{"id":616,"date":"2012-01-27T19:45:23","date_gmt":"2012-01-28T00:45:23","guid":{"rendered":"http:\/\/www.hephaestusproject.com\/blog\/?page_id=616"},"modified":"2012-01-27T23:24:05","modified_gmt":"2012-01-28T04:24:05","slug":"pipa","status":"publish","type":"page","link":"https:\/\/www.hephaestusproject.com\/blog\/contentindustry\/billsandtradeagreements\/pipa\/","title":{"rendered":"PIPA"},"content":{"rendered":"

PIPA –\u00a0PROTECT IP Act<\/a><\/p>\n

 <\/p>\n

II
\nCalendar No. 70
\n112TH CONGRESS
\n1ST SESSION
\nS. 968
\nTo prevent online threats to economic creativity and theft of intellectual
\nproperty, and for other purposes.
\nIN THE SENATE OF THE UNITED STATES
\nMAY 12, 2011
\nMr. LEAHY (for himself, Mr. HATCH, Mr. GRASSLEY, Mr. SCHUMER, Mrs.
\nFEINSTEIN, Mr. WHITEHOUSE, Mr. GRAHAM, Mr. KOHL, Mr. COONS,
\nMr. BLUMENTHAL, Ms. KLOBUCHAR, Mr. FRANKEN, Mr. BLUNT, Mr.
\nALEXANDER, Mrs. GILLIBRAND, and Mr. RUBIO) introduced the following
\nbill; which was read twice and referred to the Committee on the Judiciary
\nMAY 26, 2011
\nReported by Mr. LEAHY, with an amendment
\n[Strike out all after the enacting clause and insert the part printed in italic]
\nA BILL
\nTo prevent online threats to economic creativity and theft
\nof intellectual property, and for other purposes.
\n1 Be it enacted by the Senate and House of Representa-
\n2 tives of the United States of America in Congress assembled,
\n3 SECTION 1. SHORT TITLE.
\n4 This Act may be cited as the \u2018\u2018Preventing Real Online
\n5 Threats to Economic Creativity and Theft of Intellectual
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\n1 Property Act of 2011\u2019\u2019 or the \u2018\u2018PROTECT IP Act of
\n2 2011\u2019\u2019.
\n3 SEC. 2. DEFINITIONS.
\n4 For purposes of this Act\u2014
\n5 (1) the term \u2018\u2018domain name\u2019\u2019 has the same
\n6 meaning as in section 45 of the Lanham Act (15
\n7 U.S.C. 1127);
\n8 (2) the term \u2018\u2018domain name system server\u2019\u2019
\n9 means a server or other mechanism used to provide
\n10 the Internet protocol address associated with a do-
\n11 main name;
\n12 (3) the term \u2018\u2018financial transaction provider\u2019\u2019
\n13 has the same meaning as in section 5362(4) of title
\n14 31, United States Code;
\n15 (4) the term \u2018\u2018information location tool\u2019\u2019 has the
\n16 same meaning as described in subsection (d) of sec-
\n17 tion 512 of title 17, United States Code;
\n18 (5) the term \u2018\u2018Internet advertising service\u2019\u2019
\n19 means a service that for compensation sells, pur-
\n20 chases, brokers, serves, inserts, verifies, or clears the
\n21 placement of an advertisement, including a paid or
\n22 sponsored search result, link, or placement that is
\n23 rendered in viewable form for any period of time on
\n24 an Internet site;
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\n1 (6) the term \u2018\u2018Internet site\u2019\u2019 means the collec-
\n2 tion of digital assets, including links, indexes, or
\n3 pointers to digital assets, accessible through the
\n4 Internet that are addressed relative to a common do-
\n5 main name;
\n6 (7) the term \u2018\u2018Internet site dedicated to infring-
\n7 ing activities\u2019\u2019 means an Internet site that\u2014
\n8 (A) has no significant use other than en-
\n9 gaging in, enabling, or facilitating the\u2014
\n10 (i) reproduction, distribution, or pub-
\n11 lic performance of copyrighted works, in
\n12 complete or substantially complete form, in
\n13 a manner that constitutes copyright in-
\n14 fringement under section 501 of title 17,
\n15 United States Code;
\n16 (ii) violation of section 1201 of title
\n17 17, United States Code; or
\n18 (iii) sale, distribution, or promotion of
\n19 goods, services, or materials bearing a
\n20 counterfeit mark, as that term is defined
\n21 in section 34(d) of the Lanham Act; or
\n22 (B) is designed, operated, or marketed by
\n23 its operator or persons operating in concert
\n24 with the operator, and facts or circumstances
\n25 suggest is used, primarily as a means for enVerDate Mar 15 2010 00:29 May 27, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\\BILLS\\S968.RS S968
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\n1 gaging in, enabling, or facilitating the activities
\n2 described under clauses (i), (ii), or (iii) of sub-
\n3 paragraph (A);
\n4 (8) the term \u2018\u2018Lanham Act\u2019\u2019 means the Act en-
\n5 titled \u2018\u2018An Act to provide for the registration and
\n6 protection of trademarks used in commerce, to carry
\n7 out the provisions of certain international conven-
\n8 tions, and for other purposes\u2019\u2019, approved July 5,
\n9 1946 (commonly referred to as the \u2018\u2018Trademark Act
\n10 of 1946\u2019\u2019 or the \u2018\u2018Lanham Act\u2019\u2019);
\n11 (9) the term \u2018\u2018nondomestic domain name\u2019\u2019
\n12 means a domain name for which the domain name
\n13 registry that issued the domain name and operates
\n14 the relevant top level domain, and the domain name
\n15 registrar for the domain name, are not located in the
\n16 United States;
\n17 (10) the term \u2018\u2018owner\u2019\u2019 or \u2018\u2018operator\u2019\u2019 when
\n18 used in connection with an Internet site shall in-
\n19 clude, respectively, any owner of a majority interest
\n20 in, or any person with authority to operate, such
\n21 Internet site; and
\n22 (11) the term \u2018\u2018qualifying plaintiff\u2019\u2019 means\u2014
\n23 (A) the Attorney General of the United
\n24 States; or
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\n1 (B) an owner of an intellectual property
\n2 right, or one authorized to enforce such right,
\n3 harmed by the activities of an Internet site
\n4 dedicated to infringing activities occurring on
\n5 that Internet site.
\n6 SEC. 3. ENHANCING ENFORCEMENT AGAINST ROGUE
\n7 WEBSITES OPERATED AND REGISTERED
\n8 OVERSEAS.
\n9 (a) COMMENCEMENT OF AN ACTION.\u2014
\n10 (1) IN PERSONAM.\u2014The Attorney General may
\n11 commence an in personam action against\u2014
\n12 (A) a registrant of a nondomestic domain
\n13 name used by an Internet site dedicated to in-
\n14 fringing activities; or
\n15 (B) an owner or operator of an Internet
\n16 site dedicated to infringing activities accessed
\n17 through a nondomestic domain name.
\n18 (2) IN REM.\u2014If through due diligence the At-
\n19 torney General is unable to find a person described
\n20 in subparagraphs (A) or (B) of paragraph (1), or no
\n21 such person found has an address within a judicial
\n22 district of the United States, the Attorney General
\n23 may commence an in rem action against a non-
\n24 domestic domain name used by an Internet site dedi-
\n25 cated to infringing activities.
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\n1 (b) ORDERS OF THE COURT.\u2014
\n2 (1) IN GENERAL.\u2014On application of the Attor-
\n3 ney General following the commencement of an ac-
\n4 tion under this section, the court may issue a tem-
\n5 porary restraining order, a preliminary injunction, or
\n6 an injunction, in accordance with rule 65 of the Fed-
\n7 eral Rules of Civil Procedure, against the non-
\n8 domestic domain name used by an Internet site dedi-
\n9 cated to infringing activities, or against a registrant
\n10 of such domain name, or the owner or operator of
\n11 such Internet site dedicated to infringing activities,
\n12 to cease and desist from undertaking any further ac-
\n13 tivity as an Internet site dedicated to infringing ac-
\n14 tivities, if\u2014
\n15 (A) the domain name is used within the
\n16 United States to access such Internet site; and
\n17 (B) the Internet site\u2014
\n18 (i) conducts business directed to resi-
\n19 dents of the United States; and
\n20 (ii) harms holders of United States in-
\n21 tellectual property rights.
\n22 (2) DETERMINATION BY THE COURT.\u2014For pur-
\n23 poses of determining whether an Internet site con-
\n24 ducts business directed to residents of the United
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\n1 States under paragraph (1)(B)(i), a court may con-
\n2 sider, among other indicia, whether\u2014
\n3 (A) the Internet site is providing goods or
\n4 services described in section 2(7) to users lo-
\n5 cated in the United States;
\n6 (B) there is evidence that the Internet site
\n7 is not intended to provide\u2014
\n8 (i) such goods and services to users
\n9 located in the United States;
\n10 (ii) access to such goods and services
\n11 to users located in the United States; and
\n12 (iii) delivery of such goods and serv-
\n13 ices to users located in the United States;
\n14 (C) the Internet site has reasonable meas-
\n15 ures in place to prevent such goods and services
\n16 from being accessed from or delivered to the
\n17 United States;
\n18 (D) the Internet site offers services ob-
\n19 tained in the United States; and
\n20 (E) any prices for goods and services are
\n21 indicated in the currency of the United States.
\n22 (c) NOTICE AND SERVICE OF PROCESS.\u2014
\n23 (1) IN GENERAL.\u2014Upon commencing an action
\n24 under this section, the Attorney General shall send
\n25 a notice of the alleged violation and intent to proVerDate Mar 15 2010 00:29 May 27, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\\BILLS\\S968.RS S968
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\n1 ceed under this Act to the registrant of the domain
\n2 name of the Internet site\u2014
\n3 (A) at the postal and e-mail address ap-
\n4 pearing in the applicable publicly accessible
\n5 database of registrations, if any and to the ex-
\n6 tent such addresses are reasonably available;
\n7 (B) via the postal and e-mail address of
\n8 the registrar, registry, or other domain name
\n9 registration authority that registered or as-
\n10 signed the domain name, to the extent such ad-
\n11 dresses are reasonably available; and
\n12 (C) in any other such form as the court
\n13 finds necessary, including as may be required
\n14 by Rule 4(f) of the Federal Rules of Civil Pro-
\n15 cedure.
