[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2752 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2752

  To encourage the development and distribution of creative works by 
enhancing domestic and international enforcement of the copyright laws, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 2003

   Mr. Conyers (for himself, Mr. Berman, Mr. Meehan, Mr. Wexler, Mr. 
   Weiner, and Mr. Schiff) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To encourage the development and distribution of creative works by 
enhancing domestic and international enforcement of the copyright laws, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Author, Consumer, and Computer Owner 
Protection and Security (ACCOPS) Act of 2003''.

            TITLE I--INCREASED DOMESTIC ENFORCEMENT EFFORTS

SEC. 101. AUTHORIZED APPROPRIATIONS.

    There are authorized to be appropriated for fiscal year 2004, to 
the Department of Justice for investigation and prosecution of 
violations of title 17, United States Code, not less than $15,000,000.

SEC. 102. NATIONAL INTELLECTUAL PROPERTY LAW ENFORCEMENT COORDINATION 
              COUNCIL.

    Section 653(b) of title VI of Public Law 106-58 (15 U.S.C. 1128(b)) 
is amended by adding at the end the following: ``The Council shall 
develop guidelines to ensure that its component members share amongst 
themselves law enforcement information related to infringement of 
United States copyrighted works.''

SEC. 103. ENHANCED CRIMINAL COPYRIGHT REPORTING.

    Section 2320(f) of title 28, United States Code, is amended by 
striking ``Beginning with the first year after the date of enactment of 
this subsection, the Attorney General shall include in the report of 
the Attorney General to Congress on the business of the Department of 
Justice prepared pursuant to section 522 of title 28,'' and inserting 
``Beginning with the first year after the date of enactment of this 
subsection, the Attorney General shall submit to the House and Senate 
Judiciary Committees on a biannual basis,''

           TITLE II--INCREASED INTERNATIONAL ENFORCEMENT EFFORTS

SEC. 201. INFORMATION SHARING.

    (a) In General.--Subject to the limitations in section 202, the 
Attorney General of the United States shall provide to a foreign 
authority evidence to assist such authority--
            (1) in determining whether a person has violated any of the 
        copyright laws administered or enforced by the foreign 
        authority; or
            (2) in enforcing any of such foreign copyright laws.
    (b) Examples of Type of Evidence.--Such evidence includes evidence 
obtained pursuant to criminal complaints or to investigations of 
violations of sections 2318, 2319, 2319A, and 2320 of title 17, United 
States Code that explains, analyzes, or describes--
            (1) the nature of the violation;
            (2) the technological means through which violations of the 
        copyright law has occurred;
            (3) the identity and location of the person who has 
        committed such violation; or
            (4) the estimated financial loss caused by the violation.

SEC. 202. LIMITATIONS.

    The Attorney General shall not provide evidence under section 201--
            (1) that is a matter occurring before a grand jury with 
        respect to which disclosure is prohibited by Federal Rules of 
        Criminal Procedure;
            (2) that is classified; or
            (3) that should not be disclosed for national security 
        reasons.

                      TITLE III--ANTI-PIRACY TOOLS

SEC. 301. CRIMINAL PENALTIES FOR PLACING WORKS ON COMPUTER NETWORKS.

    Section 506(a) of title 17, United States Code, is amended--
            (1) by striking ``, United States Code''; and
            (2) by adding at the end the following: ``For purposes of 
        section 2319(b) of title 18, the placing of a copyrighted work, 
        without the authorization of the copyright owner, on a computer 
        network accessible to members of the public who are able to 
        copy the work through such access shall be considered to be the 
        distribution, during a 180-day period, of at least 10 copies of 
        that work with a retail value of more than $2,500.''.

SEC. 302. NOTICE AND CONSENT.

    (a) In General.--Chapter 89 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1822. Notice and consent relating to certain software
    ``(a) Whoever knowingly offers enabling software for download over 
the Internet and does not--
            ``(1) clearly and conspicuously warn any person downloading 
        that software, before it is downloaded, that it is enabling 
        software and could create a security and privacy risk for the 
        user's computer; and
            ``(2) obtain that person's prior consent to the download 
        after that warning;
 shall be fined under this title or imprisoned not more than 6 months, 
or both.
    ``(b) As used in this section, the term `enabling software' means 
software that, when installed on the user's computer, enables 3rd 
parties to store data on that computer, or use that computer to search 
other computers' contents over the Internet.''.
    (b) Amendment to Table of Sections.--The table of sections at the 
beginning of chapter 89 of title 18, United States Code, is amended by 
adding at the end the following new item:

``1822. Notice and consent relating to certain software.''.

SEC. 303. CRIMINAL PENALTIES FOR FALSE INFORMATION IN REGISTRATION OF 
              DOMAIN NAMES.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1037. Fraudulent information in registering domain name
    ``(a) Offense.--Whoever knowingly and with intent to defraud 
provides material and misleading false contact information to a domain 
name registrar, domain name registry, or other domain name registration 
authority in registering a domain name shall be fined under this title 
or imprisoned not more than 5 years, or both.
    ``(b) Definitions.--In this section--
            ``(1) the term `domain name' means any alphanumeric 
        designation which is registered with or assigned by a domain 
        name registrar, domain name registry, or other domain name 
        registration authority as part of an electronic address on the 
        Internet; and
            ``(2) the term `Internet' has the meaning given that term 
        in section 230(f)(1) of the Communications Act of 1034 (47 
        U.S.C. 230(f)(1)).''.
    (b) Conforming Amendment.--The table of sections for chapter 47 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``1037. Fraudulent information in registering domain name.''.

SEC. 304. PREVENTION OF SURREPTITIOUS RECORDING IN THEATERS.

    Section 506(a) of title 17, United States Code, is amended--
            (1) in paragraph (1), by striking ``or'' after the comma;
            (2) in paragraph (2), by inserting ``or'' after 
        ``$1,000,''; and
            (3) by inserting after paragraph (2) the following:
            ``(3) by the unauthorized reproduction or recording of a 
        motion picture as it is being performed or displayed in a 
        motion picture theater,''.

SEC. 305. EVIDENTIARY STANDARDS FOR CRIMINAL WILLFULNESS.

    (a) Offense.--Section 506(a) of title 17, United States Code, as 
amended by section 301 of this Act, is further amended by adding at the 
end the following: ``The knowing and intentional provision of material 
and misleading false contact information to a domain name registrar, 
domain name registry, or other domain name registration authority in 
registering a domain name shall be considered evidence of willfulness 
with respect to infringements committed by the domain name registrant 
through the use of that domain name.''.
    (b) Definition.--Section 506 of title 17, United States Code, is 
amended by adding at the end the following:
    ``(g) Definitions.--In this section--
            ``(1) the term `domain name' means any alphanumeric 
        designation which is registered with or assigned by a domain 
        name registrar, domain name registry, or other domain name 
        registration authority as part of an electronic address on the 
        Internet; and
            ``(2) the term `Internet' has the meaning given that term 
        in section 230(f)(1) of the Communications Act of 1034 (47 
        U.S.C. 230(f)(1)).''.
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