[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3804 Reported in Senate (RS)]
Calendar No. 648
111th CONGRESS
2d Session
S. 3804
To combat online infringement, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 20, 2010
Mr. Leahy (for himself, Mr. Hatch, Ms. Klobuchar, Mr. Whitehouse, Mr.
Schumer, Mr. Kohl, Mr. Specter, Mr. Durbin, Mr. Bayh, Mr. Voinovich,
Mrs. Feinstein, Mr. Coburn, Mr. Cardin, Mr. Graham, Mr. Grassley, Mr.
Alexander, Mrs. Gillibrand, Mr. Menendez, and Mr. Inhofe) introduced
the following bill; which was read twice and referred to the Committee
on the Judiciary
November 18, 2010
Reported by Mr. Leahy, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To combat online infringement, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Combating Online
Infringement and Counterfeits Act''.</DELETED>
<DELETED>SEC. 2. INTERNET SITES DEDICATED TO INFRINGING
ACTIVITIES.</DELETED>
<DELETED> Chapter 113 of title 18, United States Code, is amended by
adding at the end the following:</DELETED>
<DELETED>``Sec. 2324. Internet sites dedicated to infringing
activities</DELETED>
<DELETED> ``(a) Definition.--For purposes of this section, an
Internet site is `dedicated to infringing activities' if such site--
</DELETED>
<DELETED> ``(1) is otherwise subject to civil forfeiture to
the United States Government under section 2323; or</DELETED>
<DELETED> ``(2) is--</DELETED>
<DELETED> ``(A) primarily designed, has no
demonstrable, commercially significant purpose or use
other than, or is marketed by its operator, or by a
person acting in concert with the operator, to offer--
</DELETED>
<DELETED> ``(i) goods or services in
violation of title 17, United States Code, or
enable or facilitate a violation of title 17,
United States Code, including by offering or
providing access to, without the authorization
of the copyright owner or otherwise by
operation of law, copies of, or public
performance or display of, works protected by
title 17, in complete or substantially complete
form, by any means, including by means of
download, transmission, or otherwise, including
the provision of a link or aggregated links to
other sites or Internet resources for obtaining
such copies for accessing such performance or
displays; or</DELETED>
<DELETED> ``(ii) to sell or distribute
goods, services, or materials bearing a
counterfeit mark, as that term is defined in
section 34(d) 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' or the `Lanham Act'; 15
U.S.C. 1116(d)); and</DELETED>
<DELETED> ``(B) engaged in the activities described
in subparagraph (A), and when taken together, such
activities are central to the activity of the Internet
site or sites accessed through a specific domain
name.</DELETED>
<DELETED> ``(b) Injunctive Relief.--On application of the Attorney
General following the commencement of an action pursuant to subsection
(c), the court may issue a temporary restraining order, a preliminary
injunction, or an injunction against the domain name used by an
Internet site dedicated to infringing activities to cease and desist
from undertaking any infringing activity in violation of this section,
in accordance with rule 65 of the Federal Rules of Civil Procedure. A
party described in subsection (e) receiving an order issued pursuant to
this section shall take the appropriate actions described in subsection
(e).</DELETED>
<DELETED> ``(c) In Rem Action.--</DELETED>
<DELETED> ``(1) In general.--The Attorney General may
commence an in rem action against any domain name used by an
Internet site in the judicial district in which the domain name
registrar or domain name registry is located, or, if pursuant
to subsection (d)(2), in the District of Columbia, if--
</DELETED>
<DELETED> ``(A) the domain name is dedicated to
infringing activities; and</DELETED>
<DELETED> ``(B) the Attorney General
simultaneously--</DELETED>
<DELETED> ``(i) sends a notice of the
alleged violation and intent to proceed under
this subsection to the registrant of the domain
name at the postal and e-mail address provided
by the registrant to the registrar, if
available; and</DELETED>
<DELETED> ``(ii) publishes notice of the
action as the court may direct promptly after
filing the action.</DELETED>
<DELETED> ``(2) Service of process.--For purposes of this
section, the actions described under paragraph (1)(B) shall
constitute service of process.</DELETED>
<DELETED> ``(d) Situs.--</DELETED>
<DELETED> ``(1) Domains for which the registry or registrar
is located domestically.--In an in rem action commenced under
subsection (c), a domain name shall be deemed to have its situs
in the judicial district in which--</DELETED>
<DELETED> ``(A) the domain name registrar or
registry is located, provided that for a registry that
is located in more than 1 judicial district, venue
shall be appropriate at the principal place where the
