I’ve written a few articles for EE Times recently about the problem the electronics industry faces with counterfeit parts. It’s serious, expensive, and by all indications the problem is getting worse.
One of those articles, entitled Poison in the Veins and published October 24, detailed the government’s case against two employees of VisionTech Components, a Clearwater, Florida-based independent distributor. Over the course of a few years, the government alleged, the company imported counterfeits from China that it sold to the U.S. Navy, defense contractors and others, marketing some of the products as “military grade.”
One of the charged VisionTech’s employees pleaded guilty in November 2010. The October 25, the day after the EE Times article was published, she was sentenced to 38 months in jail. It was the first federal prosecution in a case involving the trafficking of counterfeit semiconductors.
The VisionTech case revealed just how endemic the problem had become and how deeply the US military has been affected. The perceived threat to national security from counterfeit parts raised the hackles of Congress, and starting in early 2011 a number of House and Senate committees held hearing to determine the extent of the problem. And the Senate Armed Services Committee opened a formal investigation in March.
2011 was the year that counterfeiting became a national security issue. The gloved came off.
The VisionTech case also revealed a flaw inherent in a US Customs and Border Patrol (CBP) policy commonly referred to as the “Redaction Policy.” The policy required CBP officers who share photos of suspected counterfeits with OCMs to black out all markings on the suspect chip beforehand. CBP claimed that sharing the markings would violate the US Trade Secrets Act. The Semiconductor Industry Association and others argued the CBP’s position was unjustified and testified to Congress that CBP’s redaction policy meant component manufacturers could not provide any meaningful feedback to CBP requests that would help them catch the bad guys.
EE Times documented all this in the October article. Our reporting found that the CBP was unique among government agencies in holding this position and was roundly criticized by industry. Its position just didn’t make any sense.
Evidence from the VisionTech case also revealed the role that China is playing in perpetuating counterfeits. The company’s counterfeits were sourced from either Hong Kong or the PRC. The Senate Armed Services Committee came to the same conclusion from its investigation: China was the worst offender.
In December, Senator Carl Levin, Chairman of the SSASC, and John McCain, the committee’s ranking minority member, co-authored an amendment to the 2012 Defense Appropriations Act that addressed the counterfeit issue head on. Among other things, it included a section authorizing the Secretary of Treasury to require CBP to…
“share information appearing on, and unredacted samples of, products and their packaging and labels, or photographs of such products, packaging and labels, with the rightsholders of the trademarks suspected of being copied or simulated, for the purposes of determining whether the products are prohibited from importation…”
President Obama signed the NDAA into law on December 31. It included the language Levin and McCain wrote.
By bringing this issue to the public’s attention when we did, EE Times would like to think we played a role, however small, in influencing legislation that corrected a flaw the system. The fight against counterfeits is far from over but EE Times would like to think we helped made a difference.
-- Bruce Rayner is a contributing editor to EE Times