Copyright LawReporting Requirements
Section 2320(e), as amended by the Anticounterfeiting Consumer
Act of 1996, Pub. L. No. 104-153, 110 Stat. 1386 (1996), provides as
(e) Beginning with the first year after the date of enactment of this
subsection, the Attorney General shall include in the report of the Attorney
General to Congress on the business of the Department of Justice prepared
pursuant to section 522 of Title 28, an accounting, on a district by
district basis, of the following with respect to all actions taken by
Department of Justice that involve trafficking in counterfeit labels
phonorecords, copies of computer programs or computer program documentation
packaging, copies of motion pictures or other audiovisual works (as defined
section 2318 of title 18), criminal infringement of copyrights (as defined
section 2319 of title 18), unauthorized fixation of and trafficking in
recordings and music videos of live musical performances (as defined in
2319A of title 18), or trafficking in goods or services bearing counterfeit
(as defined in section 2320 of title 18):
- The number of open investigations.
- The number of cases referred by the United States Customs Service.
- The number of cases referred by other agencies or sources.
- The number and outcome, including settlements, sentences, recoveries,
penalties, of all prosecutions brought under sections 2318, 2319, 2319A, and
of title 18.
18 U.S.C. § 2320(e).
To provide assistance in construing the intended scope of these broad
provisions, pertinent legislative history is excerpted below.
Section 4. Trafficking in counterfeit goods or services
Section 4 amends 18 U.S.C. § 2320 to require the Attorney General
maintain statistics, on a district-by-district basis, for all actions
RICO pursuant to the provisions of Section 2 of the bill. The statistics
include an accounting of: (1) The number of open investigations, (2) the
of cases referred by the U.S. Customs Service, (3) the number of cases
by other agencies or sources, and (4) the number and outcome of prosecutions
under those provisions.
H.R. Rep. No. 556, 104th Cong., 2d Sess. 7 (1996).
Section 5. Trafficking in Counterfeit Goods or Services
This section, which amends section 2320 of title 18, requires the
U.S. Attorney General to include in his or her annual report to Congress
statistics relating to all criminal counterfeiting actions. This provision
willmake it easier to assess the extent to which commercial counterfeiting
being investigated and prosecuted by federal officials. In addition,
to testimony received by the committee, several witnesses concluded that
requiring statistical reporting by the Attorney General of
activities will facilitate prosecution of these offenses.
S. Rep. No. 177, 104th Cong., 1st Sess. 7 (1995).
[cited in USAM 9-71.001; USAM 9-71.015]