\n16 (2) RULE OF CONSTRUCTION.\u2014For purposes of
\n17 this section, the actions described in this subsection
\n18 shall constitute service of process.
\n19 (d) REQUIRED ACTIONS BASED ON COURT OR-
\n20 DERS.\u2014
\n21 (1) SERVICE.\u2014A Federal law enforcement offi-
\n22 cer, with the prior approval of the court, may serve
\n23 a copy of a court order issued pursuant to this sec-
\n24 tion on similarly situated entities within each class
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\n1 described in paragraph (2). Proof of service shall be
\n2 filed with the court.
\n3 (2) REASONABLE MEASURES.\u2014After being
\n4 served with a copy of an order pursuant to this sub-
\n5 section:
\n6 (A) OPERATORS.\u2014
\n7 (i) IN GENERAL.\u2014An operator of a
\n8 nonauthoritative domain name system
\n9 server shall take the least burdensome
\n10 technically feasible and reasonable meas-
\n11 ures designed to prevent the domain name
\n12 described in the order from resolving to
\n13 that domain name\u2019s Internet protocol ad-
\n14 dress, except that\u2014
\n15 (I) such operator shall not be re-
\n16 quired\u2014
\n17 (aa) other than as directed
\n18 under this subparagraph, to mod-
\n19 ify its network, software, sys-
\n20 tems, or facilities;
\n21 (bb) to take any measures
\n22 with respect to domain name
\n23 lookups not performed by its own
\n24 domain name server or domain
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\n1 name system servers located out-
\n2 side the United States; or
\n3 (cc) to continue to prevent
\n4 access to a domain name to
\n5 which access has been effectively
\n6 disable by other means; and
\n7 (II) nothing in this subparagraph
\n8 shall affect the limitation on the liabil-
\n9 ity of such an operator under section
\n10 512 of title 17, United States Code.
\n11 (ii) TEXT OF NOTICE.\u2014The Attorney
\n12 General shall prescribe the text of the no-
\n13 tice displayed to users or customers of an
\n14 operator taking an action pursuant to this
\n15 subparagraph. Such text shall specify that
\n16 the action is being taken pursuant to a
\n17 court order obtained by the Attorney Gen-
\n18 eral.
\n19 (B) FINANCIAL TRANSACTION PRO-
\n20 VIDERS.\u2014A financial transaction provider shall
\n21 take reasonable measures, as expeditiously as
\n22 reasonable, designed to prevent, prohibit, or
\n23 suspend its service from completing payment
\n24 transactions involving customers located within
\n25 the United States and the Internet site associVerDate Mar 15 2010 00:29 May 27, 2011 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\\BILLS\\S968.RS S968
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\n1 ated with the domain name set forth in the
\n2 order.
\n3 (C) INTERNET ADVERTISING SERVICES.\u2014
\n4 An Internet advertising service that contracts
\n5 with the Internet site associated with the do-
\n6 main name set forth in the order to provide ad-
\n7 vertising to or for that site, or which knowingly
\n8 serves advertising to or for such site, shall take
\n9 technically feasible and reasonable measures, as
\n10 expeditiously as reasonable, designed to\u2014
\n11 (i) prevent its service from providing
\n12 advertisements to the Internet site associ-
\n13 ated with such domain name; or
\n14 (ii) cease making available advertise-
\n15 ments for that site, or paid or sponsored
\n16 search results, links or other placements
\n17 that provide access to the domain name.
\n18 (D) INFORMATION LOCATION TOOLS.\u2014An
\n19 information location tool shall take technically
\n20 feasible and reasonable measures, as expedi-
\n21 tiously as possible, to\u2014
\n22 (i) remove or disable access to the
\n23 Internet site associated with the domain
\n24 name set forth in the order; or
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\n1 (ii) not serve a hypertext link to such
\n2 Internet site.
\n3 (3) COMMUNICATION WITH USERS.\u2014Except as
\n4 provided under paragraph (2)(A)(ii), an entity tak-
\n5 ing an action described in this subsection shall de-
\n6 termine whether and how to communicate such ac-
\n7 tion to the entity\u2019s users or customers.
\n8 (4) RULE OF CONSTRUCTION.\u2014For purposes of
\n9 an action commenced under this section, the obliga-
\n10 tions of an entity described in this subsection shall
\n11 be limited to the actions set out in each paragraph
\n12 or subparagraph applicable to such entity, and no
\n13 order issued pursuant to this section shall impose
\n14 any additional obligations on, or require additional
\n15 actions by, such entity.
\n16 (5) ACTIONS PURSUANT TO COURT ORDER.\u2014
\n17 (A) IMMUNITY FROM SUIT.\u2014No cause of
\n18 action shall lie in any Federal or State court or
\n19 administrative agency against any entity receiv-
\n20 ing a court order issued under this subsection,
\n21 or against any director, officer, employee, or
\n22 agent thereof, for any act reasonably designed
\n23 to comply with this subsection or reasonably
\n24 arising from such order, other than in an action
\n25 pursuant to subsection (e).
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\n1 (B) IMMUNITY FROM LIABILITY.\u2014Any en-
\n2 tity receiving an order under this subsection,
\n3 and any director, officer, employee, or agent
\n4 thereof, shall not be liable to any party for any
\n5 acts reasonably designed to comply with this
\n6 subsection or reasonably arising from such
\n7 order, other than in an action pursuant to sub-
\n8 section (e), and any actions taken by customers
\n9 of such entity to circumvent any restriction on
\n10 access to the Internet domain instituted pursu-
\n11 ant to this subsection or any act, failure, or in-
\n12 ability to restrict access to an Internet domain
\n13 that is the subject of a court order issued pur-
\n14 suant to this subsection despite good faith ef-
\n15 forts to do so by such entity shall not be used
\n16 by any person in any claim or cause of action
\n17 against such entity, other than in an action
\n18 pursuant to subsection (e).
\n19 (e) ENFORCEMENT OF ORDERS.\u2014
\n20 (1) IN GENERAL.\u2014In order to compel compli-
\n21 ance with this section, the Attorney General may
\n22 bring an action for injunctive relief against any
\n23 party receiving a court order issued pursuant to this
\n24 section that knowingly and willfully fails to comply
\n25 with such order.
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\n1 (2) RULE OF CONSTRUCTION.\u2014The authority
\n2 granted the Attorney General under paragraph (1)
\n3 shall be the sole legal remedy for enforcing the obli-
\n4 gations under this section of any entity described in
\n5 subsection (d).
\n6 (3) DEFENSE.\u2014A defendant in an action under
\n7 paragraph (1) may establish an affirmative defense
\n8 by showing that the defendant does not have the
\n9 technical means to comply with the subsection with-
\n10 out incurring an unreasonable economic burden, or
\n11 that the order is inconsistent with this Act. This
\n12 showing shall serve as a defense only to the extent
\n13 of such inability to comply or to the extent of such
\n14 inconsistency.
\n15 (f) MODIFICATION OR VACATION OF ORDERS.\u2014
\n16 (1) IN GENERAL.\u2014At any time after the
\n17 issuance of an order under subsection (b), a motion
\n18 to modify, suspend, or vacate the order may be filed
\n19 by\u2014
\n20 (A) any person, or owner or operator of
\n21 property, bound by the order;
\n22 (B) any registrant of the domain name, or
\n23 the owner or operator of the Internet site sub-
\n24 ject to the order;
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\n1 (C) any domain name registrar or registry
\n2 that has registered or assigned the domain
\n3 name of the Internet site subject to the order;
\n4 or
\n5 (D) any entity that has received a copy of
\n6 an order pursuant to subsection (d) requiring
\n7 such entity to take action prescribed in that
\n8 subsection.
\n9 (2) RELIEF.\u2014Relief under this subsection shall
\n10 be proper if the court finds that\u2014
\n11 (A) the Internet site associated with the
\n12 domain name subject to the order is no longer,
\n13 or never was, an Internet site dedicated to in-
\n14 fringing activities; or
\n15 (B) the interests of justice require that the
\n16 order be modified, suspended, or vacated.
\n17 (3) CONSIDERATION.\u2014In making a relief deter-
\n18 mination under paragraph (2), a court may consider
\n19 whether the domain name has expired or has been
\n20 re-registered by a different party.
\n21 (g) RELATED ACTIONS.\u2014The Attorney General, if al-
\n22 leging that an Internet site previously adjudicated to be
\n23 an Internet site dedicated to infringing activities is acces-
\n24 sible or has been reconstituted at a different domain
\n25 name, may commence a related action under this section
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\n1 against the additional domain name in the same judicial
\n2 district as the previous action.
\n3 SEC. 4. ELIMINATING THE FINANCIAL INCENTIVE TO STEAL
\n4 INTELLECTUAL PROPERTY ONLINE.
\n5 (a) COMMENCEMENT OF AN ACTION.\u2014
\n6 (1) IN PERSONAM.\u2014A qualifying plaintiff may
\n7 commence an in personam action against\u2014
\n8 (A) a registrant of a domain name used by
\n9 an Internet site dedicated to infringing activi-
\n10 ties; or
\n11 (B) an owner or operator of an Internet
\n12 site dedicated to infringing activities accessed
\n13 through a domain name.
\n14 (2) IN REM.\u2014If through due diligence a quali-
\n15 fying plaintiff is unable to find a person described
\n16 in subparagraphs (A) or (B) of paragraph (1), or no
\n17 such person found has an address within a judicial
\n18 district of the United States, the Attorney General
\n19 may commence an in rem action against a domain
\n20 name used by an Internet site dedicated to infring-
\n21 ing activities.
