According to TechDirt.com, the order seems to give high level folks in different federal government agencies coordinating their “enforcement” strategies, when they do things like seizing domains without due process or First Amendment considerations.
Here is a copy of the order
“”By the authority vested in me as President by the Constitution and the laws of the United States of America, including title III of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 in order to strengthen the efforts of the Federal Government to encourage innovation through the effective and efficient enforcement of laws protecting copyrights, patents, trademarks, trade secrets, and other forms of intellectual property, both in the United States and abroad, including matters relating to combating infringement, and thereby support efforts to reinvigorate the Nation’s global competitiveness, accelerate export growth, promote job creation, and reduce threats posed to national security and to public health and safety, it is hereby ordered as follows:”
“Section 1. Senior Intellectual Property Enforcement Advisory Committee.
“(a) Establishment of Committee. There is established an interagency Senior Intellectual Property Enforcement Advisory Committee (Senior Advisory Committee), which shall be chaired by the Intellectual Property Enforcement Coordinator (Coordinator), Executive Office of the President.”
“(b) Membership. The Senior Advisory Committee shall be composed of the Coordinator, who shall chair it, and the heads of, or the deputies to the heads of:
(i) the Department of State;
(ii) the Department of the Treasury;
(iii) the Department of Justice;
(iv) the Department of Agriculture;
(v) the Department of Commerce;
(vi) the Department of Health and Human Services;
(vii) the Department of Homeland Security;
(viii) the Office of Management and Budget; and
(ix) the Office of the United States Trade Representative.
A member of the Senior Advisory Committee may, in consultation with the Coordinator, designate a senior-level official from the member’s department or agency who holds a position for which Senate confirmation is required to perform the Senior Advisory Committee functions of the member.
(c) Mission and Functions. Consistent with the authorities assigned to the Coordinator, and other applicable law, the Senior Advisory Committee shall advise the Coordinator and facilitate the formation and implementation of each Joint Strategic Plan required every 3 years under title III of the PRO IP Act (15 U.S.C. 8113), consistent with this order.
(d) Administration. The Coordinator shall coordinate and support the work of the Senior Advisory Committee in fulfilling its functions under this order. The Coordinator shall convene the first meeting of the Senior Advisory Committee within 90 days of the date of this order and shall thereafter convene such meetings as appropriate.
Sec. 2. Intellectual Property Enforcement Advisory Committee.
(a) Establishment of Committee. There is established an interagency Intellectual Property Enforcement Advisory Committee (Enforcement Advisory Committee), which shall be chaired by the Coordinator. The Enforcement Advisory Committee shall serve as the committee established by section 301(b)(3) of the PRO IP Act (15 U.S.C. 8111(b)(3)).
(b) Membership. The Enforcement Advisory Committee shall be composed of the Coordinator, who shall chair it, and representatives from the following departments and agencies, or units of departments and agencies, who hold a position for which Senate confirmation is required, who are involved in intellectual property enforcement, and who are, or are designated by, the respective heads of those departments and agencies:
(i) the Office of Management and Budget;
(ii) relevant units within the Department of Justice, including the Criminal Division, the Civil Division, and the Federal Bureau of Investigation;
(iii) the United States Patent and Trademark Office, the International Trade Administration, and other relevant units of the Department of Commerce;
(iv) the Office of the United States Trade Representative;
(v) the Department of State, the Bureau of Economic, Energy, and Business Affairs, the United States Agency for International Development and the Bureau of International Narcotics and Law Enforcement Affairs;
(vi) the Department of Homeland Security, United States Customs and Border Protection, and United States Immigration and Customs Enforcement;
(vii) the Food and Drug Administration of the Department of Health and Human Services;
(viii) the Department of Agriculture;
(ix) the Department of the Treasury; and
(x) such other executive branch departments, agencies, or offices as the President determines to be substantially involved in the efforts of the Federal Government to combat counterfeiting and infringement.
Pursuant to the PRO IP Act (15 U.S.C. 8111), the Coordinator shall also invite the Register of Copyrights, or a senior representative of the United States Copyright Office designated by the Register of Copyrights, to serve as a member of the Enforcement Advisory Committee.
(c) Mission and Functions.
