Arlen Specter: “As the Senator is aware, the Sentencing Commission has sought to update the Federal sentencing guidelines upon the…”

“As the Senator is aware, the Sentencing Commission has sought to update the Federal sentencing guidelines upon the periodic directive of Congress to reflect and account for changes in the manner in which intellectual property offenses are committed. The recent amendments to which you refer were promulgated by the Sentencing Commission pursuant to the authorization in the Family Entertainment and Copyright Act of 2005, also known as FECA. These amendments to the Federal sentencing guidelines, which took effect on October 24, 2005, address changes in penalties and definitions for intellectual property rights crimes, particularly those involving copyrighted pre-release works and issues surrounding ``uploading.'' For example, these guidelines provide for a 25-percent increase in sentences for offenses involving pre-release works. In addition, the Commission revised its definition of ``uploading'' to ensure that the guidelines are keeping up with technological advances in this area. I would like to make it clear for the record that the directive to the Sentencing Commission in Section 3 of S. 1699 is not meant as disapproval of the Commission's recent actions in response to FECA. Rather, Section 3 covers other intellectual property rights crimes that Congress believes it is time for the Commission to revisit.…”