\n22 (b) ORDERS OF THE COURT.\u2014
\n23 (1) IN GENERAL.\u2014On application of a quali-
\n24 fying plaintiff following the commencement of an ac-
\n25 tion under this section, the court may issue a temVerDate Mar 15 2010 00:29 May 27, 2011 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6401 E:\\BILLS\\S968.RS S968
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\n1 porary restraining order, a preliminary injunction, or
\n2 an injunction, in accordance with rule 65 of the Fed-
\n3 eral Rules of Civil Procedure, against the domain
\n4 name used by an Internet site dedicated to infring-
\n5 ing activities, or against a registrant of such domain
\n6 name, or the owner or operator of such Internet site
\n7 dedicated to infringing activities, to cease and desist
\n8 from undertaking any further activity as an Internet
\n9 site dedicated to infringing activities, if\u2014
\n10 (A) the domain name is registered or as-
\n11 signed by a domain name registrar or domain
\n12 name registry that located or doing business in
\n13 the United States; or
\n14 (B)(i) the domain name is used within the
\n15 United States to access such Internet site; and
\n16 (ii) the Internet site\u2014
\n17 (I) conducts business directed to resi-
\n18 dents of the United States; and
\n19 (II) harms holders of United States
\n20 intellectual property rights.
\n21 (2) DETERMINATION BY THE COURT.\u2014For pur-
\n22 poses of determining whether an Internet site con-
\n23 ducts business directed to residents of the United
\n24 States under paragraph (1)(B)(ii)(I), a court may
\n25 consider, among other indicia, whether\u2014
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\n1 (A) the Internet site is providing goods or
\n2 services described in section 2(7) to users lo-
\n3 cated in the United States;
\n4 (B) there is evidence that the Internet site
\n5 is not intended to provide\u2014
\n6 (i) such goods and services to users
\n7 located in the United States;
\n8 (ii) access to such goods and services
\n9 to users located in the United States; and
\n10 (iii) delivery of such goods and serv-
\n11 ices to users located in the United States;
\n12 (C) the Internet site has reasonable meas-
\n13 ures in place to prevent such goods and services
\n14 from being accessed from or delivered to the
\n15 United States;
\n16 (D) the Internet site offers services ob-
\n17 tained in the United States; and
\n18 (E) any prices for goods and services are
\n19 indicated in the currency of the United States.
\n20 (c) NOTICE AND SERVICE OF PROCESS.\u2014
\n21 (1) IN GENERAL.\u2014Upon commencing an action
\n22 under this section, the qualifying plaintiff shall send
\n23 a notice of the alleged violation and intent to pro-
\n24 ceed under this Act to the registrant of the domain
\n25 name of the Internet site\u2014
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\n1 (A) at the postal and e-mail address ap-
\n2 pearing in the applicable publicly accessible
\n3 database of registrations, if any and to the ex-
\n4 tent such addresses are reasonably available;
\n5 (B) via the postal and e-mail address of
\n6 the registrar, registry, or other domain name
\n7 registration authority that registered or as-
\n8 signed the domain name, to the extent such ad-
\n9 dresses are reasonably available; and
\n10 (C) in any other such form as the court
\n11 finds necessary, including as may be required
\n12 by Rule 4(f) of the Federal Rules of Civil Pro-
\n13 cedure.
\n14 (2) RULE OF CONSTRUCTION.\u2014For purposes of
\n15 this section, the actions described in this subsection
\n16 shall constitute service of process.
\n17 (d) REQUIRED ACTIONS BASED ON COURT OR-
\n18 DERS.\u2014
\n19 (1) SERVICE.\u2014A qualifying plaintiff, with the
\n20 prior approval of the court, may, serve a copy of a
\n21 court order issued pursuant to this section on simi-
\n22 larly situated entities within each class described in
\n23 paragraph (2). Proof of service shall be filed with
\n24 the court.
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\n1 (2) REASONABLE MEASURES.\u2014After being
\n2 served with a copy of an order pursuant to this sub-
\n3 section:
\n4 (A) FINANCIAL TRANSACTION PRO-
\n5 VIDERS.\u2014A financial transaction provider shall
\n6 take reasonable measures, as expeditiously as
\n7 reasonable, designed to prevent, prohibit, or
\n8 suspend its service from completing payment
\n9 transactions involving customers located within
\n10 the United States and the Internet site associ-
\n11 ated with the domain name set forth in the
\n12 order.
\n13 (B) INTERNET ADVERTISING SERVICES.\u2014
\n14 An Internet advertising service that contracts
\n15 with the Internet site associated with the do-
\n16 main name set forth in the order to provide ad-
\n17 vertising to or for that site, or which knowingly
\n18 serves advertising to or for such site, shall take
\n19 technically feasible and reasonable measures, as
\n20 expeditiously as reasonable, designed to\u2014
\n21 (i) prevent its service from providing
\n22 advertisements to the Internet site associ-
\n23 ated with such domain name; or
\n24 (ii) cease making available advertise-
\n25 ments for that site, or paid or sponsored
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\n1 search results, links, or placements that
\n2 provide access to the domain name.
\n3 (3) COMMUNICATION WITH USERS.\u2014An entity
\n4 taking an action described in this subsection shall
\n5 determine how to communicate such action to the
\n6 entity\u2019s users or customers.
\n7 (4) RULE OF CONSTRUCTION.\u2014For purposes of
\n8 an action commenced under this section, the obliga-
\n9 tions of an entity described in this subsection shall
\n10 be limited to the actions set out in each paragraph
\n11 or subparagraph applicable to such entity, and no
\n12 order issued pursuant to this section shall impose
\n13 any additional obligations on, or require additional
\n14 actions by, such entity.
\n15 (5) ACTIONS PURSUANT TO COURT ORDER.\u2014
\n16 (A) IMMUNITY FROM SUIT.\u2014No cause of
\n17 action shall lie in any Federal or State court or
\n18 administrative agency against any entity receiv-
\n19 ing a court order issued under this subsection,
\n20 or against any director, officer, employee, or
\n21 agent thereof, for any act reasonably designed
\n22 to comply with this subsection or reasonably
\n23 arising from such order, other than in an action
\n24 pursuant to subsection (e).
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\n1 (B) IMMUNITY FROM LIABILITY.\u2014Any en-
\n2 tity receiving an order under this subsection,
\n3 and any director, officer, employee, or agent
\n4 thereof, shall not be liable to any party for any
\n5 acts reasonably designed to comply with this
\n6 subsection or reasonably arising from such
\n7 order, other than in an action pursuant to sub-
\n8 section (e), and any actions taken by customers
\n9 of such entity to circumvent any restriction on
\n10 access to the Internet domain instituted pursu-
\n11 ant to this subsection or any act, failure, or in-
\n12 ability to restrict access to an Internet domain
\n13 that is the subject of a court order issued pur-
\n14 suant to this subsection despite good faith ef-
\n15 forts to do so by such entity shall not be used
\n16 by any person in any claim or cause of action
\n17 against such entity, other than in an action
\n18 pursuant to subsection (e).
\n19 (e) ENFORCEMENT OF ORDERS.\u2014
\n20 (1) IN GENERAL.\u2014In order to compel compli-
\n21 ance with this section, the qualifying plaintiff may
\n22 bring an action for injunctive relief against any
\n23 party receiving a court order issued pursuant to this
\n24 section that knowingly and willfully fails to comply
\n25 with such order.
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\n1 (2) RULE OF CONSTRUCTION.\u2014The authority
\n2 granted a qualifying plaintiff under paragraph (1)
\n3 shall be the sole legal remedy for enforcing the obli-
\n4 gations under this section of any entity described in
\n5 subsection (d).
\n6 (3) DEFENSE.\u2014A defendant in an action com-
\n7 menced under paragraph (1) may establish an af-
\n8 firmative defense by showing that the defendant
\n9 does not have the technical means to comply with
\n10 the subsection without incurring an unreasonable
\n11 economic burden, or that the order is inconsistent
\n12 with this Act. This showing shall serve as a defense
\n13 only to the extent of such inability to comply or to
\n14 the extent of such inconsistency.
\n15 (f) MODIFICATION OR VACATION OF ORDERS.\u2014
\n16 (1) IN GENERAL.\u2014At any time after the
\n17 issuance of an order under subsection (b), a motion
\n18 to modify, suspend, or vacate the order may be filed
\n19 by\u2014
\n20 (A) any person, or owner or operator of
\n21 property, bound by the order;
\n22 (B) any registrant of the domain name, or
\n23 the owner or operator of the Internet site sub-
\n24 ject to the order;
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\n1 (C) any domain name registrar or registry
\n2 that has registered or assigned the domain
\n3 name of the Internet site subject to the order;
\n4 or
\n5 (D) any entity that has received a copy of
\n6 an order pursuant to subsection (d) requiring
\n7 such entity to take action prescribed in that
\n8 subsection.
\n9 (2) RELIEF.\u2014Relief under this subsection shall
\n10 be proper if the court finds that\u2014
\n11 (A) the Internet site associated with the
\n12 domain name subject to the order is no longer,
\n13 or never was, dedicated to infringing activities
\n14 as defined in this Act; or
\n15 (B) the interests of justice require that the
\n16 order be modified, suspended, or vacated.
\n17 (3) CONSIDERATION.\u2014In making a relief deter-
\n18 mination under paragraph (2), a court may consider
\n19 whether the domain name has expired or has been
\n20 re-registered by a different party.
\n21 (g) RELATED ACTIONS.\u2014A qualifying plaintiff, if al-
\n22 leging that an Internet site previously adjudicated to be
\n23 an Internet site dedicated to infringing activities is acces-
\n24 sible or has been reconstituted at a different domain
\n25 name, may commence a related action under this section
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\n1 against the additional domain name in the same judicial
\n2 district as the previous action.
\n3 SEC. 5. VOLUNTARY ACTION AGAINST WEBSITES STEALING
\n4 AMERICAN INTELLECTUAL PROPERTY.
\n5 (a) IN GENERAL.\u2014No financial transaction provider
\n6 or Internet advertising service shall be liable for damages
\n7 to any person for voluntarily taking any action described
\n8 in section 3(d) or 4(d) with regard to an Internet site if
\n9 the entity acting in good faith and based on credible evi-
\n10 dence has a reasonable belief that the Internet site is an
\n11 Internet site dedicated to infringing activities.
