV-1]
Rep. Dennis Moore [D, KS-3]
Rep. James Moran [D, VA-8]
Rep. Christopher Murphy [D, CT-5]
Rep. Patrick Murphy [D, PA-8]
Rep. John Murtha [D, PA-12]
Rep. Jerrold Nadler [D, NY-8]
Rep. Grace Napolitano [D, CA-38]
Rep. Richard Neal [D, MA-2]
Rep. James Oberstar [D, MN-8]
Rep. David Obey [D, WI-7]
Rep. John Olver [D, MA-1]
Rep. Solomon Ortiz [D, TX-27]
Rep. Frank Pallone [D, NJ-6]
Rep. William Pascrell [D, NJ-8]
Rep. Edward Pastor [D, AZ-4]
Rep. Ed Perlmutter [D, CO-7]
Rep. Earl Pomeroy [D, ND-0]
Rep. David Price [D, NC-4]
Rep. Nick Rahall [D, WV-3]
Rep. Charles Rangel [D, NY-15]
Rep. Silvestre Reyes [D, TX-16]
Rep. Laura Richardson [D, CA-37]
Rep. Ciro Rodriguez [D, TX-23]
Rep. Mike Ross [D, AR-4]
Rep. Steven Rothman [D, NJ-9]
Rep. Lucille Roybal-Allard [D, CA-34]
Rep. C.A. Ruppersberger [D, MD-2]
Rep. Timothy Ryan [D, OH-17]
Rep. John Salazar [D, CO-3]
Rep. Linda Sánchez [D, CA-39]
Rep. John Sarbanes [D, MD-3]
Rep. Janice Schakowsky [D, IL-9]
Rep. Adam Schiff [D, CA-29]
Rep. Allyson Schwartz [D, PA-13]
Rep. David Scott [D, GA-13]
Rep. Robert Scott [D, VA-3]
Rep. Joe Sestak [D, PA-7]
Rep. Carol Shea-Porter [D, NH-1]
Rep. Brad Sherman [D, CA-27]
Rep. Heath Shuler [D, NC-11]
Rep. Albio Sires [D, NJ-13]
Rep. Ike Skelton [D, MO-4]
Rep. Louise Slaughter [D, NY-28]
Rep. Adam Smith [D, WA-9]
Rep. Victor Snyder [D, AR-2]
Rep. Hilda Solis [D, CA-32]
Rep. Zachary Space [D, OH-18]
Rep. John Spratt [D, SC-5]
Rep. Fortney Stark [D, CA-13]
Rep. Bart Stupak [D, MI-1]
Rep. Betty Sutton [D, OH-13]
Rep. John Tanner [D, TN-8]
Rep. Ellen Tauscher [D, CA-10]
Rep. Gene Taylor [D, MS-4]
Rep. Bennie Thompson [D, MS-2]
Rep. John Tierney [D, MA-6]
Rep. Niki Tsongas [D, MA-5]
Sen. Mark Udall [D, CO]
Sen. Tom Udall [D, NM]
Rep. Christopher Van Hollen [D, MD-8]
Rep. Nydia Velázquez [D, NY-12]
Rep. Peter Visclosky [D, IN-1]
Rep. Timothy Walz [D, MN-1]
Rep. Debbie Wasserman Schultz [D, FL-20]
Rep. Diane Watson [D, CA-33]
Rep. Melvin Watt [D, NC-12]
Rep. Henry Waxman [D, CA-30]
Rep. Anthony Weiner [D, NY-9]
Rep. Peter Welch [D, VT-0]
Rep. Charles Wilson [D, OH-6]
Rep. John Yarmuth [D, KY-3]

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Republicans Voting 'Aye'

