Should IP rights be enforced via shadow regulations that aren’t vetted or endorsed by users? According to a just-released report, the U.S. Intellectual Property Enforcement Coordinator (IPEC) thinks they should. We disagree.

We’ve written here about the danger posed by Internet regulation done through private agreements. These agreements, sometimes called codes, standards, or “best practices,” have a tendency to become shadow regulations, which can limit individual freedom. They’re also a way for governments to control the behavior of Internet users, or to favor some users over others by quietly coercing Internet companies to disguise government policy as “voluntary” private agreements.

Americans pay by far the highest prices in the world for most prescription drugs, and of course big pharma would like to keep it that way. Key measures that the industry relies upon in this regard are the Prescription Drug Marketing Act [PDF] and Ryan Haight Online Pharmacy Consumer Protection Act [PDF], which make it unlawful for most Americans to access lower-priced drugs from overseas, coupled with the powers of U.S. Customs and Border Protection (CBP) to seize such drugs at the border on their own initiative.