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Links to Terrorism and Terrorist Organizations. the Paper Was Updated and Released Again, in Its Present Form, in January 2005

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Links to Terrorism and Terrorist Organizations. the Paper Was Updated and Released Again, in Its Present Form, in January 2005 Intellectual property crime and Terrorism Michael Blakeney Faculty of Law, University of Western Australia [email protected] Outline 1. Media commentary 2. US Congressional Investigation 3. Industry Investigations 4. G8 responses 5. National Legislation SERIOUS ORGANISED CRIME TERRORIST LINKS • Hassan Nassrallah, leader of Hezbollah “…counterfeiting is one of the methods used to fund the terrorist activities of Hezbollah…” Interpol From T-Shirts to Terrorism That Fake Nike Swoosh May Be Helping to Fund Bin Laden's Network by Roslyn A. Mazer Sunday, September 30, 2001; Page B02 Roslyn Mazer, a Washington lawyer, served as associate deputy attorney general and criminal division special counsel for intellectual property in the Clinton administration. It's highly likely that some of the funds used to finance terrorist networks are being derived from the sale of products ripping off iconic American companies, such as Microsoft or Nike. Mazer, Washington Post • Recent developments suggest that many of the governments suspected of supporting al Qaeda are also promoting, being corrupted by, or at the very least ignoring highly lucrative trafficking in counterfeit and pirated products capable of generating huge money flows to terrorists and other organized criminal groups. • According to 1995 testimony before the Senate Judiciary Committee, New York's Joint Terrorist Task Force had reason to believe that high-level players who controlled a counterfeit T-shirt ring were using the proceeds to support terrorist groups such as the one that bombed the World Trade Center in 1993. Mazer, Washington Post • Last year, in the notorious piracy haven of Ciudad del Este, Paraguay, Ali Khalil Mehri, a naturalized Paraguayan citizen born in Lebanon,was charged with selling millions of dollars of counterfeit software, the proceeds from which he allegedly funneled to the militant Islamic group Hezbollah in Lebanon. He fled to Paris. • Last December, several news organizations reported that trademark pirates based in Pakistan were filling orders from Afghanistan to produce T-shirts bearing counterfeit Nike logos and glorifying bin Laden as "The great mujahid (holy warrior) of Islam." WPMI-TV—Mobile, AL 31 March 2006 Counterfeit Goods and Terrorism Tariq Abdush Shakur was carrying more than forty thousand dollars worth of counterfeit Cd's and DVD's when Mobile County Fraud Investigators caught up with him. Shakur, who used to go by the name Charles Williams, listed his address to deputies as 1156 Texas Street. • NBC15's Sandra Shaw asked Sgt. Lackey "If I go down there and I buy that fake Nike shirt there's a possibility that money, could be funneled to a terrorist?" He replied, "There's always that possibility." Terrorist link to copyright piracy alleged by Declan McCullagh CNET News.com,: May 27, 2005, 6:34 AM PDT Counterfeit DVDs and cigarettes may be funding terrorists. That's what the Senate Homeland Security committee heard Wednesday from John Stedman, a lieutenant in the Los Angeles County Sheriff's Department who's responsible for an eight-person team of intellectual property (IPR) investigators. "Some associates of terrorist groups may be involved in IPR crime," Stedman said. "During the course of our investigations, we have encountered suspects who have shown great affinity for Hezbollah and its leadership." Interpol IDs piracy link to funding of terrorism Brooks Boliek June 10, 2004 Hollywood Reporter • There is new evidence that terrorist organizations around the world are getting at least some of their funding from the sale of illegally copied intellectual property, including pirated DVDs and CDs, according to Interpol and copyright trade groups. • According to an Interpol report prepared for the House Committee on International Relations, intellectual property crimes are a growing resource for terrorist groups from Northern Ireland to the Arab world, including al-Qaida and Hizbullah. Terror groups move into pirated DVDs as profits overtake drugs Gerard Seenan, Tuesday July 13, 2004 The Guardian (London) • Ronald Noble, secretary general of Interpol, said: "The link between organised crime groups and counterfeit goods is well established, but Interpol is sounding the alarm that intellectual property crime is becoming the preferred method of funding for a number of terrorist groups." • He said there was enough evidence of terrorist groups using bootleg DVD sales to fund their activities for it to constitute a threat to public safety. HOW MANY DISCS DID THIS COST • The reality in N Ireland the terrorist sells counterfeit goods such as music playstation video and clothing