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Rep. Robert Aderholt [R, AL-4]
Rep. W. Akin [R, MO-2]
Rep. Rodney Alexander [R, LA-5]
Rep. Michele Bachmann [R, MN-6]
Rep. Spencer Bachus [R, AL-6]
Rep. James Barrett [R, SC-3]
Rep. Joe Barton [R, TX-6]
Rep. Judy Biggert [R, IL-13]
Rep. Brian Bilbray [R, CA-50]
Rep. Gus Bilirakis [R, FL-9]
Rep. Marsha Blackburn [R, TN-7]
Rep. Roy Blunt [R, MO-7]
Rep. John Boehner [R, OH-8]
Rep. Jo Bonner [R, AL-1]
Rep. Mary Bono Mack [R, CA-45]
Rep. John Boozman [R, AR-3]
Rep. Charles Boustany [R, LA-7]
Rep. Kevin Brady [R, TX-8]
Rep. Paul Broun [R, GA-10]
Rep. Henry Brown [R, SC-1]
Rep. Virginia Brown-Waite [R, FL-5]
Rep. Vern Buchanan [R, FL-13]
Rep. Michael Burgess [R, TX-26]
Rep. Dan Burton [R, IN-5]
Rep. Stephen Buyer [R, IN-4]
Rep. Ken Calvert [R, CA-44]
Rep. David Camp [R, MI-4]
Rep. John Campbell [R, CA-48]
Rep. Eric Cantor [R, VA-7]
Rep. Shelley Capito [R, WV-2]
Rep. John Carter [R, TX-31]
Rep. Michael Castle [R, DE-0]
Steven Chabot
Rep. Howard Coble [R, NC-6]
Rep. Tom Cole [R, OK-4]
Rep. Ander Crenshaw [R, FL-4]
David Davis
Thomas Davis
Rep. Geoff Davis [R, KY-4]
Rep. Nathan Deal [R, GA-9]
Rep. Charles Dent [R, PA-15]
Rep. Mario Diaz-Balart [R, FL-25]
Rep. Lincoln Diaz-Balart [R, FL-21]
Thelma Drake
Rep. David Dreier [R, CA-26]
Rep. Vernon Ehlers [R, MI-3]
Rep. Jo Ann Emerson [R, MO-8]
Philip English
Terry Everett
Rep. Mary Fallin [R, OK-5]
Tom Feeney
Michael Ferguson
Rep. James Forbes [R, VA-4]
Rep. Jeffrey Fortenberry [R, NE-1]
Vito Fossella
Rep. Trent Franks [R, AZ-2]
Rep. Rodney Frelinghuysen [R, NJ-11]
Rep. Elton Gallegly [R, CA-24]
Rep. Scott Garrett [R, NJ-5]
Rep. Jim Gerlach [R, PA-6]
Wayne Gilchrest
Rep. John Gingrey [R, GA-11]
Rep. Robert Goodlatte [R, VA-6]
Rep. Kay Granger [R, TX-12]
Rep. Samuel Graves [R, MO-6]
Rep. Ralph Hall [R, TX-4]
Rep. Doc Hastings [R, WA-4]
Robin Hayes
Rep. Dean Heller [R, NV-2]
Rep. Jeb Hensarling [R, TX-5]
Rep. Walter Herger [R, CA-2]
David Hobson
Rep. Peter Hoekstra [R, MI-2]
Kenny Hulshof
Duncan Hunter
Rep. Bob Inglis [R, SC-4]
Rep. Darrell Issa [R, CA-49]
Rep. Samuel Johnson [R, TX-3]
Rep. Timothy Johnson [R, IL-15]
Rep. Walter Jones [R, NC-3]
Rep. Jim Jordan [R, OH-4]
Ric Keller
Rep. Peter King [R, NY-3]
Rep. Steve King [R, IA-5]
Rep. Mark Kirk [R, IL-10]
Rep. John Kline [R, MN-2]
Joseph Knollenberg
John Kuhl
Ray LaHood
Rep. Doug Lamborn [R, CO-5]
Rep. Thomas Latham [R, IA-4]
Rep. Steven LaTourette [R, OH-14]
Rep. Robert Latta [R, OH-5]
Ron Lewis
Rep. Jerry Lewis [R, CA-41]
Rep. John Linder [R, GA-7]
Rep. Frank LoBiondo [R, NJ-2]
Rep. Frank Lucas [R, OK-3]
Rep. Daniel Lungren [R, CA-3]
Rep. Connie Mack [R, FL-14]
Rep. Donald Manzullo [R, IL-16]
Rep. Kenny Marchant [R, TX-24]
Rep. Kevin McCarthy [R, CA-22]
Rep. Michael McCaul [R, TX-10]
Rep. Thaddeus McCotter [R, MI-11]
James McCrery
Rep. Patrick Mchenry [R, NC-10]
Rep. John McHugh [R, NY-23]
Rep. Howard McKeon [R, CA-25]
Rep. Cathy McMorris Rodgers [R, WA-5]
Rep. John Mica [R, FL-7]
Rep. Candice Miller [R, MI-10]
Rep. Gary Miller [R, CA-42]
Rep. Jeff Miller [R, FL-1]
Rep. Jerry Moran [R, KS-1]
Rep. Tim Murphy [R, PA-18]
Marilyn Musgrave
Rep. Sue Myrick [R, NC-9]
Rep. Randy Neugebauer [R, TX-19]
Rep. Devin Nunes [R, CA-21]
Steven Pearce
Rep. Mike Pence [R, IN-6]
John Peterson
Charles Pickering
Rep. Joseph Pitts [R, PA-16]
Rep. Todd Platts [R, PA-19]
Jon Porter
Deborah Pryce
Rep. Adam Putnam [R, FL-12]
Rep. George Radanovich [R, CA-19]
James Ramstad
Ralph Regula
Rep. Dennis Rehberg [R, MT-0]
Rep. Dave Reichert [R, WA-8]
Rick Renzi
Thomas Reynolds
Rep. Michael Rogers [R, MI-8]
Rep. Michael Rogers [R, AL-3]
Rep. Harold Rogers [R, KY-5]
Rep. Dana Rohrabacher [R, CA-46]
Rep. Peter Roskam [R, IL-6]
Rep. Ileana Ros-Lehtinen [R, FL-18]
Rep. Edward Royce [R, CA-40]
Rep. Paul Ryan [R, WI-1]
Bill Sali
H. Saxton
Rep. Steve Scalise [R, LA-1]
Rep. Jean Schmidt [R, OH-2]
Rep. F. Sensenbrenner [R, WI-5]
Rep. Peter Sessions [R, TX-32]
Rep. John Shadegg [R, AZ-3]
Christopher Shays
Rep. John Shimkus [R, IL-19]
Rep. William Shuster [R, PA-9]
Rep. Michael Simpson [R, ID-2]
Rep. Christopher Smith [R, NJ-4]
Rep. Adrian Smith [R, NE-3]
Rep. Lamar Smith [R, TX-21]
Rep. Mark Souder [R, IN-3]
Rep. Clifford Stearns [R, FL-6]
Rep. John Sullivan [R, OK-1]
Thomas Tancredo
Rep. Lee Terry [R, NE-2]
Rep. William Thornberry [R, TX-13]
Rep. Todd Tiahrt [R, KS-4]
Rep. Patrick Tiberi [R, OH-12]
Rep. Michael Turner [R, OH-3]
Rep. Frederick Upton [R, MI-6]
Timothy Walberg
Rep. Greg Walden [R, OR-2]
David Weldon
Heather Wilson
Rep. Addison Wilson [R, SC-2]
Rep. Rob Wittman [R, VA-1]
Rep. Frank Wolf [R, VA-10]
Rep. C. W. Young [R, FL-10]

