An obscure government agency, the International Trade Commission, is charged with protecting American business from intellectual property theft, copyright infringement, and unfair trade practices. With these laudable goals, the ITC has unfortunately sprung forth and stormed beyond the scope of its…
, “to investigate potential infringement of the intellectual property of entities with a ‘domestic industry’ related to their IP and to bar the importation of products found to infringe through an ‘exclusion order.’” One of the problems with this is that “domestic industry” is defined in an unreasonably vague and anti-American, Orwellian manner that allows foreign companies to take advantage of the ITC to steal IP.
The ITC, in theory, is required by law to consider the harm to U.S. public interest when deciding whether to issue a product ban. But the ITC has not used any U.S. public interest standards to stop an exclusion order since the 1980s. The agency simply does not care who is harmed by its actions. The ITC has charted a ruinous and self-determined mandate to decide matters it is neither competent nor empowered to determine, all to the detriment of industry and the American economy. Its vague rulemaking and burdensome regulations are far from what the Founders intended when they wrote the Constitution, which envisions a lean and austere federal government with liberty as the rule and government regulation as the exception. We have turned this understanding on its head.
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