I 111th CONGRESS 1st Session H. R. 2765 IN THE HOUSE OF REPRESENTATIVES June 9, 2009 Mr. Cohen (for himself, Mr. Issa, Mr. Conyers, Mr. Nadler of New York, Mr. Franks of Arizona, Ms. Zoe Lofgren of California, Mr. Coble, and Mr. Poe of Texas) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to prohibit recognition and enforcement of foreign defamation judgments and certain foreign judgments against the providers of interactive computer services.

1.

Recognition of foreign defamation judgments

(a)

In General

Part VI of title 28, United States Code, is amended by adding at the end the following: 181

Foreign Judgments

Sec. 4101. Definitions. 4102. Recognition of foreign defamation judgments. 4103. Attorneys’ fees.

4101.

Definitions

In this chapter: (1)

Domestic court

The term domestic court means a Federal court or a court of any State. (2)

Foreign court

The term foreign court means a court, administrative body, or other tribunal of a foreign country. (3)

Foreign judgment

The term foreign judgment means a final judgment rendered by a foreign court. (4)

State

The term State means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

4102.

Recognition of foreign defamation judgments

(a)

First amendment considerations

Notwithstanding any other provision of Federal or State law, a domestic court shall not recognize or enforce a foreign judgment for defamation whenever the party opposing recognition or enforcement of the judgment claims that the judgment is inconsistent with the first amendment to the Constitution of the United States, unless the domestic court determines that the judgment is consistent with the first amendment. The burden of establishing that the foreign judgment is consistent with the first amendment shall lie with the party seeking recognition or enforcement of the judgment. (b)

Jurisdictional considerations

Notwithstanding any other provision of Federal or State law, a domestic court shall not recognize or enforce a foreign judgment for defamation if the party opposing recognition or enforcement establishes that the exercise of personal jurisdiction over such party by the foreign court that rendered the judgment failed to comport with the due process requirements imposed on domestic courts by the Constitution of the United States. (c)

Judgment against provider of interactive computer service

Notwithstanding any other provision of Federal or State law, a domestic court shall not recognize or enforce a foreign judgment for defamation against the provider of an interactive computer service, as defined in section 230 of the Communications Act of 1934 (47 U.S.C. 230), whenever the party opposing recognition or enforcement of the judgment claims that the judgment is inconsistent with such section 230, unless the domestic court determines that the judgment is consistent with such section 230. The burden of establishing that the foreign judgment is consistent with such section 230 shall lie with the party seeking recognition or enforcement of the judgment. (d)

Appearances not a bar

An appearance by a party in a foreign court rendering a foreign judgment to which this section applies for the purpose of contesting the foreign court’s exercise of jurisdiction in the case, moving the foreign court to abstain from exercising jurisdiction in the case, defending on the merits any claims brought before the foreign court, or for any other purpose, shall not deprive such party of the right to oppose the recognition or enforcement of the judgment under this section.

4103.

Attorneys’ fees

In any action brought in a domestic court to enforce a foreign judgment for defamation, the court may allow the party opposing recognition or enforcement of the judgment a reasonable attorney’s fee if such party prevails in the action on a ground specified in subsection (a), (b), or (c).

. (b)

Clerical Amendment

The table of chapters for part VI of title 28, United States Code, is amended by adding at the end the following: 181.Foreign judgments4101. .