(i) Consistent with the authorities assigned to the Coordinator and the Enforcement Advisory Committee, and other applicable law, the Enforcement Advisory Committee shall develop each Joint Strategic Plan as provided for in title III of the PRO IP Act. In the development and implementation of the Joint Strategic Plan, the heads of the departments and agencies identified in section 2(b) of this order shall share with the Coordinator and the other members of the Enforcement Advisory Committee relevant department or agency information, to the extent permitted by law, including requirements relating to confidentiality and privacy, and to the extent that such sharing of information is consistent with law enforcement protocols for handling such information. Such information shall include:
(A) plans for addressing the Joint Strategic Plan;
(B) statistical information on the enforcement activities taken by that department or agency against counterfeiting or infringement; and
(C) recommendations to enhance cooperation among Federal, State, and local authorities responsible for intellectual property enforcement.
(ii) The Coordinator may establish subgroups, consisting exclusively of Enforcement Advisory Committee members or their designees, who must be officials from the designating member’s department or agency, to support the functions of the Enforcement Advisory Committee. The subgroups shall be chaired by the Coordinator, or the Coordinator’s designee with expertise and experience in intellectual property enforcement matters, and may include:
(A) an Enforcement Subcommittee; and
(B) other subcommittees as the Coordinator deems appropriate, including subcommittees addressing particular enforcement issues, efforts, training, and information sharing among departments and agencies.
(d) Administration. The Coordinator shall coordinate and support the work of the Enforcement Advisory Committee in fulfilling its functions under this order and under section 301(b)(3)(B) of the PRO IP Act (15 U.S.C. 8111(b)(3)(B)). The Coordinator shall convene meetings of the Enforcement Advisory Committee as appropriate.
Sec. 3. General Provisions.
(a) Nothing in this order shall be construed to impair or otherwise affect the:
(i) authority granted by law to an executive department, agency, or the head thereof, or the status of that department or agency within the Federal Government; or
(ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. Consistent with section 301(b)(2) of the PRO IP Act (15 U.S.C. 8111(b)(2)), the Coordinator may not control or direct any Federal law enforcement agency in the exercise of its investigative or prosecutorial authority.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.”
Significant but not significant. The domaining world has taken on a very international flavour over the past 5-6 years. There needs to be a more international consensus to make something like this relevant
Thank God someone came to work today. Thank you, President Obama!
Here’s that Government Spook again, LOUISE,
What a free speech Creep …
but as she said she is not a Prude she watched
“pretty women” ( glorified hooker story) the
other night..lmho
All BS anyway just wants you to click on the junk site
so she can spam you like crazy, like she did me. DON’T CLICK!
After they formed this they were required to create the Office of Redundancy of All Other Offices. Just in case another government official needs someone else to be in charge of the job that they are in charge of
@ Adam
Your Expose Article about blogging has got to be the best
blog story i have ever read, period
Full of truths,industry secrets,and tasty morsels of dark
secrets.
You writing skills are second to none, you ARE the best!
“….laws protecting copyrights, patents, trademarks, trade secrets, and other forms of intellectual property, both in the United States and abroad”
“…..and reduce threats posed to national security and to public health and safety”
While most of the article is in a foreign language that my pea brain does’nt understand or compute my gut says its more about control to keep the peasants in the dark than it is about protecting businesses.
Possibly brought on by the recent events of Wikileaks and the organised upheavel aimed toward governments around the world – aided by social sites like facebook.
More power for them to hit the kill switch if & when they think its needed….should the case arise.
If they spoke in laymans terms I might of had a totally different opinion on it 😉
Hello Mike,
All bluster aside, we as a nation are so lucky to have a president with backbone. He makes calls as best he can and like all of us is not perfect. The one thing he has down pat is his visionary views for our country. The smartest thing in todays reality is to build out a wireless infrastructure. He knows that a way to create jobs is to create businesses instead.
Get americans off the corporate life support systems that keep americans indentured servants to the powerful corporations.
I would say he has done a magnificent job with the mess he was handed and even now this is being revealed on a day by day basis. Our read, he will go down in history years from now as one of our greatest statesmen.