registry operations are performed; or</DELETED>
<DELETED> ``(B) documents sufficient to establish
control and authority regarding the disposition of the
registration and use of the domain name are deposited
with the court.</DELETED>
<DELETED> ``(2) Domains for which the registry or registrar
is not located domestically.--</DELETED>
<DELETED> ``(A) Action brought in district of
columbia.--If the provisions of paragraph (1) do not
apply to a particular domain name, the in rem action
may be brought in the District of Columbia to prevent
the importation into the United States of goods and
services offered by an Internet site dedicated to
infringing activities if--</DELETED>
<DELETED> ``(i) the domain name is used to
access such Internet site in the United States;
and</DELETED>
<DELETED> ``(ii) the Internet site--
</DELETED>
<DELETED> ``(I) conducts business
directed to residents of the United
States; and</DELETED>
<DELETED> ``(II) harms intellectual
property rights holders that are
residents of the United
States.</DELETED>
<DELETED> ``(B) Determination by the court.--For
purposes of determining whether an Internet site
conducts business directed to residents of the United
States under subparagraph (A)(ii)(I), a court shall
consider, among other indicia whether--</DELETED>
<DELETED> ``(i) the Internet site is
actually providing goods or services to
subscribers located in the United
States;</DELETED>
<DELETED> ``(ii) the Internet site states
that it is not intended, and has measures to
prevent, infringing material from being
accessed in or delivered to the United
States;</DELETED>
<DELETED> ``(iii) the Internet site offers
services accessible in the United States;
and</DELETED>
<DELETED> ``(iv) any prices for goods and
services are indicated in the currency of the
United States.</DELETED>
<DELETED> ``(e) Service of Court Order.--</DELETED>
<DELETED> ``(1) Domestic domains.--In an in rem action to
which subsection (d)(1) applies, the Attorney General shall
serve any court order issued pursuant to this section on the
domain name registrar or, if the domain name registrar is not
located within the United States, upon the registry. Upon
receipt of such order, the domain name registrar or domain name
registry shall suspend operation of, and lock, the domain
name.</DELETED>
<DELETED> ``(2) Nondomestic domains.--</DELETED>
<DELETED> ``(A) Entity to be served.--In an in rem
action to which subsection (d)(2) applies, the Attorney
General may serve any court order issued pursuant to
this section on any entity listed in clauses (i)
through (iii) of subparagraph (B).</DELETED>
<DELETED> ``(B) Required actions.--Upon receipt of a
court order issued pursuant to this section--</DELETED>
<DELETED> ``(i) a service provider, as that
term is defined in section 512(k)(1) of title
17, United States Code, or other operator of a
domain name system server shall take reasonable
steps that will prevent a domain name from
resolving to that domain name's Internet
protocol address;</DELETED>
<DELETED> ``(ii) a financial transaction
provider, as that term is defined in section
5362(4) of title 31, United States Code, shall
take reasonable measures, as expeditiously as
practical, to prevent--</DELETED>
<DELETED> ``(I) its service from
processing transactions for customers
located within the United States based
on purchases associated with the domain
name; and</DELETED>
<DELETED> ``(II) its trademarks from
being authorized for use on Internet
sites associated with such domain name;
and</DELETED>
<DELETED> ``(iii) a service that serves
contextual or display advertisements to
Internet sites shall take reasonable measures,
as expeditiously as practical, to prevent its
network from serving advertisements to an
Internet site accessed through such domain
name.</DELETED>
<DELETED> ``(3) Immunity.--No cause of action shall lie in
any Federal or State court or administrative agency against any
entity receiving a court order issued under this section, or
against any director, officer, employee, or agent thereof, for
any action reasonably calculated to comply with this section or
arising from such order.</DELETED>
<DELETED> ``(f) Publication of Orders.--The Attorney General shall
inform the Intellectual Property Enforcement Coordinator of all court
orders issued under this section directed to specific domain names
associated with Internet sites dedicated to infringing activities. The
Intellectual Property Enforcement Coordinator shall post such domain
names on a publicly available Internet site, together with other
relevant information, in order to inform the public.</DELETED>
<DELETED> ``(g) Enforcement of Orders.--In order to compel
compliance with this section, the Attorney General may bring an action
against any party receiving a court order issued pursuant to this
section that willfully or persistently fails to comply with such order.
