Congress Approves Leahy’s Pro-Internet Bill Protecting Online Works From Piracy and Theft

November 20, 1997

WASHINGTON (Nov. 20) -- Congress has approved legislation pushed by Sen. Patrick Leahy protecting online creative work from piracy and theft. The pro-Internet bill, which is the first Internet legislation approved by the 105th Congress, now heads to President Clinton’s desk for his expected signature.

Dubbed the "No Electronic Theft (NET) Act" -- the Senate’s version introduced by Leahy was called the "Criminal Copyright Improvement Act" -- the legislation would address a 1994 court case which undercut the ability of federal law enforcement officers to prosecute copyright infringement when perpetrated over the Internet.

In U.S. v. LaMacchia, David LaMacchia set up an on-line computer billboard with copyrighted software programs and encouraged users to download copies of the illegally copied programs. LaMacchia’s indictment was dismissed by a federal court because the court determined that federal wire fraud statutes do not cover copyrighted works posted online if no profit or commercial gain is realized. Leahy’s bill addresses the LaMacchia court decision by allowing law enforcement officers to use federal copyright laws against online copyright violations.

"We should extend the same copyright protection to the Internet that we do to other media," said Leahy. "This bill closes a loophole in our federal law which could cramp creative growth and ingenuity on the Web."

Leahy first introduced his bill in 1995. Rep. Bob Goodlatte, R-Va., introduced legislation similar to Leahy’s bill in the House during this session, and Leahy re-introduced his bill with minor changes. The House passed its version of the bill on November 4, and then on November 13, the Senate passed the House version of the bill. In the Senate, Leahy’s bill was co-sponsored by Sen. Jon Kyl, R-Az., and Sen. John Ashcroft, R-Mo. President Clinton is expected to sign the bill before the end of November.