his closing comments. I could only think
And they were very powerful that if you like, tis how much you're
going to like mine on the subject of intellectual property.
Um, but before I do that, I know you've you've been spending a lot
of time here. Do you have much experience in matters of copyright
protection, patent protection.
Senator. I, um, I mentioned earlier that I did a trademark case.
Um not that I looked up the menu. Uh, it looks like really good menu.
I think it's a good restaurant. They had a lot of evidence to that
effect. I haven't done a lot of food or a restaurant trademark work.
But when I'm
Came to judiciary. Fortunately, they
The former chair and the current chair, indulged us and reinstituting
the intellectual property subcommittee and I love that committee.
Because you really have to work hard to be partisan in it, And in
fact, it's not partisan. I worked very well with as the chair with
Senator Coons and done very well with
With Senator Leahy and Senator Romano and working together on things
that I think are really important, because I think one of the things
that make the country great is the founding fathers got it right
on understanding the value of intellectual property and how
It could catapult us into the innovation powerhouse that we are today.
Um so I may ask you a few questions about it, but I'm not gonna dig
too deeply. I do want to go back.
To maybe getting a suggestion from you. I thought I told you. I don't
even pretend to be an attorney. But I am
About 30 years into technology. As a matter of fact, I spent two
years in Boston when laboratories and and it was no coincidence,
having been born and raised in Florida.
That I moved one September because I couldn't bear another winner.
Um, but but I made a better in the technical fields. I was working
on on P or Internet protocol before anybody knew what Internet protocol
was back in the early nineties and
I do think that we should go away and understand the threat if you've
seen the multiple
Of illicit activities. And for the purposes of this discussion, um
Child pornography. Now imagine what is going to be like
Five years from now, Um
I was talking with someone in the hallway. Uh, they're taking a playbook
from drug kingpins.
They they creators.
And the aggregators and the distributors are using technology. I
think, in some cases to reach out to people and then sent them
Mhm.
To go to these websites.
To infect their computers to download thousands, potentially from
a single click.
I think that we have to examine these criminal enterprises and put
law enforcement resources and to cutting the heads up of these people,
Figuratively speaking.
And one of the ways you do that is to provide. I think more ways
to go about prosecute more technology.
That we need to cut down the supply, but we still have to deal with
the demand and that's another area where these
criminal organizations and others are taking advantage.
And
You know today, If you think about technology 10 years ago, it was
a little odd at least 15 years ago.
To see a child. I've got two granddaughters. One is four years old.
One is two years old, their technical technologically savvy As matter
of fact, I love talking to him on the phone. But even my two year
old knows how to deal with the filters, too.
Make me look like I've got the rabbit ears and everything. They're
technologically savvy.
There's a real danger there that these horrible people and I genuinely
believe that you think
They're horrible people.
Are going
Excuse me, they're going to infect.
And destroy a lot of lives. And so I don't know. Is it? What? The
sentencing Commission? How would how and incidentally, this is the
toxic subject.
In Congress, because if you start talking about better understanding
those most people are going to run away from it, but we do it at
the expense of destroying a lot of victims Lights.
So I don't Unless you have ideas off the top of your head. I'm trying
to get an idea of how we can make people understand we. Maybe we
could even have a discussion to say that the penalties today or the
floor.
To begin the discussion just to simply eliminate people from making
this so toxic that we don't better understand it and get ahead of
it. But
How can we even start having an intelligent discussion and a productive
discussion where Congress is clearly going to need to act to do what?
I think everybody in this room wants to do?
As as just erase it from the planet of the earth, or at least make
a lot of progress. Because quite honestly, it has exponentially grown,
and there are exponentially more victims today.
Then there were even 10 years ago.
Any ideas.
Thank you, Senator. I actually don't. I haven't been, um
Working on or looking at or dealing with sentencing policy for a
long time now.
Um, in my work as a judge, we're looking at individual cases, not
systems or
Crime organizations and policies related to them.
I think it's something that we should take seriously and after we
cool temperatures and have people have legitimate concerns about
Some of the Rollings. I think that we have to clear up some of the
complexity and recognize that Congress is a part of the solution.