A showing by the defending party in such action that it does not have
the technical means to comply with this section shall serve as a
complete defense to such action.</DELETED>
<DELETED> ``(h) Modification or Vacation of Orders; Dismissal.--
</DELETED>
<DELETED> ``(1) Modification or vacation of order.--At any
time after the issuance of a court order constituting
injunctive relief under this section--</DELETED>
<DELETED> ``(A) the Attorney General may apply for a
modification of the order--</DELETED>
<DELETED> ``(i) to expand the order to apply
to a domain name that is reconstituted using a
different domain name subsequent to the
original order, and</DELETED>
<DELETED> ``(ii) to include additional
domain names that are used in substantially the
same manner as the Internet site against which
the action was brought,</DELETED>
<DELETED>by providing the court with clear indicia of
joint control, ownership, or operation of the Internet
site associated with the domain name subject to the
order and the Internet site associated with the
requested modification; and</DELETED>
<DELETED> ``(B) a defendant or owner or operator of
a domain name subject to the order, or any party
required to take action based on the order, may
petition the court to modify, suspend, or vacate the
order, based on evidence that--</DELETED>
<DELETED> ``(i) the Internet site associated
with the domain name subject to the order is no
longer dedicated to infringing activities;
or</DELETED>
<DELETED> ``(ii) the interests of justice
require that the order be modified, suspended,
or vacated.</DELETED>
<DELETED> ``(2) Dismissal of order.--A court order
constituting injunctive relief under this section issued
against a domain name used by an Internet site dedicated to
infringing activities shall automatically cease to have any
force or effect upon expiration of the registration of the
domain name. It shall be the responsibility of the domain name
registrar to notify the court of such expiration.</DELETED>
<DELETED> ``(i) Savings Clause.--Nothing in this section shall be
construed to limit civil or criminal remedies available to any person
(including the United States) for infringing activities on the Internet
pursuant to any other Federal or State law.</DELETED>
<DELETED> ``(j) Internet Sites Alleged by the Department of Justice
To Be Dedicated to Infringing Activities.--</DELETED>
<DELETED> ``(1) In general.--The Attorney General shall
maintain a public listing of domain names that, upon
information and reasonable belief, the Department of Justice
determines are dedicated to infringing activities but for which
the Attorney General has not filed an action under this
section.</DELETED>
<DELETED> ``(2) Protection for undertaking corrective
measures.--If an entity described under subsection (e) takes
any action specified in such subsection with respect to a
domain name that appears on the list established under
paragraph (1), then such entity shall receive the immunity
protections described under subsection (e)(3).</DELETED>
<DELETED> ``(3) Removal from list.--The Attorney General
shall establish and publish procedures for the owner or
operator of a domain name appearing on the list established
under paragraph (1) to petition the Attorney General to remove
such domain name from the list based on any of the factors
described under subsection (h)(1)(B).</DELETED>
<DELETED> ``(4) Judicial review.--</DELETED>
<DELETED> ``(A) In general.--After the Attorney
General makes a final determination on a petition to
remove a domain name appearing on the list established
under paragraph (1) filed by an individual pursuant to
the procedures referred to in paragraph (3), the
individual may obtain judicial review of such
determination in a civil action commenced not later
than 90 days after notice of such decision, or such
further time as the Attorney General may
allow.</DELETED>
<DELETED> ``(B) Jurisdiction.--A civil action for
such judicial review shall be brought in the district
court of the United States for the judicial district in
which the plaintiff resides, or has a principal place
of business, or, if the plaintiff does not reside or
have a principal place of business within any such
judicial district, in the District Court of the United
States for the District of Columbia.</DELETED>
<DELETED> ``(C) Answer.--As part of the Attorney
General's answer to a complaint for such judicial
review, the Attorney General shall file a certified
copy of the administrative record compiled pursuant to
the petition to remove, including the evidence upon
which the findings and decision complained of are
based.</DELETED>
<DELETED> ``(D) Judgment.--The court shall have
power to enter, upon the pleadings and transcript of
the record, a judgment affirming or reversing the
result of the Attorney General's determination on the
petition to remove, with or without remanding the cause
for a rehearing.''.</DELETED>
<DELETED>SEC. 3. REQUIRED ACTIONS BY THE ATTORNEY GENERAL.</DELETED>
<DELETED> The Attorney General shall--</DELETED>
<DELETED> (1) publish procedures to receive information from
the public about Internet sites that are dedicated to
infringing activities, as that term is defined under section
2324 of title 18, United States Code;</DELETED>
<DELETED> (2) provide guidance to intellectual property
rights holders about what information such rights holders
should provide the Department of Justice to initiate an
investigation pursuant to such section 2324;</DELETED>
<DELETED> (3) provide guidance to intellectual property
rights holders about how to supplement an ongoing investigation
initiated pursuant to such section 2324;</DELETED>
<DELETED> (4) establish standards for prioritization of
actions brought under such section 2324; and</DELETED>
<DELETED> (5) provide appropriate resources and procedures
for case management and development to affect timely
disposition of actions brought under such section
2324.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Online Infringement and
Counterfeits Act''.
