Subject
Bibliography
INTELLECTUAL PROPERTY

"Federal Statutes Protecting Intellectual Property Rights." [http://www.cybercrime.gov/iplaws.htm]. March 1, 2001.Abstract: This website provides a list of criminal statutes that protect intellectual property rights.

"National Cybercrime Training Partnership." [http://www.nctp.org]. 1 March 2001.Abstract: The National Cybercrime Training Partnership (NCTP) is a high technology training consortium comprised of Federal, state, local, and international law enforcement agencies and training entities. Its primary function and activities are focused on the design, development, and delivery of high quality, computer crime-related training programs and materials for investigators and prosecutors of high tech crimes. The NCTP is led by the Computer Crime and Intellectual Property Section of the Department of Justice. Its operations center is staffed by the Computer Crime Section of the National White Collar Crime Center located in Fairmont, West Virginia.

"The No Electronic Theft ("NET") Act." [http://www.cybercrime.gov/netsum.htm]. March 1, 2001.Abstract: On Tuesday, December 16, 1997, the President signed into law H.R. 2265, the "No Electronic Theft (NET)" Act. The Act was passed unanimously by both houses of Congress (143 Cong. Rec. S12689 and 143 Cong. Rec. H9883-01). The NET Act strengthens the copyright and trademark laws, providing enhanced protection in the digital age in a careful and balanced manner. This website provides a summary of changes to the Criminal Copyright and Trademark Laws.

This bibliography is a representative selection of materials either owned or on order by the FBI Academy Library. Inclusion of an item does not represent an endorsement by the FBI of the material or its author.

Anderson, Judy. Plagiarism, Copyright Violation and Other Thefts of Intellectual Property: An Annotated Bibliography With a Lengthy Introduction. Jefferson, NC: McFarland & Company, Inc., 1998.Call Number: Z 551 .A68 1998 REFNotes: (Available in Reference Collection--must be used in library)Abstract: Imitation may be the sincerest form of flattery, but imitation that reproduces another's words or research without credit is plagiarism--a form of thievery. Plagiarism seems to be cropping up more and more frequently. This annotated bibliography provides a fascinating overview of the subject of plagiarism--what it is, why it happens, how to avoid it, and who has been charged in famous and not-so-famous cases. Abstracts of more than 600 articles cover the theft of copyrighted material, patents, trademarks, and trade secrets. The citations encompass a wide range of kinds of materials from popular periodicals to academic publications and are indexed by subject and author.

Andreano, Frank P. "The Evolution of Federal Computer Crime Policy: The Ad Hoc Approach to an Ever-Changing Problem." American Journal of Criminal Law 27, no. 1(Fall 1999): pp. 81-103.Notes: (Available full-text on Criminal Justice Periodical Index) Abstract: Through the Computer Fraud and Abuse Act, the Digital Millennium Copyright Act and the No Electronic Theft Act, Congress has taken steps to make the prosecution of electronic fraud, hacking and the theft of intellectual property easier. This article discusses the evolution of the Federal government's computer crime policy.

Federico, Thomas M. "Tracking Tech Tips." ABA Journal 86(January 2000): p. 66.Notes: (Also available full-text on Criminal Justice Periodical Index)Abstract: The author, a lawyer practicing in the areas of intellectual property and technology, refers daily to several technology news websites to help him stay alert to developments in these areas. This article discusses these websites.

Gidseg, Randy, et al. "Intellectual Property Crimes (Fourteenth Survey of White Collar Crime)." American Criminal Law Review 36, no. 3(Summer 1999): p. 835(45).Notes: (Available full-text on InfoTrac)Abstract: The increasing theft of intellectual property secrets, and the inability of civil remedies alone to deter such theft, prompted the Federal government and most states to establish criminal penalties. These statutes are either general in nature or are tailored to suit a particular kind of intellectual property. Specific areas covered include theft of trade secrets, trademark counterfeiting, copyright infringement, online services, patents, and art. Each statute carries a sentencing provision. This article examines several areas of intellectual property law under which criminal prosecutions are brought.

Harowitz, Sherry L. "Are People Trading Your Secrets on the Internet?" Security Management 44, no. 10(October 2000): pp. 38-40. Notes: (Also available full-text on Criminal Justice Periodical Index)Abstract: Companies are slowly awakening to a new threat created by the Internet: The destruction of trade secret rights. The problem is that a trade secret loses its special legal status once it becomes widely known. Thus, if proprietary information is placed on an Internet discussion board it will lose its protected standing unless the company can get it removed immediately.

Shaw, Paul D. Managing Legal and Security Risks in Computing and Communications. Boston: Butterworth-Heinemann, 1998.Call Number: KF 390.5 .C6S53 1998Abstract: Computer and telecommunications technologies have spawned a completely new set of legal risks. Liability and litigation can arise from many situations, including misuse and abuse of computer databases, bulletin boards, e-mail, Web pages, electronic funds transfer systems, and proprietary computer programs. This book is written for professionals who are responsible for the protection of these systems. This up-to-date, plain-English guide to computer-related crime examines legal liability risks and recommends practical ways companies can develop policies, codes of conduct, and communications designed to make employees aware of their compliance obligations.