Okay, now on the weighty subject of intellectual property are Are
you familiar with the copyright preemption
under section 301, a
No, I haven't worked with that.
I would have expected you to necessarily, but, um and I won't get
into a patent questions. We've got a lot of work.
That I think ultimately is going to require us getting rid of the
shambles of jurisprudence that we have. It's a very complicated field.
We've got a lot of mixed signals and current jurisprudence, and my
committee is working on that. So it may be something that ultimately
works its way up to you all.
If you're confirmed, but I'm not gonna take a lot of time, particularly
because the hour is late Nine tend to yield back some of my time.
I don't want to go back because I felt like
This morning when I went through
Some of my comments I mentioned law enforcement talked about.
A couple of your decisions that gave me pause, mainly.
Alright. Excuse me because
Um, you know, law enforcement's under attack. Um, law enforcement
needs to be held to a high standard. I've been involved in this for
nearly 22 years, making sure that when I was a town councilman
That we did something audacious and spend a lot of money and getting
our law enforcement officers in a small town of only 20,000 people.
Kallias certified. That's a national certification to make sure that
they understand how to deescalate.
Get engaged in the community and and reduce crime and and it worked.
But now we've you know, there's some people that think it's fashionable
to attack the police. Um, and to defund the police, and quite honestly,
there's increasing data.
That suggests the communities that are allowed us about that are
becoming the least safe. So I want to ask you mentioned several times.
I think yesterday and more today about your methodology.
So if it is the United States vs Jenkins fresh in your mind or roughly
fresh in your mind.
Um
Criminal pleaded guilty to assaulting the law assaulting law officer.
It was his third conviction.
And assaulting a law enforcement officer. The government rank recommended
30 months.
The defense.
Recommended 21 months and you decided to go with an 18 month sentence.
So I was trying it, does it do you recall?
I don't recall. I would want to look at the records and see the probation
officer's recommendation as well. Okay, And that again is something
I wouldn't have access to. So I'm just trying to figure out whether
mitigating
Circumstances were and there were other ones and unless you immediately
call it, I'm not going to ask you to go into details. The other one
was United States versus weeks.
Ah!
Similar situation. Um there was a 24 month request from the government.
For the conviction on assaulting an officer and you gave him 12 months.
And are you from? Does that ring a bell United States versus weeks?
I think weeks had a number of different
Appearances, and there were different aspects to his case. But I'd
have to look at the whole filed to recall that I just felt like the
again because I know that you've rendered some 100 sentences over.
A period of time. I wouldn't expect you, but it does. It is an area
that it will submit it as a question for the record so that maybe
you can
Refresh your memory and try to get back on that because it's something
that for one thing that we need to
Place a priority on we've got so many law enforcement agencies across
the country now Excuse me that
We're having a hard time recruiting people and having a hard time
retaining people. A lot of people are retiring.
And, um, you know, I know not every police officers and angel. I
was talking with somebody in my opera in my office who
Was talking about her brother. She had a lot of confidence and she
was here to talk to me about police reforms. And, uh, I actually
believed that the vast majority of police officers like your brother
Um and your family members were good people and a part of what we
have to do is just make sure that
When we have these assaults, which are increasing that we have just
punishment because we need to do that further protection, not only
the law enforcement officers, but the communities they serve.
Um
So you know, and and I'm going to yield back, Tom, because I know
we've got to other people.
Talk. And, you know, I thought you've done a great job. Over the
last two days. I've tried to be here. I had an emergency in Adelaide
for about an hour and a half, but I tried to be here for a business
emergency emergency.
But I thought that you presented yourself well, and there was a lot
of pressure. Um and, uh, that demonstrates certain temperament or
poise. Can't imagine what's going on inside your head, but at least
overtly
You did very well and you should be proud of that. It's not anything
it's. It's very easy up here.
Um
To feel comfortable right? Because there's 22 of us and it's not
like you can
Really come at us. So you have an arm.
Tied behind your back, and I'm sure that there were a number of things
you'd like to say. But time didn't allow. But
Um, you know, I just want to commend you, your family.
Your daughter who has been glowing
every time you talk.
And I appreciate your service. Thank you. You're back. Mr. Chair.