SEC. 2. INTERNET SITES DEDICATED TO INFRINGING ACTIVITIES.
(a) Definitions.--For purposes of this Act--
(1) an Internet site is ``dedicated to infringing
activities'' if such site--
(A) is otherwise subject to civil forfeiture to the
United States Government under section 2323 of title
18, United States Code; or
(B) is--
(i) primarily designed, or has no
demonstrable commercially significant purpose
or use other than, or is marketed by its
operator, or by a person acting in concert with
the operator--
(I) to offer goods or services in
violation of title 17, United States
Code, or that enable or facilitate a
violation of title 17, United States
Code, including but not limited to
offering or providing access in a
manner not authorized by the copyright
owner or otherwise by operation of law,
copies or phonorecords of, or public
performances or displays of works
protected by title 17, in complete or
substantially complete form, by any
means, including by means of download,
streaming, or other transmission,
provision of a link or aggregated links
to other sites or Internet resources
for obtaining access to such copies,
phonorecords, performances, displays,
goods, or services; or
(II) to sell or offer to sell or
distribute or otherwise promote goods,
services, or materials bearing a
counterfeit mark, as that term is
defined in section 34(d) of the Lanham
Act (15 U.S.C. 1116(d)); and
(ii) engaged in the activities described in
subparagraph (A), and when taken together, such
activities are the central activities of the
Internet site or sites accessed through a
specific domain name;
(2) the term ``domain name'' has the same meaning as in
section 45 of the Lanham Act (15 U.S.C. 1127); and
(3) the term ``Lanham Act'' means 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'' or the ``Lanham Act'').
(b) Injunctive Relief.--On application of the Attorney General
following the commencement of an action pursuant to subsection (c), the
court may issue a temporary restraining order, a preliminary
injunction, or an injunction against the domain name used by an
Internet site dedicated to infringing activities to cease and desist
from undertaking any further activity in violation of this section, in
accordance with rule 65 of the Federal Rules of Civil Procedure. A
party described in subsection (e) receiving an order issued pursuant to
this section shall take the appropriate actions described in subsection
(e).
(c) In Rem Action.--
(1) In general.--The Attorney General may commence an in
rem action against any domain name or names used by an Internet
site in the judicial district in which the domain name
registrar or domain name registry for at least 1 such domain
name is located or doing business, or, if pursuant to
subsection (d)(2), in the District of Columbia, if--
(A) the domain name is used by an Internet site
dedicated to infringing activities; and
(B) the Attorney General simultaneously--
(i) sends a notice of the alleged violation
and intent to proceed under this subsection to
the registrant of the domain name at the postal
and e-mail address provided by the registrant
to the registrar, if available; and
(ii) publishes notice of the action as the
court may direct promptly after filing the
action.
(2) Service of process.--For purposes of this section, the
actions described under paragraph (1)(B) shall constitute
service of process.
(d) Situs.--
(1) Domains for which the registry or registrar is located
domestically.--In an in rem action commenced under subsection
(c), a domain name shall be deemed to have its situs in the
judicial district in which--
(A) the domain name registrar or registry is
located, provided that for a registry that is located
or doing business in more than 1 judicial district,
venue shall be appropriate at the principal place where
the registry operations are performed; or
(B) documents sufficient to establish control and
authority regarding the disposition of the registration
and use of the domain name are deposited with the
court.
(2) Domains for which the registry or registrar is not
located domestically.--
(A) Action brought in district of columbia.--If the
provisions of paragraph (1) do not apply to a
particular domain name, the in rem action may be
brought in the District of Columbia to prevent and
restrain the importation into the United States of
goods and services offered by an Internet site
dedicated to infringing activities if--
(i) the domain name is used by users within
the United States to access such Internet site;
and
(ii) the Internet site--
(I) conducts business directed to
residents of the United States; and
(II) harms holders of United States
intellectual property rights.
