On June , 00, the U.S. Intellectual Property Enorcement Coordinator (IPEC) issued theAdministration’s rst Joint Strategic Plan on Intellectual Property Enorcement (Strategy), which wasdeveloped in coordination with many Federal agencies, including the Departments o Commerce,Health and Human Services, Homeland Security (DHS), Justice (DOJ), and State, and the U.S. TradeRepresentative. As part o the Strategy, the Administration undertook to review existing laws to ensurethat they were eective and to identiy deciencies that could hinder enorcement. Based on thatreview, this White Paper identies specic recommended legislative changes, designed to increase theeectiveness o U.S. enorcement eorts. We will, o course, continue to assess existing legislation andrecommend any urther changes to the law as the need arises.Piracy and countereiting in the online environment are signicant concerns or the Administration. Theycause economic harm and threaten the health and saety o American consumers. Foreign-based andoreign-controlled websites and web services raise particular concerns or U.S. enorcement eorts. Weare aware that members o Congress share our goal o reducing online inringement and are consider-ing measures to increase law enorcement authority to combat websites that are used to distribute orprovide access to inringing products. We look orward to working with Congress on those eorts andthe recommendations contained in this paper in the coming year.Turning to the specic recommendations, the Administration recommends increasing the statutorymaxima or the ollowing oenses:
Increase the statutory maximum or economic espionage (8 U.S.C. § 83) rom 5 years inprison to at least 0 years in prison; and
Increase the statutory maxima or drug oenses under the Federal Food, Drug and CosmeticAct (FFDCA), particularly or countereit drug oenses.The Administration recommends that Congress: () direct the U.S. Sentencing Commission to increasethe U.S. Sentencing Guideline range or intellectual property oenses; () require the U.S. SentencingCommission to consider ve specic categories o changes to the Guidelines; and (3) require the U.S.Sentencing Commission to act within 80 days o such legislation being adopted (including issuing areport explaining why it has not adopted any o the specic recommendations). The ve categories o specic recommendations or the U.S. Sentencing Commission are:
Increase the U.S. Sentencing Guideline range or the thet o trade secrets and economic espio-nage, including trade secrets transerred or attempted to be transerred outside o the U.S.;
Increase the U.S. Sentencing Guideline range or trademark and copyright oenses wheninringing products are knowingly sold or use in national deense, national security, criticalinrastructure, or by law enorcement.
Increase the U.S. Sentencing Guideline range or intellectual property oenses committed byorganized criminal enterprises/gangs;