Piracy

• Author: Jeffrey Lehman, Shirelle Phelps

Page 452

The act of violence or depredation on the high seas; also, the theft of INTELLECTUAL PROPERTY, especially in electronic media.

Piracy is a crime with ancient origins. As long as there have been ships at sea, pirates have sought to steal from them. Internationally, laws against piracy have ancient origins, too, but U.S. law developed chiefly in the eighteenth and nineteenth century. The power to criminalize piracy originated in the U.S. Constitution, which was followed by the first federal law in 1790 and crucial revisions over the next sixty years. Additionally, the United States and other nations cooperated to combat piracy in the twentieth century. This resulted in a unique shared view of jurisdiction: piracy on the high

In addition to its traditional nautical connotations, piracy has come to refer to copyright violations as well. Pirated material is displayed during this press conference held by members of various trade groups to discuss the issue of pirated goods from China.

AP/WIDE WORLD PHOTOS

seas can be punished by any nation. In the late twentieth century, the term piracy grew to include COPYRIGHT violations of intellectual property such as music, films, and computer software.

The Constitution addresses piracy in Article 1, Section 8. It gives Congress "the Power ? To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations." Generally, the definition of pirates meant rogue operators at sea?independent criminals who hijacked ships, stole their cargo, or committed violence against their crew. But standards in all areas under the law changed in response to judicial rulings and to historical incidents, forming by the mid-1800s what became the basis for contemporary law.

In 1790 Congress enacted the first substantive antipiracy law, a broad ban on murder and ROBBERY at sea that carried the death penalty. In 1818, however, the U.S. Supreme Court ruled that the law was limited to crimes involving U.S. citizens: U.S. jurisdiction did not cover foreigners whose piracy targeted other foreigners (United States v. Palmer, 16 U.S. [3 Wheat.] 610). A year later, in 1819, Congress responded by passing an antipiracy law to extend U.S. jurisdiction over pirates of all nationalities.

By the mid-nineteenth century, two other important changes occurred. Penalties for certain piracy crimes?revolt and mutiny?were reduced and were no...