\n12 (b) INTERNET SITES ENGAGED IN INFRINGING AC-
\n13 TIVITIES THAT ENDANGER THE PUBLIC HEALTH.\u2014
\n14 (1) REFUSAL OF SERVICE.\u2014A domain name
\n15 registry, domain name registrar, financial trans-
\n16 action provider, information location tool, or Inter-
\n17 net advertising service, acting in good faith and
\n18 based on credible evidence, may stop providing or
\n19 refuse to provide services to an infringing Internet
\n20 site that endangers the public health.
\n21 (2) IMMUNITY FROM LIABILITY.\u2014An entity de-
\n22 scribed in paragraph (1), including its directors, offi-
\n23 cers, employees, or agents, that ceases or refused to
\n24 provide services under paragraph (1) shall not be
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\n1 liable to any party under any Federal or State law
\n2 for such action.
\n3 (3) DEFINITIONS.\u2014For purposes of this sub-
\n4 section\u2014
\n5 (A) the term \u2018\u2018adulterated\u2019\u2019 has the same
\n6 meaning as in section 501 of the Federal Food,
\n7 Drug, and Cosmetic Act (21 U.S.C. 351);
\n8 (B) an \u2018\u2018infringing Internet site that en-
\n9 dangers the public health\u2019\u2019 means\u2014
\n10 (i) an Internet site dedicated to in-
\n11 fringing activities for which the counterfeit
\n12 products that it offers, sells, dispenses, or
\n13 distributes are controlled or non-controlled
\n14 prescription medication; or
\n15 (ii) an Internet site that has no sig-
\n16 nificant use other than, or is designed, op-
\n17 erated, or marketed by its operator or per-
\n18 sons operating in concert with the oper-
\n19 ator, and facts or circumstances suggest is
\n20 used, primarily as a means for\u2014
\n21 (I) offering, selling, dispensing,
\n22 or distributing any controlled or non-
\n23 controlled prescription medication,
\n24 and does so regularly without a valid
\n25 prescription; or
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\n1 (II) offering, selling, dispensing,
\n2 or distributing any controlled or non-
\n3 controlled prescription medication,
\n4 and does so regularly for medication
\n5 that is adulterated or misbranded;
\n6 (C) the term \u2018\u2018misbranded\u2019\u2019 has the same
\n7 meaning as in section 502 of the Federal Food,
\n8 Drug, and Cosmetic Act (21 U.S.C. 352); and
\n9 (D) the term \u2018\u2018valid prescription\u2019\u2019 has the
\n10 same meaning as in section 309(e)(2)(A) of the
\n11 Controlled Substances Act (21 U.S.C.
\n12 829(e)(2)(A)).
\n13 SEC. 6. SAVINGS CLAUSES.
\n14 (a) RULE OF CONSTRUCTION RELATING TO CIVIL
\n15 AND CRIMINAL REMEDIES.\u2014Nothing in this Act shall be
\n16 construed to limit or expand civil or criminal remedies
\n17 available to any person (including the United States) for
\n18 infringing activities on the Internet pursuant to any other
\n19 Federal or State law.
\n20 (b) RULE OF CONSTRUCTION RELATING TO VICARI-
\n21 OUS OR CONTRIBUTORY LIABILITY.\u2014Nothing in this Act
\n22 shall be construed to enlarge or diminish vicarious or con-
\n23 tributory liability for any cause of action available under
\n24 title 17, United States Code, including any limitations on
\n25 liability under section 512 of such title 17, or to create
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\n1 an obligation to take action pursuant to section 5 of this
\n2 Act.
\n3 (c) RELATIONSHIP WITH SECTION 512 OF TITLE
\n4 17.\u2014Nothing in this Act, and no order issued or served
\n5 pursuant to sections 3 or 4 of this Act, shall serve as a
\n6 basis for determining the application of section 512 of title
\n7 17, United States Code.
\n8 SEC. 7. GUIDELINES AND STUDIES.
\n9 (a) GUIDELINES.\u2014The Attorney General shall\u2014
\n10 (1) publish procedures developed in consultation
\n11 with other relevant law enforcement agencies, includ-
\n12 ing the United States Immigration and Customs En-
\n13 forcement, to receive information from the public
\n14 about Internet sites dedicated to infringing activi-
\n15 ties;
\n16 (2) provide guidance to intellectual property
\n17 rights holders about what information such rights
\n18 holders should provide law enforcement agencies to
\n19 initiate an investigation pursuant to this Act;
\n20 (3) provide guidance to intellectual property
\n21 rights holders about how to supplement an ongoing
\n22 investigation initiated pursuant to this Act;
\n23 (4) establish standards for prioritization of ac-
\n24 tions brought under this Act;
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\n1 (5) provide appropriate resources and proce-
\n2 dures for case management and development to af-
\n3 fect timely disposition of actions brought under this
\n4 Act; and
\n5 (6) develop a deconfliction process in consulta-
\n6 tion with other law enforcement agencies, including
\n7 the United States Immigration and Customs En-
\n8 forcement, to coordinate enforcement activities
\n9 brought under this Act.
\n10 (b) REPORTS.\u2014
\n11 (1) REPORT ON EFFECTIVENESS OF CERTAIN
\n12 MEASURES.\u2014Not later than 1 year after the date of
\n13 enactment of this Act, the Secretary of Commerce,
\n14 in coordination with the Attorney General, the Sec-
\n15 retary of Homeland Security, and the Intellectual
\n16 Property Enforcement Coordinator, shall conduct a
\n17 study and report to the Committee on the Judiciary
\n18 of the Senate and the Committee on the Judiciary
\n19 of the House of Representatives on the following:
\n20 (A) An assessment of the effects, if any, of
\n21 the implementation of section 3(d)(2)(A) on the
\n22 accessibility of Internet sites dedicated to in-
\n23 fringing activity.
\n24 (B) An assessment of the effects, if any, of
\n25 the implementation of section 3(d)(2)(A) on the
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\n1 deployment, security, and reliability of the do-
\n2 main name system and associated Internet
\n3 processes, including Domain Name System Se-
\n4 curity Extensions.
\n5 (C) Recommendations, if any, for modi-
\n6 fying or amending this Act to increase effective-
\n7 ness or ameliorate any unintended effects of
\n8 section 3(d)(2)(A).
\n9 (2) REPORT ON OVERALL EFFECTIVENESS.\u2014
\n10 The Register of Copyrights shall, in consultation
\n11 with the appropriate departments and agencies of
\n12 the United States and other stakeholders\u2014
\n13 (A) conduct a study on\u2014
\n14 (i) the enforcement and effectiveness
\n15 of this Act; and
\n16 (ii) the need to modify or amend this
\n17 Act to apply to emerging technologies; and
\n18 (B) not later than 2 years after the date
\n19 of enactment of this Act, submit a report to the
\n20 Committee on the Judiciary of the Senate and
\n21 the Committee on the Judiciary of the House of
\n22 Representatives on\u2014
\n23 (i) the results of the study conducted
\n24 under subparagraph (A); and
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\n1 (ii) any recommendations that the
\n2 Register may have as a result of the study.
\n3 SECTION 1. SHORT TITLE.
\n4 This Act may be cited as the \u2018\u2018Preventing Real Online
\n5 Threats to Economic Creativity and Theft of Intellectual
\n6 Property Act of 2011\u2019\u2019 or the \u2018\u2018PROTECT IP Act of 2011\u2019\u2019.
\n7 SEC. 2. DEFINITIONS.
\n8 For purposes of this Act\u2014
\n9 (1) the term \u2018\u2018domain name\u2019\u2019 has the same mean-
\n10 ing as in section 45 of the Lanham Act (15 U.S.C.
\n11 1127);
\n12 (2) the term \u2018\u2018domain name system server\u2019\u2019
\n13 means a server or other mechanism used to provide
\n14 the Internet protocol address associated with a do-
\n15 main name;
\n16 (3) the term \u2018\u2018financial transaction provider\u2019\u2019
\n17 has the same meaning as in section 5362(4) of title
\n18 31, United States Code;
\n19 (4) the term \u2018\u2018information location tool\u2019\u2019 has the
\n20 same meaning as described in subsection (d) of sec-
\n21 tion 512 of title 17, United States Code;
\n22 (5) the term \u2018\u2018Internet advertising service\u2019\u2019
\n23 means a service that for compensation sells, pur-
\n24 chases, brokers, serves, inserts, verifies, or clears the
\n25 placement of an advertisement, including a paid or
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\n1 sponsored search result, link, or placement that is
\n2 rendered in viewable form for any period of time on
\n3 an Internet site;
\n4 (6) the term \u2018\u2018Internet site\u2019\u2019 means the collection
\n5 of digital assets, including links, indexes, or pointers
\n6 to digital assets, accessible through the Internet that
\n7 are addressed relative to a common domain name;
\n8 (7) the term \u2018\u2018Internet site dedicated to infring-
\n9 ing activities\u2019\u2019 means an Internet site that\u2014
\n10 (A) has no significant use other than engag-
\n11 ing in, enabling, or facilitating the\u2014
\n12 (i) reproduction, distribution, or public
\n13 performance of copyrighted works, in com-
\n14 plete or substantially complete form, in a
\n15 manner that constitutes copyright infringe-
\n16 ment under section 501 of title 17, United
\n17 States Code;
\n18 (ii) violation of section 1201 of title
\n19 17, United States Code; or
\n20 (iii) sale, distribution, or promotion of
\n21 goods, services, or materials bearing a coun-
\n22 terfeit mark, as that term is defined in sec-
\n23 tion 34(d) of the Lanham Act; or
\n24 (B) is designed, operated, or marketed by its
\n25 operator or persons operating in concert with the
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\n1 operator, and facts or circumstances suggest is
\n2 used, primarily as a means for engaging in, ena-
\n3 bling, or facilitating the activities described
\n4 under clauses (i), (ii), or (iii) of subparagraph
\n5 (A);
\n6 (8) the term \u2018\u2018Lanham Act\u2019\u2019 means the Act enti-
\n7 tled \u2018\u2018An Act to provide for the registration and pro-
\n8 tection of trademarks used in commerce, to carry out
\n9 the provisions of certain international conventions,
\n10 and for other purposes\u2019\u2019, approved July 5, 1946 (com-
\n11 monly referred to as the \u2018\u2018Trademark Act of 1946\u2019\u2019 or
\n12 the \u2018\u2018Lanham Act\u2019\u2019);
\n13 (9) the term \u2018\u2018nondomestic domain name\u2019\u2019 means
\n14 a domain name for which the domain name registry
\n15 that issued the domain name and operates the rel-
\n16 evant top level domain, and the domain name reg-
\n17 istrar for the domain name, are not located in the
\n18 United States;
\n19 (10) the term \u2018\u2018owner\u2019\u2019 or \u2018\u2018operator\u2019\u2019 when used
\n20 in connection with an Internet site shall include, re-
\n21 spectively, any owner of a majority interest in, or
\n22 any person with authority to operate, such Internet
\n23 site; and
\n24 (11) the term \u2018\u2018qualifying plaintiff\u2019\u2019 means\u2014
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\n1 (A) the Attorney General of the United
\n2 States; or
\n3 (B) an owner of an intellectual property
\n4 right, or one authorized to enforce such right,
\n5 harmed by the activities of an Internet site dedi-
\n6 cated to infringing activities occurring on that
\n7 Internet site.