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Others Voting 'Aye'

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Democrats Voting 'Nay'

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Rep. Brian Baird [D, WA-3]
Rep. Earl Blumenauer [D, OR-3]
Rep. Frederick Boucher [D, VA-9]
Rep. Michael Doyle [D, PA-14]
Rep. Luis Gutiérrez [D, IL-4]
Rep. Stephanie Herseth Sandlin [D, SD-0]
Rep. Michael Honda [D, CA-15]
Rep. Dennis Kucinich [D, OH-10]
Rep. Barbara Lee [D, CA-9]
Rep. Zoe Lofgren [D, CA-16]
Rep. James McDermott [D, WA-7]
Rep. George Miller [D, CA-7]
Rep. Gwen Moore [D, WI-4]
Rep. Collin Peterson [D, MN-7]
Rep. Bobby Rush [D, IL-1]
Rep. José Serrano [D, NY-16]
Rep. Jackie Speier [D, CA-12]
Rep. C. Thompson [D, CA-1]
Rep. Edolphus Towns [D, NY-10]
Rep. Maxine Waters [D, CA-35]
Rep. Lynn Woolsey [D, CA-6]
Rep. David Wu [D, OR-1]

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Republicans Voting 'Nay'

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Rep. Roscoe Bartlett [R, MD-6]
Rep. Rob Bishop [R, UT-1]
Christopher Cannon
Rep. K. Conaway [R, TX-11]
Rep. John Culberson [R, TX-7]
John Doolittle
Rep. John Duncan [R, TN-2]
Rep. Jeff Flake [R, AZ-6]
Rep. Virginia Foxx [R, NC-5]
Virgil Goode
Rep. Jack Kingston [R, GA-1]
Rep. Ronald Paul [R, TX-14]
Rep. Thomas Petri [R, WI-6]
Rep. Ted Poe [R, TX-2]
Rep. Tom Price [R, GA-6]
James Walsh
Rep. Lynn Westmoreland [R, GA-3]
Rep. Edward Whitfield [R, KY-1]
Rep. Donald Young [R, AK-0]

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Others Voting 'Nay'

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Democrats Voting 'Abstain'

