[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3754 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 3754

   To provide additional civil and criminal remedies for domain name 
                                 fraud.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 3, 2004

    Mr. Smith of Texas (for himself and Mr. Berman) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To provide additional civil and criminal remedies for domain name 
                                 fraud.

    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 ``Fraudulent Online Identity Sanctions 
Act''.

SEC. 2. AMENDMENT TO TRADEMARK ACT OF 1946.

    Section 35 of the Act entitled ``An Act to provide for the 
registration and protection of trademarks used in commerce, to carry 
out the provisions of certain international conventions, and for other 
purposes'', approved July 5, 1946 (commonly referred to as the 
``Trademark Act of 1946''; 15 U.S.C. 1117), is amended by adding at the 
end the following new subsection:
    ``(e) In a case of a violation referred to in this section, 
occurring at or in connection with an online location, the violation 
shall be considered to be willful for purposes of this section if the 
violator, or a person acting in concert with the violator, knowingly 
provided 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 used in connection with the 
online location, or in maintaining or renewing such registration.''.

SEC. 3. AMENDMENT TO TITLE 17, UNITED STATES CODE.

    Section 504(c)(2) of title 17, United States Code, is amended by 
adding at the end the following new sentence: ``In a case of 
infringement occurring at or in connection with an online location, the 
infringement shall be considered to be willful for purposes of this 
paragraph where the copyright owner sustains the burden of proving, and 
the court finds, that the infringer or a person acting in concert with 
the infringer knowingly provided 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 used in 
connection with the online location, or in maintaining or renewing such 
registration. For purposes of the preceding sentence, the term `domain 
name' has the meaning given that term in section 45 of the Act entitled 
`An Act to provide for the registration and protection of trademarks 
used in commerce, to carry out the provisions of certain international 
conventions, and for other purposes' approved July 5, 1946 (commonly 
referred to as the `Trademark Act of 1946'; 15 U.S.C. 1127).''.

SEC. 4. AMENDMENT TO TITLE 18, UNITED STATES CODE.

    Section 3559 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(f) Sentencing Enhancement for Falsification Relating to Domain 
Names in Connection With Offenses.--The maximum imprisonment otherwise 
provided by law for a felony offense shall be increased by 7 years if, 
in furtherance of that offense, the defendant knowingly provided 
material and misleading false contact information to a domain name 
registrar, domain name registry, or other domain name registration 
authority in connection with a domain name registration. For purposes 
of this subsection, the term `domain name' has the meaning given that 
term in section 45 of the Act entitled `An Act to provide for the 
registration and protection of trademarks used in commerce, to carry 
out the provisions of certain international conventions, and for other 
purposes', approved July 5, 1946 (commonly referred to as the 
`Trademark Act of 1946'; 15 U.S.C. 1127).''.
                                 <all>