\n8 SEC. 3. ENHANCING ENFORCEMENT AGAINST ROGUE
\n9 WEBSITES OPERATED AND REGISTERED
\n10 OVERSEAS.
\n11 (a) COMMENCEMENT OF AN ACTION.\u2014
\n12 (1) IN PERSONAM.\u2014The Attorney General may
\n13 commence an in personam action against\u2014
\n14 (A) a registrant of a nondomestic domain
\n15 name used by an Internet site dedicated to in-
\n16 fringing activities; or
\n17 (B) an owner or operator of an Internet site
\n18 dedicated to infringing activities accessed
\n19 through a nondomestic domain name.
\n20 (2) IN REM.\u2014If through due diligence the Attor-
\n21 ney General is unable to find a person described in
\n22 subparagraphs (A) or (B) of paragraph (1), or no
\n23 such person found has an address within a judicial
\n24 district of the United States, the Attorney General
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\n1 domestic domain name used by an Internet site dedi-
\n2 cated to infringing activities.
\n3 (3) IDENTIFICATION OF ENTITIES.\u2014Any action
\n4 commenced by the Attorney General under this sec-
\n5 tion shall identify the entities which may be required
\n6 to take actions pursuant to subsection (d) if an order
\n7 issues pursuant to subsection (b).
\n8 (b) ORDERS OF THE COURT.\u2014
\n9 (1) IN GENERAL.\u2014On application of the Attor-
\n10 ney General following the commencement of an action
\n11 under this section, the court may issue a temporary
\n12 restraining order, a preliminary injunction, or an in-
\n13 junction, in accordance with rule 65 of the Federal
\n14 Rules of Civil Procedure, against the nondomestic do-
\n15 main name used by an Internet site dedicated to in-
\n16 fringing activities, or against a registrant of such do-
\n17 main name, or the owner or operator of such Internet
\n18 site dedicated to infringing activities, to cease and de-
\n19 sist from undertaking any further activity as an
\n20 Internet site dedicated to infringing activities, if\u2014
\n21 (A) the domain name is used within the
\n22 United States to access such Internet site; and
\n23 (B) the Internet site\u2014
\n24 (i) conducts business directed to resi-
\n25 dents of the United States; and
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\n1 (ii) harms holders of United States in-
\n2 tellectual property rights.
\n3 (2) DETERMINATION BY THE COURT.\u2014For pur-
\n4 poses of determining whether an Internet site con-
\n5 ducts business directed to residents of the United
\n6 States under paragraph (1)(B)(i), a court may con-
\n7 sider, among other indicia, whether\u2014
\n8 (A) the Internet site is providing goods or
\n9 services described in section 2(7) to users located
\n10 in the United States;
\n11 (B) there is evidence that the Internet site
\n12 is not intended to provide\u2014
\n13 (i) such goods and services to users lo-
\n14 cated in the United States;
\n15 (ii) access to such goods and services to
\n16 users located in the United States; and
\n17 (iii) delivery of such goods and services
\n18 to users located in the United States;
\n19 (C) the Internet site has reasonable meas-
\n20 ures in place to prevent such goods and services
\n21 from being accessed from or delivered to the
\n22 United States;
\n23 (D) the Internet site offers services obtained
\n24 in the United States; and
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\n1 (E) any prices for goods and services are
\n2 indicated in the currency of the United States.
\n3 (c) NOTICE AND SERVICE OF PROCESS.\u2014
\n4 (1) IN GENERAL.\u2014Upon commencing an action
\n5 under this section, the Attorney General shall send a
\n6 notice of the alleged violation and intent to proceed
\n7 under this Act to the registrant of the domain name
\n8 of the Internet site\u2014
\n9 (A) at the postal and e-mail address ap-
\n10 pearing in the applicable publicly accessible
\n11 database of registrations, if any and to the ex-
\n12 tent such addresses are reasonably available;
\n13 (B) via the postal and e-mail address of the
\n14 registrar, registry, or other domain name reg-
\n15 istration authority that registered or assigned
\n16 the domain name, to the extent such addresses
\n17 are reasonably available; and
\n18 (C) in any other such form as the court
\n19 finds necessary, including as may be required by
\n20 Rule 4(f) of the Federal Rules of Civil Procedure.
\n21 (2) RULE OF CONSTRUCTION.\u2014For purposes of
\n22 this section, the actions described in this subsection
\n23 shall constitute service of process.
\n24 (3) OTHER NOTICE.\u2014Upon commencing an ac-
\n25 tion under this section, the Attorney General shall
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\n1 also provide notice to entities identified in the com-
\n2 plaint, or any amendments thereto, which may be re-
\n3 quired to take action pursuant to subsection (d).
\n4 (d) REQUIRED ACTIONS BASED ON COURT ORDERS.\u2014
\n5 (1) SERVICE.\u2014A Federal law enforcement offi-
\n6 cer, with the prior approval of the court, may serve
\n7 a copy of a court order issued pursuant to this section
\n8 on similarly situated entities within each class de-
\n9 scribed in paragraph (2), which have been identified
\n10 in the complaint, or any amendments thereto, pursu-
\n11 ant to subsection (a). Proof of service shall be filed
\n12 with the court.
\n13 (2) REASONABLE MEASURES.\u2014After being served
\n14 with a copy of an order pursuant to this subsection:
\n15 (A) OPERATORS.\u2014
\n16 (i) IN GENERAL.\u2014An operator of a
\n17 nonauthoritative domain name system serv-
\n18 er shall take the least burdensome tech-
\n19 nically feasible and reasonable measures de-
\n20 signed to prevent the domain name de-
\n21 scribed in the order from resolving to that
\n22 domain name\u2019s Internet protocol address,
\n23 except that\u2014
\n24 (I) such operator shall not be re-
\n25 quired\u2014
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\n1 (aa) other than as directed
\n2 under this subparagraph, to mod-
\n3 ify its network, software, systems,
\n4 or facilities;
\n5 (bb) to take any measures
\n6 with respect to domain name
\n7 lookups not performed by its own
\n8 domain name server or domain
\n9 name system servers located out-
\n10 side the United States; or
\n11 (cc) to continue to prevent
\n12 access to a domain name to which
\n13 access has been effectively disable
\n14 by other means; and
\n15 (II) nothing in this subparagraph
\n16 shall affect the limitation on the liabil-
\n17 ity of such an operator under section
\n18 512 of title 17, United States Code.
\n19 (ii) TEXT OF NOTICE.\u2014The Attorney
\n20 General shall prescribe the text of the notice
\n21 displayed to users or customers of an oper-
\n22 ator taking an action pursuant to this sub-
\n23 paragraph. Such text shall specify that the
\n24 action is being taken pursuant to a court
\n25 order obtained by the Attorney General.
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\n1 (B) FINANCIAL TRANSACTION PROVIDERS.\u2014
\n2 A financial transaction provider shall take rea-
\n3 sonable measures, as expeditiously as reasonable,
\n4 designed to prevent, prohibit, or suspend its serv-
\n5 ice from completing payment transactions in-
\n6 volving customers located within the United
\n7 States and the Internet site associated with the
\n8 domain name set forth in the order.
\n9 (C) INTERNET ADVERTISING SERVICES.\u2014An
\n10 Internet advertising service that contracts with
\n11 the Internet site associated with the domain
\n12 name set forth in the order to provide adver-
\n13 tising to or for that site, or which knowingly
\n14 serves advertising to or for such site, shall take
\n15 technically feasible and reasonable measures, as
\n16 expeditiously as reasonable, designed to\u2014
\n17 (i) prevent its service from providing
\n18 advertisements to the Internet site associ-
\n19 ated with such domain name; or
\n20 (ii) cease making available advertise-
\n21 ments for that site, or paid or sponsored
\n22 search results, links or other placements
\n23 that provide access to the domain name.
\n24 (D) INFORMATION LOCATION TOOLS.\u2014An
\n25 service provider of an information location tool
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\n1 shall take technically feasible and reasonable
\n2 measures, as expeditiously as possible, to\u2014
\n3 (i) remove or disable access to the
\n4 Internet site associated with the domain
\n5 name set forth in the order; or
\n6 (ii) not serve a hypertext link to such
\n7 Internet site.
\n8 (3) COMMUNICATION WITH USERS.\u2014Except as
\n9 provided under paragraph (2)(A)(ii), an entity tak-
\n10 ing an action described in this subsection shall deter-
\n11 mine whether and how to communicate such action to
\n12 the entity\u2019s users or customers.
\n13 (4) RULE OF CONSTRUCTION.\u2014For purposes of
\n14 an action commenced under this section, the obliga-
\n15 tions of an entity described in this subsection shall be
\n16 limited to the actions set out in each paragraph or
\n17 subparagraph applicable to such entity, and no order
\n18 issued pursuant to this section shall impose any addi-
\n19 tional obligations on, or require additional actions
\n20 by, such entity.
