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Joint Strategic Plan on Intellectual Property Enforcement SECTION 2 Without action, the number of infringers may continue to grow and may begin to crowd out legitimate creators. Looking ahead, industry and policymakers must ensure that mobile app platforms function as gateways to innovative and lawful new ways for users to engage with content. Needed improvements to the mobile app ecosystem could be achieved in a variety of ways, including coordinated, voluntary best practice initiatives, created through a multistakeholder process. ACTION NO. 2.15: Encourage research and development of industry standards and best practices created through a multistakeholder process involving a diverse set of interested parties to curb IP-infringing apps and abuses on app platforms while protecting the rights of users to use apps for non-infringing and other protected activities. Content owners and app developments, together with app stores and other relevant stakeholders, are encouraged to create or enhance existing tools that identify IP-infringing apps before they become available for purchase. IPEC and other relevant members of the U.S. Interagency Strategic Planning Committees on IP Enforcement will explore opportunities to support the development of balanced and measured best practices for app and app distribution platforms. 5. Putting the Consumer First: Combatting Operators of Notorious Websites by Way of Consumer Education. The digital economy is a significant driver of U.S. economic growth, 74 but it cannot fully succeed if consumers do not trust their security and privacy online. The public and private sectors jointly share a responsibility to promote a safe and secure Internet that minimizes opportunities for deception and fraud and reduces the vulnerability of web users. Cooperation between the public and private sectors can bolster the security and integrity of the Internet environment while ensuring the free flow of information vital to the structure of the digital economy. By way of example, Internet and tech companies came together in the early-2000s to support an initiative to protect consumers from malware— computer viruses, spyware, and the programs that steal data, send spam, or otherwise infect a user’s computer—in a manner that consumers can understand, and learn from in the process. 75 This and other initiatives have resulted in something to which web users are now all well accustomed, i.e., educational banner pop-ups informing a user that the target site is suspected of propagating malware (FIG. 42, alternate page). In this spirit, a leading search provider partnered with the U.S. Food and Drug Administration (FDA) in late 2015 to help give users more information about the dangers of visiting unsafe online pharmacies so they can make informed decisions. 76 The educational pop-up shown in Figure No. 43 appears when a participating search user clicks on a pharmaceutical site that has been cited by the FDA as a fake online pharmacy engaged in illegal activity, such as the sale of counterfeit drugs to U.S. consumers. FIG. 43: “Fake Online Pharmacy” Educational Pop-Up. This educational pop-up does not prevent users from visiting the site, but rather cautions them about the possible risks of proceeding to the site, and in turn provides links to resources where they can learn more about selecting a safe online pharmacy. If the owner of an affected site believes that the pop-up notice is in error, there is a process in place for that company to address the issue. These and other evolving online practices are educating the public and providing enhanced trust and security in areas that pose significant risk of harm to the public. There is an opportunity to develop new, and to refine existing, targeted educational campaigns for purposes of consumer protection. As exemplified in the FDA-Search example, public-private partnerships aimed at reducing the consumer knowledge gap through the development of appropriate education initiatives enable consumers to make better informed and safer online transactions. 74
Office of the Intellectual Property Enforcement Coordinator FIG. 42: Examples of Educational Pop-Ups Issued by Search, Browsers, Operating Systems, and Anti-Virus Software. Excerpt from The Economist “The most troubling recent trend is that online counterfeiters have discovered a new source of revenue. Some of their sites have no goods to sell, real or fake. They are simply out to steal unwitting shoppers’ card details, a business that can enjoy higher margins than [counterfeiting].” (August 1, 2015) Source: http://www.economist.com/news/business/ 21660111-makers-expensive-bags-clothesand-watches-are-fighting-fakery-courts-battle. One area that may be appropriate for private sector consideration as an educational pilot program is to identify the sub-set of websites dedicated to engaging in the sale of counterfeit goods, where payment processing services have been expressly withdrawn by one or more credit card networks (a verifiable factor), but where the withdrawn service provider’s logo remains visible on the “checkout page.” In this case, the consumer is lured to enter his or her credit card information (and other PII) in a situation where the site operator, brand owner, payment processor and others are fully aware that the transaction will not go through, but where the PII may nonetheless be compromised. A similar pop-up warning message—at search level, at the browser level, by the operating system, or by way of an antivirus software provider—may be appropriate in this limited circumstance, subject to adequate controls. SECTION 2 75
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U.S. JOINT STRATEGIC PLAN ON INTELL
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PREAMBLE A Reflection on Creativity
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INTRODUCTION IP-intensive industrie
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ACKNOWLEDGEMENTS With thanks to, an
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