(B) Determination by the court.--For purposes of
determining whether an Internet site conducts business
directed to residents of the United States under
subparagraph (A)(ii)(I), a court shall consider, among
other indicia whether--
(i) the Internet site is providing goods or
services described under subsection (a)(2) to
users located in the United States;
(ii) there is evidence that the Internet
site is not intended to provide--
(I) such goods and services to
users located in the United States;
(II) access to such goods and
services to users located in the United
States; and
(III) delivery of such goods and
services to users located in the United
States;
(iii) the Internet site has reasonable
measures to prevent such goods and services
from being obtained in or delivered to the
United States;
(iv) the Internet site offers services
obtained in the United States; and
(v) any prices for goods and services are
indicated in the currency of the United States.
(e) Service of Court Order.--
(1) Domestic domains.--In connection with an order obtained
in an action to which subsection (d)(1) applies, the Federal
law enforcement officer shall serve any court order issued
pursuant to this section on the domain name registrar or, if
the domain name registrar is not located within the United
States, upon the registry. Upon receipt of such order, the
domain name registrar or domain name registry shall suspend
operation of, and may lock, the domain name.
(2) Nondomestic domains.--
(A) Entity to be served.--In connection with an
order obtained in an action to which subsection (d)(2)
applies, a Federal law enforcement officer may serve
any court order issued pursuant to this section on
entities described in clauses (i) through (iii) of
subparagraph (B).
(B) Required actions.--After being served with an
order issued pursuant to this section--
(i) a service provider, as that term is
defined in section 512(k)(1) of title 17,
United States Code, or any other operator of a
nonauthoritative domain name system server
shall, as expeditiously as reasonable, take
technically feasible and reasonable steps
designed to prevent a domain name from
resolving to that domain name's Internet
protocol address, except that--
(I) such entity shall not be
required--
(aa) to modify its network
or other facilities to comply
with such order;
(bb) to take any steps with
respect to domain name lookups
not performed by its own domain
name system server; or
(cc) to continue to prevent
access to a domain name to
which access has been
effectively disabled by other
means; and
(II) nothing in this subparagraph
shall affect the limitation on an
entity's liability under section 512 of
title 17, United States Code;
(ii) a financial transaction provider, as
that term is defined in section 5362(4) of
title 31, United States Code--
(I) shall take reasonable measures,
as expeditiously as reasonable,
designed to prevent or prohibit its
service from completing payment
transactions between its customers
located within the United States and
the Internet site using the domain name
set forth in the order; and
(II) shall cause notice to be
provided to the Internet site using the
domain name set forth in the order that
the site is not authorized to use the
trademark of the financial transaction
provider; and
(iii) a service that provides
advertisements to Internet sites shall take
reasonable measures, as expeditiously as
reasonable, to prevent its network from
providing advertisements to an Internet site
associated with such domain name.
(3) Communication with users.--An entity taking an action
described in this subsection shall determine how to communicate
such action to the entity's users or customers.
(4) Rule of construction.--For purposes of an action filed
under this section, the obligations of an entity described in
this subsection shall be limited to the actions set out in each
paragraph or subparagraph applicable to such entity, and no
order issued pursuant to this section shall impose any
additional obligations on, or require additional actions by,
such entity.
(5) Immunity.--
(A) Actions pursuant to court order.--No cause of
action shall lie in any Federal or State court or
administrative agency against any entity receiving a
court order issued under this subsection, or against
any director, officer, employee, or agent thereof, for
any act reasonably designed to comply with this
subsection or reasonably arising from such order, other
than in an action pursuant to subsection (g). Any
entity receiving an order under this subsection, and
any director, officer, employee, or agent thereof,
shall not be liable to any party for any acts
reasonably designed to comply with this subsection or
reasonably arising from such order, other than in an
action pursuant to subsection (g), and any actions
taken by customers of such entity to circumvent any
restriction on access to the Internet domain instituted
pursuant to this subsection or any act, failure, or
inability to restrict access to an Internet domain that
is the subject of a court order issued pursuant to this
subsection despite good faith efforts to do so by such
entity shall not be used by any person in any claim or
cause of action against such entity, other than in an
action pursuant to subsection (g).