\n21 (5) ACTIONS PURSUANT TO COURT ORDER.\u2014
\n22 (A) IMMUNITY FROM SUIT.\u2014No cause of ac-
\n23 tion shall lie in any Federal or State court or
\n24 administrative agency against any entity receiv-
\n25 ing a court order issued under this subsection, or
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\n1 against any director, officer, employee, or agent
\n2 thereof, for any act reasonably designed to com-
\n3 ply with this subsection or reasonably arising
\n4 from such order, other than in an action pursu-
\n5 ant to subsection (e).
\n6 (B) IMMUNITY FROM LIABILITY.\u2014Any enti-
\n7 ty receiving an order under this subsection, and
\n8 any director, officer, employee, or agent thereof,
\n9 shall not be liable to any party for any acts rea-
\n10 sonably designed to comply with this subsection
\n11 or reasonably arising from such order, other
\n12 than in an action pursuant to subsection (e),
\n13 and any actions taken by customers of such enti-
\n14 ty to circumvent any restriction on access to the
\n15 Internet domain instituted pursuant to this sub-
\n16 section or any act, failure, or inability to restrict
\n17 access to an Internet domain that is the subject
\n18 of a court order issued pursuant to this sub-
\n19 section despite good faith efforts to do so by such
\n20 entity shall not be used by any person in any
\n21 claim or cause of action against such entity,
\n22 other than in an action pursuant to subsection
\n23 (e).
\n24 (e) ENFORCEMENT OF ORDERS.\u2014
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\n1 (1) IN GENERAL.\u2014In order to compel compliance
\n2 with this section, the Attorney General may bring an
\n3 action for injunctive relief against any party receiv-
\n4 ing a court order issued pursuant to this section that
\n5 knowingly and willfully fails to comply with such
\n6 order.
\n7 (2) RULE OF CONSTRUCTION.\u2014The authority
\n8 granted the Attorney General under paragraph (1)
\n9 shall be the sole legal remedy for enforcing the obliga-
\n10 tions under this section of any entity described in
\n11 subsection (d).
\n12 (3) DEFENSE.\u2014A defendant in an action under
\n13 paragraph (1) may establish an affirmative defense
\n14 by showing that the defendant does not have the tech-
\n15 nical means to comply with the subsection without in-
\n16 curring an unreasonable economic burden, or that the
\n17 order is inconsistent with this Act. This showing shall
\n18 serve as a defense only to the extent of such inability
\n19 to comply or to the extent of such inconsistency.
\n20 (f) MODIFICATION OR VACATION OF ORDERS.\u2014
\n21 (1) IN GENERAL.\u2014At any time after the issuance
\n22 of an order under subsection (b), a motion to modify,
\n23 suspend, or vacate the order may be filed by\u2014
\n24 (A) any person, or owner or operator of
\n25 property, bound by the order;
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\n1 (B) any registrant of the domain name, or
\n2 the owner or operator of the Internet site subject
\n3 to the order;
\n4 (C) any domain name registrar or registry
\n5 that has registered or assigned the domain name
\n6 of the Internet site subject to the order; or
\n7 (D) any entity that has received a copy of
\n8 an order pursuant to subsection (d) requiring
\n9 such entity to take action prescribed in that sub-
\n10 section.
\n11 (2) RELIEF.\u2014Relief under this subsection shall
\n12 be proper if the court finds that\u2014
\n13 (A) the Internet site associated with the do-
\n14 main name subject to the order is no longer, or
\n15 never was, an Internet site dedicated to infring-
\n16 ing activities; or
\n17 (B) the interests of justice require that the
\n18 order be modified, suspended, or vacated.
\n19 (3) CONSIDERATION.\u2014In making a relief deter-
\n20 mination under paragraph (2), a court may consider
\n21 whether the domain name has expired or has been re-
\n22 registered by a different party.
\n23 (4) INTERVENTION.\u2014An entity identified pursu-
\n24 ant to subsection (a) as an entity which may be re-
\n25 quired to take action pursuant to subsection (d) if an
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\n1 order issues pursuant to subsection (b) may intervene
\n2 at any time in any action commenced under sub-
\n3 section (a), or in any action to modify, suspend, or
\n4 vacate an order pursuant to this subsection. Failure
\n5 to intervene in an action does not prohibit an entity
\n6 notified of the action from subsequently seeking an
\n7 order to modify, suspend, or terminate an order
\n8 issued by the court under this Act.
\n9 (g) RELATED ACTIONS.\u2014The Attorney General, if al-
\n10 leging that an Internet site previously adjudicated to be an
\n11 Internet site dedicated to infringing activities is accessible
\n12 or has been reconstituted at a different domain name, may
\n13 commence a related action under this section against the
\n14 additional domain name in the same judicial district as
\n15 the previous action.
\n16 SEC. 4. ELIMINATING THE FINANCIAL INCENTIVE TO STEAL
\n17 INTELLECTUAL PROPERTY ONLINE.
\n18 (a) COMMENCEMENT OF AN ACTION.\u2014
\n19 (1) IN PERSONAM.\u2014A qualifying plaintiff may
\n20 commence an in personam action against\u2014
\n21 (A) a registrant of a domain name used by
\n22 an Internet site dedicated to infringing activi-
\n23 ties; or
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\n1 (B) an owner or operator of an Internet site
\n2 dedicated to infringing activities accessed
\n3 through a domain name.
\n4 (2) IN REM.\u2014If through due diligence a quali-
\n5 fying plaintiff is unable to find a person described in
\n6 subparagraphs (A) or (B) of paragraph (1), or no
\n7 such person found has an address within a judicial
\n8 district of the United States, the qualifying plaintiff
\n9 may commence an in rem action against a domain
\n10 name used by an Internet site dedicated to infringing
\n11 activities.
\n12 (3) IDENTIFICATION OF ENTITIES.\u2014Any action
\n13 commenced by a qualifying plaintiff under this sec-
\n14 tion shall identify the entities which may be required
\n15 to take actions pursuant to subsection (d) if an order
\n16 issues pursuant to subsection (b).
\n17 (b) ORDERS OF THE COURT.\u2014
\n18 (1) IN GENERAL.\u2014On application of a quali-
\n19 fying plaintiff following the commencement of an ac-
\n20 tion under this section, the court may issue a tem-
\n21 porary restraining order, a preliminary injunction,
\n22 or an injunction, in accordance with rule 65 of the
\n23 Federal Rules of Civil Procedure, against the domain
\n24 name used by an Internet site dedicated to infringing
\n25 activities, or against a registrant of such domain
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\n1 name, or the owner or operator of such Internet site
\n2 dedicated to infringing activities, to cease and desist
\n3 from undertaking any further activity as an Internet
\n4 site dedicated to infringing activities, if\u2014
\n5 (A) the domain name is registered or as-
\n6 signed by a domain name registrar or domain
\n7 name registry that located or doing business in
\n8 the United States; or
\n9 (B)(i) the domain name is used within the
\n10 United States to access such Internet site; and
\n11 (ii) the Internet site\u2014
\n12 (I) conducts business directed to resi-
\n13 dents of the United States; and
\n14 (II) harms holders of United States in-
\n15 tellectual property rights.
\n16 (2) DETERMINATION BY THE COURT.\u2014For pur-
\n17 poses of determining whether an Internet site con-
\n18 ducts business directed to residents of the United
\n19 States under paragraph (1)(B)(ii)(I), a court may
\n20 consider, among other indicia, whether\u2014
\n21 (A) the Internet site is providing goods or
\n22 services described in section 2(7) to users located
\n23 in the United States;
\n24 (B) there is evidence that the Internet site
\n25 is not intended to provide\u2014
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\n1 (i) such goods and services to users lo-
\n2 cated in the United States;
\n3 (ii) access to such goods and services to
\n4 users located in the United States; and
\n5 (iii) delivery of such goods and services
\n6 to users located in the United States;
\n7 (C) the Internet site has reasonable meas-
\n8 ures in place to prevent such goods and services
\n9 from being accessed from or delivered to the
\n10 United States;
\n11 (D) the Internet site offers services obtained
\n12 in the United States; and
\n13 (E) any prices for goods and services are
\n14 indicated in the currency of the United States.
\n15 (c) NOTICE AND SERVICE OF PROCESS.\u2014
\n16 (1) IN GENERAL.\u2014Upon commencing an action
\n17 under this section, the qualifying plaintiff shall send
\n18 a notice of the alleged violation and intent to proceed
\n19 under this Act to the registrant of the domain name
\n20 of the Internet site\u2014
\n21 (A) at the postal and e-mail address ap-
\n22 pearing in the applicable publicly accessible
\n23 database of registrations, if any and to the ex-
\n24 tent such addresses are reasonably available;
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\n1 (B) via the postal and e-mail address of the
\n2 registrar, registry, or other domain name reg-
\n3 istration authority that registered or assigned
\n4 the domain name, to the extent such addresses
\n5 are reasonably available; and
\n6 (C) in any other such form as the court
\n7 finds necessary, including as may be required by
\n8 Rule 4(f) of the Federal Rules of Civil Procedure.
\n9 (2) RULE OF CONSTRUCTION.\u2014For purposes of
\n10 this section, the actions described in this subsection
\n11 shall constitute service of process.
\n12 (3) OTHER NOTICE.\u2014Upon commencing an ac-
\n13 tion under this section, the qualifying plaintiff shall
\n14 also provide notice to entities identified in the com-
\n15 plaint, or any amendments thereto, which may be re-
\n16 quired to take action pursuant to subsection (d).
\n17 (d) REQUIRED ACTIONS BASED ON COURT ORDERS.\u2014
\n18 (1) SERVICE.\u2014A qualifying plaintiff, with the
\n19 prior approval of the court, may, serve a copy of a
\n20 court order issued pursuant to this section on simi-
\n21 larly situated entities within each class described in
\n22 paragraph (2), which have been identified in the com-
\n23 plaint, or any amendments thereto, pursuant to sub-
\n24 section (a). Proof of service shall be filed with the
\n25 court.