Gratefully, Jeff Schneider (Contact Group) (Metal Tiger)
Hello Jeff,
All bluster aside, we as a nation are so lucky to have a democratic election system which will allow us elect a natural born citizen into office in 2012. He makes calls as best he can and like all of us is not perfect, although he does take in millions in donations from the financial & insurance industries. The one thing he has down pat is his visionary views for our country, which includes prying into our private lives, increasing taxes, and generally lowering the standard of living for every human in this country. The smartest thing in todays reality is to build out a wireless infrastructure, which can only successfully accomplished by private industry, not government intervention. He knows that a way to create jobs is to create businesses instead; but unfortunately, he policies have created an environment that makes most businesses unable to hire.
Get americans off the corporate life support systems that keep americans indentured servants to the powerful corporations and instead have them come work for the most bloated entity of all, the federal government.
I would say he has done a magnificent job with the mess he was handed and even now this is being revealed on a day by day basis, if you are blind, deaf, stupid, or all three. Our read, he will go down in history years from now as one of our greatest statesmen…ha ha! – just kidding!
Gratefully, Scott Jeffries (Crouching Dragon – Hidden Tiger)
Dear Obama,
thank you for imposing restrictions on our internet!
thank you for the division you have caused in our country, calling out half of the USA as radical, while you go abroad and make friends with actual radicals and gut America’s allies
thank you for criticizing the media when they dont agree with you, a scholar we are told
thank you for today saying you will strengthen the UN, America’s enemy
thank you for bankrupting America, spending more in 2 years than in all history before you
thank you for changing the course of the country without really telling us who you are (1000 bucks to anyone who saw this guy at school or has any factual knowledge of his history – no lying please)
thank you for being a disciple of reverend Wright for 20 years, anti American, then saying you werent really listening
than you for campaigning as a savvy internet guy and now getting all kill switch about it, wanting to control what you dont agree with
Obama! Obama!
Hi,
First “Paragraph” says it all…
You know what “OBAMA” stands for?
One ~ Big ~ Ass ~ Mistake ~ America
___
Also have to love the:
This is ALL great for everyone in world… expect for us line’
” (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.”
“or any other person.”….. does that exempt me? I am a citizen of the USA. 🙂
Peace To All!
Dan
BTW: The USA is not the only ones at it….just came out earlier today.
__
UK ~ “Police may soon seize domains without court order”
Read more:
http://www.thinq.co.uk/2011/2/11/police-may-soon-seize-domains-without-court-order/#ixzz1DffioYUP
What isn’t this guy going to stick his nose into and turn upside down?
@ Jeff (Metal Tiger)
Welcome to the Indiana F e m a Hotel Resort & Spa
youtube.com/watch?v=0P-hvPJPTi4
We appreciate your enthusiasm & servitude over the years and would like to offer you a FREE stay in any one of our 600+ resort hotel destinations throughout America, included in your full board package is FREE lifetime access to the latest and fastest wireless connection on the market, purely for your pleasure.
Please proceed to the BLUE zone and await transportation at 08.00 hrs.
Have a nice day Sir. 🙂
@Scott & Redneck (formerly not)
We do not appreciate your tone, it is with regret we have to inform you that your services are no longer required.
Please proceed directly through the turnstyles and into the RED zone – Bye
@ Dan, we’re watching, but in the meantime….enjoy that sunshine 🙂 ..Jah Man
@ Ira – Financial Meltdown?, Lockdown USA?, Marshall Law? Nuclear War?
…One can only imagine what goes on in the minds of our leaders 😉
“to encourage innovation”
can we assume that means there is a belief that failure to enforce would result in lower rates of innovation? because if that were true, then it stands to reason there should be no fear of china, who has traditionally ignore ip enforcement, as a competitor in fields of innovation.
this should be struck out. and replaced with a more honest rationale. the aim is to protect existing ip, not to encourage future ip. it is existing ip and the holders of that ip which are under threat, and it’s that situation which is motivating the gov’t to take action.
i’ve never met an entrepreneur who said they were reluctant to start a business because of weak ip enforcement. that’s often the furthest thing from their mind; they’re too busy innovating. concerns about ip protection come much later, after the innovation has already been completed. ip protects rents, it doesn’t inspire innovators.