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Rep. Dennis Cardoza [D, CA-18]
Rep. William Clay [D, MO-1]
Rep. Eliot Engel [D, NY-17]
William Jefferson
Rep. Donald Payne [D, NJ-10]
Rep. Loretta Sanchez [D, CA-47]
Rep. Robert Wexler [D, FL-19]

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Republicans Voting 'Abstain'

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Barbara Cubin
Rep. Louis Gohmert [R, TX-1]
Rep. Zach Wamp [R, TN-3]
Gerald Weller

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Others Voting 'Abstain'

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Voting History

Date	Chamber	Question	Aye	Nay	Result
September 28, 2008	House	S.3325 The Enforcement of Intellectual Property Rights Act of 2008 On Motion to Suspend the Rules and Pass: S 3325	381	41	Passed	See Vote

All Bill Actions

• Signed on Oct 13, 2008.
• Enacted on Oct 13, 2008. Became Public Law No: 110-403.
• Oct 02, 2008. Presented to President.
• Passed roll in the House on Sep 28, 2008. On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 381 - 41 (Roll no. 664). (text: CR 9/27/2008 H10229-10236)
• Passed roll in the House on Sep 28, 2008. On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 381 - 41 (Roll no. 664).
• Sep 28, 2008: Considered as unfinished business.
• Sep 28, 2008. Cleared for White House.
• Sep 27, 2008: At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Conyers objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
• Sep 27, 2008: Mr. Conyers moved to suspend the rules and pass the bill.
• Sep 27, 2008: DEBATE - The House proceeded with forty minutes of debate on S. 3325.
• Sep 27, 2008: Considered under suspension of the rules.
• Sep 26, 2008: Held at the desk.
• Sep 26, 2008: Received in the House.
• Sep 26, 2008: Message on Senate action sent to the House.
• Sep 26, 2008: Measure laid before Senate by unanimous consent.
• Sep 26, 2008: The committee amendments were withdrawn by Unanimous Consent.
• Passed by Unanimous Consent in the Senate on Sep 26, 2008. Passed Senate with an amendment by Unanimous Consent.
• Sep 15, 2008: Committee on the Judiciary. Reported by Senator Leahy with amendments. Without written report.
• Added to calendar on Sep 15, 2008: Placed on Senate Legislative Calendar under General Orders. Calendar No. 964..
• Added to calendar on Sep 11, 2008: Committee on the Judiciary. Ordered to be reported with amendments favorably..
• Sep 11, 2008: Committee on the Judiciary. Ordered to be reported with amendments favorably.
• Jul 24, 2008: Read twice and referred to the Committee on the Judiciary.
• Jul 24, 2008: Sponsor introductory remarks on measure. (CR S7280-7281)
• Introduced on Jul 24, 2008.

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Related Issue Areas:

• Intellectual property
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In the News

November 04, 2008 EMA-supported Intellectual Property Rights Act passed

4 | The following summarizes key government affairs activities during October of the Entertainment Merchants Assn. • S. 3325, Enforcement of Intellectual ...

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Source: Video Business (subscription), CA

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October 14, 2008 SIIA Lauds Enactment of the 'Prioritizing Resources and ...

WASHINGTON, Oct 14, 2008 /PRNewswire-USNewswire via COMTEX/ -- Following President Bush's signing of S. 3325 into law yesterday, the Software & Information ...

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Source: MarketWatch

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October 13, 2008 Bayh's Anti-Piracy Bill Signed Into Law

The President’s signing of the Bayh provisions as part of a broader IP enforcement bill (S. 3325) is the culmination of a three-year push by Senators Bayh ...

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Source: Inside INdiana Business (press release), IN

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Blog Coverage

January 06, 2009 Day 25 -- Biden and Leahy | DefectiveByDesign.org

Senator Patrick Leahy of Vermont -- paid puppet for the media industry, sponsored the controversial S.3325 bill, aka the "PRO IP" bill. We've covered the bill in some detail already:-. Stop the MPAA and RIAA shadow government: Oppose S. ...

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Source: DefectiveByDesign.org - The Campaign to...

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January 04, 2009 Open Letters: My Personal List of Influential Books in 2008

Lentil, Wild Rice, and Sun-dried Tomato Stew · Porcupine Mountains · ► September (5). Three very short book reviews · It Should Be a Crime · S. 3325, the Enforcement of Intellectual Property ... The Tomato Invasion ·

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Source: Open Letters

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December 31, 2008 IPcentral Weblog: Update on Capitol Records v. Thomas

TechDirt's Backfiring Defense of the Thomas Decision--and the "Effective Freedom" of Totalitarian Terror (Part I) - Another vote for the Thought Police - "Screw you guys, I'm going home" - S. 3325: A Stitch in Time Can Save Bill

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