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\n1 (2) REASONABLE MEASURES.\u2014After being served
\n2 with a copy of an order pursuant to this subsection:
\n3 (A) FINANCIAL TRANSACTION PROVIDERS.\u2014
\n4 A financial transaction provider shall take rea-
\n5 sonable measures, as expeditiously as reasonable,
\n6 designed to prevent, prohibit, or suspend its serv-
\n7 ice from completing payment transactions in-
\n8 volving customers located within the United
\n9 States and the Internet site associated with the
\n10 domain name set forth in the order.
\n11 (B) INTERNET ADVERTISING SERVICES.\u2014An
\n12 Internet advertising service that contracts with
\n13 the Internet site associated with the domain
\n14 name set forth in the order to provide adver-
\n15 tising to or for that site, or which knowingly
\n16 serves advertising to or for such site, shall take
\n17 technically feasible and reasonable measures, as
\n18 expeditiously as reasonable, designed to\u2014
\n19 (i) prevent its service from providing
\n20 advertisements to the Internet site associ-
\n21 ated with such domain name; or
\n22 (ii) cease making available advertise-
\n23 ments for that site, or paid or sponsored
\n24 search results, links, or placements that pro-
\n25 vide access to the domain name.
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\n1 (3) COMMUNICATION WITH USERS.\u2014An entity
\n2 taking an action described in this subsection shall de-
\n3 termine how to communicate such action to the enti-
\n4 ty\u2019s users or customers.
\n5 (4) RULE OF CONSTRUCTION.\u2014For purposes of
\n6 an action commenced under this section, the obliga-
\n7 tions of an entity described in this subsection shall be
\n8 limited to the actions set out in each paragraph or
\n9 subparagraph applicable to such entity, and no order
\n10 issued pursuant to this section shall impose any addi-
\n11 tional obligations on, or require additional actions
\n12 by, such entity.
\n13 (5) ACTIONS PURSUANT TO COURT ORDER.\u2014
\n14 (A) IMMUNITY FROM SUIT.\u2014No cause of ac-
\n15 tion shall lie in any Federal or State court or
\n16 administrative agency against any entity receiv-
\n17 ing a court order issued under this subsection, or
\n18 against any director, officer, employee, or agent
\n19 thereof, for any act reasonably designed to com-
\n20 ply with this subsection or reasonably arising
\n21 from such order, other than in an action pursu-
\n22 ant to subsection (e).
\n23 (B) IMMUNITY FROM LIABILITY.\u2014Any enti-
\n24 ty receiving an order under this subsection, and
\n25 any director, officer, employee, or agent thereof,
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\n1 shall not be liable to any party for any acts rea-
\n2 sonably designed to comply with this subsection
\n3 or reasonably arising from such order, other
\n4 than in an action pursuant to subsection (e),
\n5 and any actions taken by customers of such enti-
\n6 ty to circumvent any restriction on access to the
\n7 Internet domain instituted pursuant to this sub-
\n8 section or any act, failure, or inability to restrict
\n9 access to an Internet domain that is the subject
\n10 of a court order issued pursuant to this sub-
\n11 section despite good faith efforts to do so by such
\n12 entity shall not be used by any person in any
\n13 claim or cause of action against such entity,
\n14 other than in an action pursuant to subsection
\n15 (e).
\n16 (e) ENFORCEMENT OF ORDERS.\u2014
\n17 (1) IN GENERAL.\u2014In order to compel compliance
\n18 with this section, the qualifying plaintiff may bring
\n19 an action for injunctive relief against any party re-
\n20 ceiving a court order issued pursuant to this section
\n21 that knowingly and willfully fails to comply with
\n22 such order.
\n23 (2) RULE OF CONSTRUCTION.\u2014The authority
\n24 granted a qualifying plaintiff under paragraph (1)
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\n1 tions under this section of any entity described in
\n2 subsection (d).
\n3 (3) DEFENSE.\u2014A defendant in an action com-
\n4 menced under paragraph (1) may establish an af-
\n5 firmative defense by showing that the defendant does
\n6 not have the technical means to comply with the sub-
\n7 section without incurring an unreasonable economic
\n8 burden, or that the order is inconsistent with this Act.
\n9 This showing shall serve as a defense only to the ex-
\n10 tent of such inability to comply or to the extent of
\n11 such inconsistency.
\n12 (f) MODIFICATION OR VACATION OF ORDERS.\u2014
\n13 (1) IN GENERAL.\u2014At any time after the issuance
\n14 of an order under subsection (b), a motion to modify,
\n15 suspend, or vacate the order may be filed by\u2014
\n16 (A) any person, or owner or operator of
\n17 property, bound by the order;
\n18 (B) any registrant of the domain name, or
\n19 the owner or operator of the Internet site subject
\n20 to the order;
\n21 (C) any domain name registrar or registry
\n22 that has registered or assigned the domain name
\n23 of the Internet site subject to the order; or
\n24 (D) any entity that has received a copy of
\n25 an order pursuant to subsection (d) requiring
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\n1 such entity to take action prescribed in that sub-
\n2 section.
\n3 (2) RELIEF.\u2014Relief under this subsection shall
\n4 be proper if the court finds that\u2014
\n5 (A) the Internet site associated with the do-
\n6 main name subject to the order is no longer, or
\n7 never was, dedicated to infringing activities as
\n8 defined in this Act; or
\n9 (B) the interests of justice require that the
\n10 order be modified, suspended, or vacated.
\n11 (3) CONSIDERATION.\u2014In making a relief deter-
\n12 mination under paragraph (2), a court may consider
\n13 whether the domain name has expired or has been re-
\n14 registered by a different party.
\n15 (4) INTERVENTION.\u2014An entity identified pursu-
\n16 ant to subsection (a) as an entity which may be re-
\n17 quired to take action pursuant to subsection (d) if an
\n18 order issues pursuant to subsection (b) may intervene
\n19 at any time in any action commenced under sub-
\n20 section (a), or in any action to modify, suspend, or
\n21 vacate an order pursuant to this subsection. Failure
\n22 to intervene in an action does not prohibit an entity
\n23 notified of the action from subsequently seeking an
\n24 order to modify, suspend, or terminate an order
\n25 issued by the court under this Act.
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\n1 (g) RELATED ACTIONS.\u2014A qualifying plaintiff, if al-
\n2 leging that an Internet site previously adjudicated to be an
\n3 Internet site dedicated to infringing activities is accessible
\n4 or has been reconstituted at a different domain name, may
\n5 commence a related action under this section against the
\n6 additional domain name in the same judicial district as
\n7 the previous action.
\n8 SEC. 5. VOLUNTARY ACTION AGAINST WEBSITES STEALING
\n9 AMERICAN INTELLECTUAL PROPERTY.
\n10 (a) IN GENERAL.\u2014No financial transaction provider
\n11 or Internet advertising service shall be liable for damages
\n12 to any person for voluntarily taking any action described
\n13 in section 3(d) or 4(d) with regard to an Internet site if
\n14 the entity acting in good faith and based on credible evi-
\n15 dence has a reasonable belief that the Internet site is an
\n16 Internet site dedicated to infringing activities.
\n17 (b) INTERNET SITES ENGAGED IN INFRINGING ACTIVI-
\n18 TIES THAT ENDANGER THE PUBLIC HEALTH.\u2014
\n19 (1) REFUSAL OF SERVICE.\u2014A domain name reg-
\n20 istry, domain name registrar, financial transaction
\n21 provider, information location tool, or Internet adver-
\n22 tising service, acting in good faith and based on cred-
\n23 ible evidence, may stop providing or refuse to provide
\n24 services to an infringing Internet site that endangers
\n25 the public health.
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\n1 (2) IMMUNITY FROM LIABILITY.\u2014An entity de-
\n2 scribed in paragraph (1), including its directors, offi-
\n3 cers, employees, or agents, that ceases or refused to
\n4 provide services under paragraph (1) shall not be lia-
\n5 ble to any party under any Federal or State law for
\n6 such action.
\n7 (3) DEFINITIONS.\u2014For purposes of this sub-
\n8 section\u2014
\n9 (A) the term \u2018\u2018adulterated\u2019\u2019 has the same
\n10 meaning as in section 501 of the Federal Food,
\n11 Drug, and Cosmetic Act (21 U.S.C. 351);
\n12 (B) an \u2018\u2018infringing Internet site that endan-
\n13 gers the public health\u2019\u2019 means\u2014
\n14 (i) an Internet site dedicated to in-
\n15 fringing activities for which the counterfeit
\n16 products that it offers, sells, dispenses, or
\n17 distributes are controlled or non-controlled
\n18 prescription medication; or
\n19 (ii) an Internet site that has no sig-
\n20 nificant use other than, or is designed, oper-
\n21 ated, or marketed by its operator or persons
\n22 operating in concert with the operator, and
\n23 facts or circumstances suggest is used, pri-
\n24 marily as a means for\u2014
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\n1 (I) offering, selling, dispensing, or
\n2 distributing any controlled or non-con-
\n3 trolled prescription medication, and
\n4 does so regularly without a valid pre-
\n5 scription; or
\n6 (II) offering, selling, dispensing,
\n7 or distributing any controlled or non-
\n8 controlled prescription medication, and
\n9 does so regularly for medication that is
\n10 adulterated or misbranded;
\n11 (C) the term \u2018\u2018misbranded\u2019\u2019 has the same
\n12 meaning as in section 502 of the Federal Food,
\n13 Drug, and Cosmetic Act (21 U.S.C. 352); and
\n14 (D) the term \u2018\u2018valid prescription\u2019\u2019 has the
\n15 same meaning as in section 309(e)(2)(A) of the
\n16 Controlled Substances Act (21 U.S.C.
\n17 829(e)(2)(A)).
\n18 SEC. 6. SAVINGS CLAUSES.
\n19 (a) RULE OF CONSTRUCTION RELATING TO CIVIL AND
\n20 CRIMINAL REMEDIES.\u2014Nothing in this Act shall be con-
\n21 strued to limit or expand civil or criminal remedies avail-
\n22 able to any person (including the United States) for in-
\n23 fringing activities on the Internet pursuant to any other
\n24 Federal or State law.
