3.0.0 3804 2023-01-11T13:21:17Z 2023-01-11T13:21:17Z Senate S S 2010-09-20 111 ssju00 Judiciary Committee Senate Standing Reported by 2010-11-18T20:39:26Z Markup by 2010-11-18T16:30:48Z Referred to 2010-09-20T19:53:17Z S. Rept. 111-373 2010-12-17 ssju00 Judiciary Committee Senate By Senator Leahy from Committee on the Judiciary filed written report. Report No. 111-373. Floor 2010-12-17 By Senator Leahy from Committee on the Judiciary filed written report. Report No. 111-373. Committee 14900 9 Library of Congress ssju00 Judiciary Committee 2010-11-18 Senate Placed on Senate Legislative Calendar under General Orders. Calendar No. 648. Calendars 2010-11-18 ssju00 Judiciary Committee Senate Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report. Committee 2010-11-18 Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report. Committee 14000 9 Library of Congress ssju00 Judiciary Committee 2010-11-18 ssju00 Judiciary Committee Senate Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably. Committee 2010-09-20 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S7208-7209) IntroReferral 2010-09-20 Sponsor introductory remarks on measure. (CR S7207-7208) IntroReferral B00100 9 Library of Congress 2010-09-20 Introduced in Senate IntroReferral 10000 9 Library of Congress L000174 Sen. Leahy, Patrick J. [D-VT] Patrick Leahy D VT N H000338 Sen. Hatch, Orrin G. [R-UT] ORRIN HATCH R UT GRANT 2010-09-20 True K000367 Sen. Klobuchar, Amy [D-MN] Amy Klobuchar D MN 2010-09-20 True W000802 Sen. Whitehouse, Sheldon [D-RI] Sheldon Whitehouse D RI 2010-09-20 True S000148 Sen. Schumer, Charles E. [D-NY] Charles Schumer D NY E. 2010-09-20 True K000305 Sen. Kohl, Herb [D-WI] HERBERT KOHL D WI H. 2010-09-20 True S000709 Sen. Specter, Arlen [D-PA] ARLEN SPECTER D PA 2010-09-20 True D000563 Sen. Durbin, Richard J. [D-IL] Richard Durbin D IL J. 2010-09-20 True B001233 Sen. Bayh, Evan [D-IN] EVAN BAYH D IN 2010-09-20 True V000126 Sen. Voinovich, George V. [R-OH] GEORGE VOINOVICH R OH V. 2010-09-20 True F000062 Sen. Feinstein, Dianne [D-CA] Dianne Feinstein D CA 2010-09-20 True C000560 Sen. Coburn, Tom [R-OK] TOM COBURN R OK 2010-09-21 False C000141 Sen. Cardin, Benjamin L. [D-MD] Ben Cardin D MD 2010-09-21 False G000359 Sen. Graham, Lindsey [R-SC] Lindsey Graham R SC 2010-09-21 False G000386 Sen. Grassley, Chuck [R-IA] Charles Grassley R IA E. 2010-09-23 False A000360 Sen. Alexander, Lamar [R-TN] Lamar Alexander R TN 2010-09-27 False G000555 Sen. Gillibrand, Kirsten E. [D-NY] Kirsten Gillibrand D NY E. 2010-09-29 False M000639 Sen. Menendez, Robert [D-NJ] Robert Menendez D NJ 2010-11-15 False I000024 Sen. Inhofe, James M. [R-OK] Jim Inhofe R OK 2010-11-18 False M001170 Sen. McCaskill, Claire [D-MO] Claire McCaskill D MO 2010-12-16 False Crime and Law Enforcement Civil actions and liability Fraud offenses and financial crimes Government information and archives Intellectual property Internet and video services Internet, web applications, social media Crime and Law Enforcement 00 2010-09-20 Introduced in Senate 2010-11-08T15:52:56Z Combating Online Infringement and Counterfeits Act - Amends the federal criminal code to authorize the Attorney General (AG) to commence an action for injunctive relief against a domain name used by an Internet site that is "dedicated to infringing activities," even where such a domain name is not located in the United States. Defines an Internet site that "dedicated to infringing activities" as a site that is: (1) subject to civil forfeiture; (2) designed primarily to offer goods or services in violation of federal copyright law; or (3) selling counterfeit goods.

Requires the AG to maintain a public listing of domain names that the Department of Justice (DOJ) determines are dedicated to infringing activities but for which the AG has not filed an action. Allows parties to petition the AG to remove such a domain name from the list and obtain judicial review of the final determination in a civil action.

]]> 01 2010-11-18 Reported to Senate with amendment(s) 2010-12-02T19:22:27Z Combating Online Infringement and Counterfeits Act - (Sec. 2) Amends the federal criminal code to authorize the Attorney General (AG) to commence an in rem action against a domain name used by an Internet site that is "dedicated to infringing activities," even where such a domain name is not located in the United States. Defines an Internet site that is "dedicated to infringing activities" as a site that is: (1) subject to civil forfeiture; (2) designed primarily to offer goods or services in violation of federal copyright law; or (3) selling or promoting counterfeit goods or services.

Authorizes a court, upon application of the AG, to issue a temporary restraining order, preliminary injunction, or injunction against the domain name or names used by such a site.

Directs any actions against domestic domains to be in the judicial district where the domain name registrar or registry is located or, if such a domain is located or doing business in more than one judicial district, in the judicial district of its principal place of business. Allows any actions against nondomestic domains to be brought in the District of Columbia if: (1) such a domain is used within the United States to access an infringing site; (2) the site directs business to U.S. residents; and (3) the site harms U.S. intellectual property rights holders.

Requires a court determining whether a site directs business to U.S. residents to consider factors including: (1) whether goods or services are being provided to U.S. users; (2) intent; (3) prevention measures; and (4) whether any prices for such goods and services are indicated in U.S. currency.

Requires an Internet service provider, financial transaction provider, or Internet advertising service that is served with a court order in connection with an action against a nondomestic domain to take technically feasible or other specified reasonable measures to prevent such infringing activities from continuing. Grants immunity to: (1) served parties acting pursuant to a court order; and (2) certain registries, providers, and services voluntarily performing actions described in this Act.

Allows the AG to bring an action for injunctive relief against any served party that knowingly and willfully fails to comply with such court order.

Directs the AG to inform the Intellectual Property Enforcement Coordinator (IPEC) and other law enforcement agencies of court orders directed to specific domain names associated with infringing sites. Requires the IPEC and authorizes certain other entities to post such domain names on a publicly available site.

(Sec. 3) Requires the AG to: (1) publish procedures developed with relevant law enforcement agencies to receive information from the public about infringing activities; (2) provide specified guidance to intellectual property rights holders regarding investigations; and (3) establish standards, provide resources, and develop a deconfliction process with other law enforcement agencies for case management and enforcement coordination purposes.

(Sec. 4) Directs the Secretary of Commerce to study and report to Congress on the impact of this Act on the use of Domain Name System Security Extensions.

]]> Combating Online Infringement and Counterfeits Act Display Title Combating Online Infringement and Counterfeits Act Official Title as Introduced A bill to combat online infringement, and for other purposes. Introduced in Senate IS Short Titles as Introduced Combating Online Infringement and Counterfeits Act Short Titles as Reported to Senate Combating Online Infringement and Counterfeits Act S Senate Reported to Senate 2010-11-18T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-111s3804rs/xml/BILLS-111s3804rs.xml Introduced in Senate 2010-09-20T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-111s3804is/xml/BILLS-111s3804is.xml 2010-12-17 By Senator Leahy from Committee on the Judiciary filed written report. Report No. 111-373. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.