(B) Voluntary actions.--No domain name registry,
domain name registrar, financial transaction provider,
or service that provides advertisements to Internet
sites shall be liable to any person on account of any
action described in this subsection voluntarily taken
if the entity reasonably believes the Internet site is
dedicated to infringing activities or to prevent the
importation into the United States of goods or services
described under subsection (a)(2) offered by such an
Internet site.
(f) Publication of Orders.--The Attorney General shall inform the
Intellectual Property Enforcement Coordinator and other law enforcement
agencies of all court orders issued under this section directed to
specific domain names associated with Internet sites dedicated to
infringing activities. The Intellectual Property Enforcement
Coordinator shall, and any entity described in subsection (e) may, post
such domain names on a publicly available Internet site, together with
other relevant information, in order to inform the public. Upon the
expiration or vacation of a court order issued under this subsection,
the Attorney General shall inform the Intellectual Property Enforcement
Coordinator of such expiration or vacation, and the Intellectual
Property Enforcement Coordinator shall promptly remove the affected
domain name or names from such publicly available Internet site.
(g) Enforcement of Orders.--
(1) In general.--In order to compel compliance with this
section, the Attorney General may bring an action for
injunctive relief against any party receiving a court order
issued pursuant to this section that knowingly and willfully
fails to comply with such order. A showing by the defending
party in such action that it does not have the technical means
to comply with this section, or that the order is inconsistent
with this section, shall serve as a defense to such action to
the extent of the inability to comply or such inconsistency.
(2) Rule of construction.--The authority granted the
Attorney General under paragraph (1) shall be the sole legal
remedy for enforcing the obligations under this section of any
entity described in subsection (e).
(h) Modification or Vacation of Orders.--At any time after the
issuance of a court order under this section--
(1) the Attorney General may apply for a modification of
the order--
(A) to expand the order to apply to an Internet
site that is reconstituted using a different domain
name subsequent to the original order, and
(B) to include additional domain names that are
used in substantially the same manner as the Internet
site against which the action was brought,
by providing the court with evidence that the Internet site
associated with the requested modification (i) is dedicated to
infringing activities in substantially the same manner as, and
(ii) is under joint control, ownership, or operation of, or
other affiliation with, the domain name subject to the order;
(2) a defendant or owner or operator of a domain name
subject to the order, or any party required to take action
based on the order, may petition the court to modify, suspend,
or vacate the order, based on evidence that--
(A) the Internet site associated with the domain
name subject to the order is no longer, or never was,
dedicated to infringing activities; or
(B) the interests of justice require that the order
be modified, suspended, or vacated; and
(3) a registrar or owner, licensee, or operator of a domain
name subject to the order may petition the court to vacate the
order based on evidence that the registration of the domain
name has expired and the domain name has been re-registered by
a different party.
(i) Savings Clause.--
(1) In general.--Nothing in this section shall be construed
to limit or expand civil or criminal remedies available to any
person (including the United States) for infringing activities
on the Internet pursuant to any other Federal or State law.
(2) Vicarious or contributory liability.--Nothing in this
section shall be construed to enlarge or diminish vicarious or
contributory liability for any cause of action available under
title 17, United States Code, including any limitations on
liability under section 512 of such title 17.
SEC. 3. REQUIRED ACTIONS BY THE ATTORNEY GENERAL.
The Attorney General shall--
(1) publish procedures developed in consultation with other
relevant law enforcement agencies, including Immigration and
Customs Enforcement, to receive information from the public
about Internet sites that are dedicated to infringing
activities;
(2) provide guidance to intellectual property rights
holders about what information such rights holders should
provide the Department of Justice to initiate an investigation
pursuant to this Act;
(3) provide guidance to intellectual property rights
holders about how to supplement an ongoing investigation
initiated pursuant to this Act;
(4) establish standards for prioritization of actions
brought under this Act;
(5) provide appropriate resources and procedures for case
management and development to affect timely disposition of
actions brought under this Act; and
(6) develop a deconfliction process in consultation with
other law enforcement agencies, including Immigration and
Customs Enforcement, to coordinate enforcement activities
brought under this Act.
SEC. 4. REPORT.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Commerce shall study and report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives on the impact of the steps described in section 2(e)
on an entity's ability to deploy effectively and use Domain Name System
Security Extensions.
Calendar No. 648
111th CONGRESS
2d Session
S. 3804
_______________________________________________________________________
A BILL
To combat online infringement, and for other purposes.
_______________________________________________________________________
November 18, 2010
Reported with an amendment