Stutler, Thomas R. "Stealing Secrets Solved: Examining the Economic Espionage Act of 1996." FBI Law Enforcement Bulletin 69, no. 11(November 2000): pp. 11-16.Abstract: Law enforcement can work with companies to help prevent the loss of intellectual property and the theft of trade secrets. The Economic Espionage Act of 1996 and how law enforcement agencies can use it to combat industrial espionage are examined.

United States Sentencing Commission. "Supplement to the 1998 Guidelines Manual." May 1, 2000. [http://www.cybercrime.gov//iplaws.htm]. Abstract: In May 2000, the United States Sentencing Commission amended the sentencing guidelines for certain intellectual property crimes, including trademark and copyright infringement. The supplement is available full-text at this website.

US Department of Justice. "Computer Crime and Intellectual Property Section." [http://www.cybercrime.gov/ccips.html]. 1 March 2001.Abstract: The Computer Crime and Intellectual Property Section (CCIPS) of the US Department of Justice attorney staff consists of about two dozen lawyers who focus exclusively on the issues raised by computer and intellectual property crime. Section attorneys advise Federal prosecutors and law enforcement agents; comment upon and propose legislation; coordinate international efforts to combat computer crime; litigate cases; and train all law enforcement groups. Other areas of expertise possessed by CCIPS attorneys include encryption, electronic privacy laws, search and seizure of computers, e-commerce, hacker investigations, and intellectual property crimes.

US Department of Justice. "Computer Crime and Intellectual Property Section (CCIPS) Intellectual Property Cases." [http://www.cybercrime.gov/ipcases.htm]. March 1, 2001.Abstract: Many cases have been prosecuted under the intellectual property statutes. This website provides a summary chart of recently prosecuted intellectual property cases, as well as press releases on each case.

US Department of Justice. "Intellectual Property Crime Statistics from the Attorney General's Annual Report." [http://www.cybercrime.gov/ipstats.htm]. 1 March 2001.Abstract: In response to the combined Justice Department, Federal Bureau of Investigation and US Customs Service initiative to combat intellectual property crime, the number of referred matters, cases filed, and defendants charged with intellectual property crimes rose in Fiscal Year (FY) 1999. These increases are largely attributable to the heightened priority placed on prosecution of intellectual property crimes by individual US Attorneys' offices and even more dramatic increases are expected for FY 2000. Statistics for FY 1999 are provided.

US Department of Justice, Criminal Division. "Prosecuting Intellectual Property Crimes Manual." January 2001. [http://www.cybercrime.gov/ipmanual.htm]. Abstract: The Justice Department's Criminal Division released a new guide to help law enforcement agencies investigate and prosecute copyright piracy, theft of trade secrets and other intellectual property crimes. The new manual is part of the Intellectual Property Initiative the Justice Department launched in San Jose, California, in 1999. The manual is available online at the above website or can be obtained by writing to the US Department of Justice, Criminal Division, 950 Pennsylvania Avenue, NW, Washington, DC 20530-0001.

US Department of Justice, United States Attorney's Office, District of Oregon. "First Criminal Copyright Conviction Under the "No Electronic Theft" (NET) Act for Unlawful Distribution of Software on the Internet." August 20, 1999. [http://www.cybercrime.gov/netconv.htm]. March 2, 2001.Abstract: In a press release, the Justice Department and the United States Attorney for the District of Oregon announced the first conviction under the No Electronic Theft (NET) Act on August 20, 1999. Jeffrey Levy, a 22-year-old University of Oregon senior, pled guilty to illegally posting computer software programs, musical recordings, entertainment software programs, and digitally-recorded movies on his Internet website, allowing the general public to download these copyrighted products. On November 23, 1999, Levy was sentenced to a two-year period of probation with conditions. Since December 1997, the NET Act punishes Internet piracy as a felony, even if the activity is not for profit.

US Departments of Justice and the Treasury. "Justice Department, FBI and Customs Service to Combat Intellectual Property Crime: US Law Enforcement will Target High Tech Corridors to Fight Piracy and Counterfeiting Surge." July 23, 1999. [http://www.cybercrime.gov/ipinitia.htm]. March 1, 2001.Abstract: The Department of Justice, the Federal Bureau of Investigation, and the US Customs Service announced the establishment of a law enforcement initiative aimed at combating the growing challenge of piracy and counterfeiting of intellectual property, both domestically and internationally. The initiative will initially target the New York-New Jersey metropolitan area, South Florida, the high tech corridors of California and the Boston metropolitan area. Each of the targeted areas have port cities, where piracy and counterfeiting problems are most serious. This website provides the full text of the press release.

Compiled by Jean Caddy, 3/01

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