order to purchase lethal weapons such as this Reuters February 12, 2007 •The city police commissioner, Raymond Kelly, told a conference on counterfeiting this month. "It is a threat to democracy and a threat to the rule of law." •Kelly said that the group accused of the Madrid train bombings in 2004, which killed 191 people, had used proceeds from the sale of pirated CDs to fund their activities. •The U.S. authorities have also said that another group sells counterfeit goods, including fake Viagra, to support Hezbollah, the militant group in Lebanon. INTERNATIONAL/GLOBAL INTELLECTUAL PROPERTY THEFT: LINKS TO TERRORISM AND TERRORIST ORGANIZATIONS Written Testimony of Timothy P. Trainer President International AntiCounterfeiting Coalition, Inc. (IACC) Before the House of Representatives Committee on International Relations Washington, D.C. July 16, 2003 Trainer-Committee on International Relations, U.S. House of Representatives Washington, D.C. On June 5, 2003, the IACC released a White Paper entitled “International/Global Intellectual Property Theft: Links to Terrorism and Terrorist Organizations”. The project to prepare this document was undertaken due to IACC members’ increasing concerns that product counterfeiting and piracy are very low enforcement priorities after September 11, 2001. Trainer-Committee on International Relations, U.S. House of Representatives Washington, D.C. 2. Counterfeiting—Funding Terrorist Organizations? A major reason why the IACC is giving testimony today is due to our White Paper, which includes a section that addresses this possible link. I say “possible” link because industry does not have the responsibility of making the concrete link. The primary objective of our members who own intellectual property is to research, develop, create, manufacture and offer new and better products to consumers, not to undertake undercover criminal investigations. Statement of Under Secretary Asa Hutchinson Border and Transportation Security Directorate U.S. Department of Homeland Security Before the International Relations Committee U.S. House of Representatives On Intellectual Property Crimes: Are Proceeds From Counterfeited Goods Funding Terrorism? July 16, 2003 Statement of Secretary Hutchison Neither Bureau of Immigration and Customs Enforcement (“BICE”) and the Bureau of Customs and Border Protection (“BCBP”) have established a direct link between profits from the sale of counterfeit merchandise and specific terrorist acts. However, criminals involved in manufacturing, distributing and selling of counterfeit and piratical products reap large profits with relatively low risk of prosecution. As a result, this type of crime could be attractive to organizations seeking lucrative and low risk funding mechanisms to support terrorist activities. STATEMENT OF JOHN G. MALCOLM DEPUTY ASSISTANT ATTORNEY GENERAL FOR THE CRIMINAL DIVISION UNITED STATES DEPARTMENT OF JUSTICE BEFORE THE SUBCOMMITTEE ON COURTS, THE INTERNET, AND INTELLECTUAL PROPERTY COMMITTEE ON THE JUDICIARY UNITED STATES HOUSE OF REPRESENTATIVES CONCERNING COPYRIGHT PIRACY AND LINKS TO CRIME AND TERRORISM PRESENTED ON MARCH 13, 2003 Statement of John G Malcolm Terrorism and Piracy We are constantly examining possible links between traditional crimes and terrorism, and we will continue to do so. All components of the Justice Department, including CCIPS, the Counterterrorism Section, and the Organized Crime and Racketeering Section, will do everything within their power to make sure that intellectual property piracy does not become a vehicle for financing or supporting acts of terror. The Links Between Intellectual Property Crime and Terrorist Financing Text of Public Testimony of Ronald K. Noble, Secretary General of Interpol Before the House Committee on International Relations One Hundred Eighth Congress July 16th 2003 Noble - Hizbullah • In February 2000, an individual was arrested for piracy and suspected fundraising for Hizbullah. The individual sold pirated music CDs, Sega, Sony and Nintendo game discs to fund a Hizbullah-related organization. Among the discs recovered were discs containing images and short films of terrorist attacks and interviews with suicide bombers. The discs were allegedly used as propaganda to generate funds for Hizbullah. This individual is currently a fugitive. Noble - Hizbullah • Another indivdual was arrested for his alleged ties with the Hizbullah in Foz do Iguazu in June 2002 after evading arrest in October 2001. The individual is wanted for tax evasion and the collection and remittance of funds to extremist organizations. Interpol files do not mention involvement in IPC. The alleged IPC connection is stated in open sources. Noble – “Future evolutions” • Based on the following factors it is possible to state that IPC may become a more important source of illicit financing for terrorist groups. • IPC crime is a low priority for law enforcement agencies and
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