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\n1 (b) RULE OF CONSTRUCTION RELATING TO VICARIOUS
\n2 OR CONTRIBUTORY LIABILITY.\u2014Nothing in this Act shall
\n3 be construed to enlarge or diminish vicarious or contribu-
\n4 tory liability for any cause of action available under the
\n5 Lanham Act or title 17, United States Code, including any
\n6 limitations on liability under section 512 of such title 17,
\n7 or to create an obligation to take action pursuant to section
\n8 5 of this Act.
\n9 (c) RELATIONSHIP WITH SECTION 512 OF TITLE 17.\u2014
\n10 Nothing in this Act, no identification of entities in section
\n11 3(a) or 4(a), no notice provided pursuant to section 3(c)
\n12 or 4(c), no order issued pursuant to sections 3(b) or 4(b),
\n13 and no order issued or served pursuant to sections 3(d) or
\n14 4(d), shall serve as a basis for determining the application
\n15 of section 512 of title 17, United States Code.
\n16 SEC. 7. GUIDELINES AND STUDIES.
\n17 (a) GUIDELINES.\u2014The Attorney General shall\u2014
\n18 (1) publish procedures developed in consultation
\n19 with other relevant law enforcement agencies, includ-
\n20 ing the United States Immigration and Customs En-
\n21 forcement, to receive information from the public
\n22 about Internet sites dedicated to infringing activities;
\n23 and
\n24 (2) develop a deconfliction process in consulta-
\n25 tion with other law enforcement agencies, including
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\n1 the United States Immigration and Customs Enforce-
\n2 ment, to coordinate enforcement activities brought
\n3 under this Act.
\n4 (b) REPORTS.\u2014
\n5 (1) REPORT ON EFFECTIVENESS OF CERTAIN
\n6 MEASURES.\u2014Not later than 1 year after the date of
\n7 enactment of this Act, the Secretary of Commerce, in
\n8 coordination with the Attorney General, the Secretary
\n9 of Homeland Security, and the Intellectual Property
\n10 Enforcement Coordinator, shall conduct a study and
\n11 report to the Committee on the Judiciary of the Sen-
\n12 ate and the Committee on the Judiciary of the House
\n13 of Representatives on the following:
\n14 (A) An assessment of the effects, if any, of
\n15 the implementation of section 3(d)(2)(A) on the
\n16 accessibility of Internet sites dedicated to in-
\n17 fringing activity.
\n18 (B) An assessment of the effects, if any, of
\n19 the implementation of section 3(d)(2)(A) on the
\n20 deployment, security, and reliability of the do-
\n21 main name system and associated Internet proc-
\n22 esses, including Domain Name System Security
\n23 Extensions.
\n24 (C) Recommendations, if any, for modifying
\n25 or amending this Act to increase effectiveness or
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\n1 ameliorate any unintended effects of section
\n2 3(d)(2)(A).
\n3 (2) REPORT ON OVERALL EFFECTIVENESS.\u2014The
\n4 Register of Copyrights shall, in consultation with the
\n5 appropriate departments and agencies of the United
\n6 States and other stakeholders\u2014
\n7 (A) conduct a study on\u2014
\n8 (i) the enforcement and effectiveness of
\n9 this Act;
\n10 (ii) the burden of carrying out the re-
\n11 quirements of this Act, if any, on inter-
\n12 mediaries;
\n13 (iii) the need for cost reimbursement
\n14 for intermediaries for carrying out the re-
\n15 quirements of this Act; and
\n16 (iv) the need to modify or amend this
\n17 Act to apply to emerging technologies; and
\n18 (B) not later than 2 years after the date of
\n19 enactment of this Act, submit a report to the
\n20 Committee on the Judiciary of the Senate and
\n21 the Committee on the Judiciary of the House of
\n22 Representatives on\u2014
\n23 (i) the results of the study conducted
\n24 under subparagraph (A); and
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\n1 (ii) any recommendations that the
\n2 Register may have as a result of the study.
\n3 (3) ANNUAL OVERSIGHT REPORT.\u2014Not later
\n4 than 1 year after the date of enactment of this Act,
\n5 and each year thereafter, the Attorney General shall
\n6 report to the Committee on the Judiciary of the Sen-
\n7 ate and the Committee on the Judiciary of the House
\n8 of Representatives the following information with re-
\n9 spect to the preceding year:
\n10 (A) Each instance in which an action was
\n11 commenced under section 3(a)(1) or 3(a)(2), and
\n12 each instance in which an action was com-
\n13 menced by the Attorney General under section
\n14 4(a)(1) or 4(a)(2), including the name of any
\n15 party against whom the action was brought.
\n16 (B) Each instance in which a temporary re-
\n17 straining order, preliminary injunction or in-
\n18 junction was issued pursuant to section 3(b)(1),
\n19 and each instance in which a temporary re-
\n20 straining order, preliminary injunction or in-
\n21 junction was issued pursuant to section 4(b)(1)
\n22 in an action commenced by the Attorney Gen-
\n23 eral, including the name of any party against
\n24 whom the order or injunction was issued.
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\n\u2022S 968 RS
\n1 (C) Each instance in which an action com-
\n2 menced under section 3(a)(1) or 3(a)(2), or an
\n3 action commenced by the Attorney General under
\n4 section 4(a)(1) or 4(a)(2), was concluded without
\n5 the issuance of a temporary restraining order,
\n6 preliminary injunction or injunction, including
\n7 the reason for the conclusion of the action.
\n8 (D) Each proof of service filed with the
\n9 court pursuant to section 3(d)(1), or filed pursu-
\n10 ant to section 4(d)(1) in an action commenced
\n11 by the Attorney General.
\n12 (E) Each action for injunctive relief
\n13 brought pursuant to section 3(e), or brought pur-
\n14 suant to section 4(e) in an action commenced by
\n15 the Attorney General, including the name of any
\n16 party against whom the action for relief was
\n17 brought.
\n18 (F) Each motion granted by a court to
\n19 modify, suspend or vacate an order that was
\n20 filed under section 3(f)(1), or filed under section
\n21 4(f)(1) in an action commenced by the Attorney
\n22 General, including the relief obtained.
\n23 (G) Each related action commenced pursu-
\n24 ant to section 3(g), or commenced by the Attor-
\n25 ney General pursuant to section 4(g), including
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\n1 the name of any party against whom an action
\n2 was commenced.
\n3 (4) GAO REPORT ON PRIVATE ACTIONS.\u2014Not
\n4 later than 1 year after the date of enactment of this
\n5 Act, and each year thereafter, the Comptroller General
\n6 shall report to the Committee on the Judiciary of the
\n7 Senate and the Committee on the Judiciary of the
\n8 House of Representative each instance in the previous
\n9 year in which an action was commenced under sec-
\n10 tions 4(a)(1) or 4(a)(2) by a qualifying plaintiff that
\n11 is not the Attorney General, including the names of
\n12 any parties to each such action.
\n13 SEC. 8. PREVENTING THE IMPORTATION OF COUNTERFEIT
\n14 PRODUCTS AND INFRINGING DEVICES.
\n15 Notwithstanding section 1905 of title 18, United States
\n16 Code\u2014
\n17 (1) if United States Customs and Border Protec-
\n18 tion suspects a product of being imported or exported
\n19 in violation of section 42 of the Lanham Act, and
\n20 subject to any applicable bonding requirements, the
\n21 Secretary of Homeland Security is authorized to
\n22 share information on, and unredacted samples of,
\n23 products and their packaging and labels, or photos of
\n24 such products, packaging and labels, with the
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\n1 ied or simulated, for purposes of determining whether
\n2 the products are prohibited from importation pursu-
\n3 ant to such section; and
\n4 (2) upon seizure of material by United States
\n5 Customs and Border Protection imported in violation
\n6 of subsection (a)(2) or subsection (b) of section 1201
\n7 of title 17, United States Code, the Secretary of
\n8 Homeland Security is authorized to share informa-
\n9 tion about, and provide samples to affected parties,
\n10 subject to any applicable bonding requirements, as to
\n11 the seizure of material designed to circumvent techno-
\n12 logical measures or protection afforded by a techno-
\n13 logical measure that controls access to or protects the
\n14 owner\u2019s work protected by copyright under such title.
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\nrfrederick on DSKD9S0YB1PROD with BILLSCalendar No. 70
\n112TH CONGRESS
\n1ST SESSION
\nS. 968
\nA BILL
\nTo prevent online threats to economic creativity
\npurposes.
\nand theft of intellectual property, and for other
\nMAY 26, 2011
\nReported with an amendment
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\nrfrederick on DSKD9S0YB1PROD with BILLS<\/p>\n","protected":false},"excerpt":{"rendered":"

PIPA –\u00a0PROTECT IP Act   II Calendar No. 70 112TH CONGRESS 1ST SESSION S. 968 To prevent online threats to economic creativity and theft of intellectual property, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 12, 2011 Mr. LEAHY (for himself, Mr. HATCH, Mr. GRASSLEY, Mr. SCHUMER, Mrs. FEINSTEIN, Mr. WHITEHOUSE, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":607,"menu_order":0,"comment_status":"open","ping_status":"open","template":"","meta":{"footnotes":""},"class_list":["post-616","page","type-page","status-publish","hentry"],"jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/P29Kla-9W","_links":{"self":[{"href":"https:\/\/www.hephaestusproject.com\/blog\/wp-json\/wp\/v2\/pages\/616","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.hephaestusproject.com\/blog\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.hephaestusproject.com\/blog\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.hephaestusproject.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.hephaestusproject.com\/blog\/wp-json\/wp\/v2\/comments?post=616"}],"version-history":[{"count":9,"href":"https:\/\/www.hephaestusproject.com\/blog\/wp-json\/wp\/v2\/pages\/616\/revisions"}],"predecessor-version":[{"id":626,"href":"https:\/\/www.hephaestusproject.com\/blog\/wp-json\/wp\/v2\/pages\/616\/revisions\/626"}],"up":[{"embeddable":true,"href":"https:\/\/www.hephaestusproject.com\/blog\/wp-json\/wp\/v2\/pages\/607"}],"wp:attachment":[{"href":"https:\/\/www.hephaestusproject.com\/blog\/wp-json\/wp\/v2\/media?parent=616"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}