I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Author, Consumer, and 

5 Computer Owner Protection and Security (ACCOPS) Act 

6 of 2003’’. 
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1 TITLE I—INCREASED DOMESTIC 

2 ENFORCEMENT EFFORTS 

3 SEC. 101. AUTHORIZED APPROPRIATIONS. 

4 There are authorized to be appropriated for fiscal 

5 year 2004, to the Department of Justice for investigation 

6 and prosecution of violations of title 17, United States 

7 Code, not less than $15,000,000. 

8 SEC. 102. NATIONAL INTELLECTUAL PROPERTY LAW EN9 FORCEMENT COORDINATION COUNCIL. 

10 Section 653(b) of title VI of Public Law 106–58 (15 

11 U.S.C. 1128(b)) is amended by adding at the end the fol12 lowing: ‘‘The Council shall develop guidelines to ensure 

13 that its component members share amongst themselves 

14 law enforcement information related to infringement of 

15 United States copyrighted works.’’

16 SEC. 103. ENHANCED CRIMINAL COPYRIGHT REPORTING. 

17 Section 2320(f) of title 28, United States Code, is 

18 amended by striking ‘‘Beginning with the first year after 

19 the date of enactment of this subsection, the Attorney 

20 General shall include in the report of the Attorney General 

21 to Congress on the business of the Department of Justice 

22 prepared pursuant to section 522 of title 28,’’ and insert23 ing ‘‘Beginning with the first year after the date of enact24 ment of this subsection, the Attorney General shall submit 
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1 to the House and Senate Judiciary Committees on a bian2 nual basis,’’

3 TITLE II—INCREASED INTER4 NATIONAL ENFORCEMENT 

5 EFFORTS 

6 SEC. 201. INFORMATION SHARING. 

7 (a) IN GENERAL.—Subject to the limitations in sec8 tion 202, the Attorney General of the United States shall 

9 provide to a foreign authority evidence to assist such au10 thority—

11 (1) in determining whether a person has vio12 lated any of the copyright laws administered or en13 forced by the foreign authority; or 

14 (2) in enforcing any of such foreign copyright 

15 laws. 

16 (b) EXAMPLES OF TYPE OF EVIDENCE.—Such evi17 dence includes evidence obtained pursuant to criminal 

18 complaints or to investigations of violations of sections 

19 2318, 2319, 2319A, and 2320 of title 17, United States 

20 Code that explains, analyzes, or describes—

21 (1) the nature of the violation; 

22 (2) the technological means through which vio23 lations of the copyright law has occurred; 

24 (3) the identity and location of the person who 

25 has committed such violation; or 
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1 (4) the estimated financial loss caused by the 

2 violation. 

3 SEC. 202. LIMITATIONS. 

4 The Attorney General shall not provide evidence 

5 under section 201—

6 (1) that is a matter occurring before a grand 

7 jury with respect to which disclosure is prohibited by 

8 Federal Rules of Criminal Procedure; 

9 (2) that is classified; or 

10 (3) that should not be disclosed for national se11 curity reasons. 

12 TITLE III—ANTI-PIRACY TOOLS

13 SEC. 301. CRIMINAL PENALTIES FOR PLACING WORKS ON 

14 COMPUTER NETWORKS. 

15 Section 506(a) of title 17, United States Code, is 

16 amended—

17 (1) by striking ‘‘, United States Code’’; and 

18 (2) by adding at the end the following: ‘‘For 

19 purposes of section 2319(b) of title 18, the placing 

20 of a copyrighted work, without the authorization of 

21 the copyright owner, on a computer network acces22 sible to members of the public who are able to copy 

23 the work through such access shall be considered to 

24 be the distribution, during a 180-day period, of at 
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1 least 10 copies of that work with a retail value of 

2 more than $2,500.’’. 

3 SEC. 302. NOTICE AND CONSENT. 

4 (a) IN GENERAL.—Chapter 89 of title 18, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 1822. Notice and consent relating to certain soft8 ware 

9 ‘‘(a) Whoever knowingly offers enabling software for 

10 download over the Internet and does not—

11 ‘‘(1) clearly and conspicuously warn any person 

12 downloading that software, before it is downloaded, 

13 that it is enabling software and could create a secu14 rity and privacy risk for the user’s computer; and 

15 ‘‘(2) obtain that person’s prior consent to the 

16 download after that warning; 

17 shall be fined under this title or imprisoned not more than 

18 6 months, or both. 

19 ‘‘(b) As used in this section, the term ‘enabling soft20 ware’ means software that, when installed on the user’s 

21 computer, enables 3rd parties to store data on that com22 puter, or use that computer to search other computers’ 

23 contents over the Internet.’’. 

24 (b) AMENDMENT TO TABLE OF SECTIONS.—The 

25 table of sections at the beginning of chapter 89 of title 
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1 18, United States Code, is amended by adding at the end 

2 the following new item:

‘‘1822. Notice and consent relating to certain software.’’.

3 SEC. 303. CRIMINAL PENALTIES FOR FALSE INFORMATION 

4 IN REGISTRATION OF DOMAIN NAMES. 

5 (a) IN GENERAL.—Chapter 47 of title 18, United 

6 States Code, is amended by adding at the end the fol7 lowing new section: 

8 ‘‘§ 1037. Fraudulent information in registering do9 main name 

10 ‘‘(a) OFFENSE.—Whoever knowingly and with intent 

11 to defraud provides material and misleading false contact 

12 information to a domain name registrar, domain name 

13 registry, or other domain name registration authority in 

14 registering a domain name shall be fined under this title 

15 or imprisoned not more than 5 years, or both. 

16 ‘‘(b) DEFINITIONS.—In this section—

17 ‘‘(1) the term ‘domain name’ means any alpha18 numeric designation which is registered with or as19 signed by a domain name registrar, domain name 

20 registry, or other domain name registration author21 ity as part of an electronic address on the Internet; 

22 and 
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1 ‘‘(2) the term ‘Internet’ has the meaning given 

2 that term in section 230(f)(1) of the Communica3 tions Act of 1034 (47 U.S.C. 230(f)(1)).’’. 

4 (b) CONFORMING AMENDMENT.—The table of sec5 tions for chapter 47 of title 18, United States Code, is 

6 amended by adding at the end the following new item:

‘‘1037. Fraudulent information in registering domain name.’’.

7 SEC. 304. PREVENTION OF SURREPTITIOUS RECORDING IN 

8 THEATERS. 

9 Section 506(a) of title 17, United States Code, is 

10 amended—

11 (1) in paragraph (1), by striking ‘‘or’’ after the 

12 comma; 

13 (2) in paragraph (2), by inserting ‘‘or’’ after 

14 ‘‘$1,000,’’; and 

15 (3) by inserting after paragraph (2) the fol16 lowing: 

17 ‘‘(3) by the unauthorized reproduction or re18 cording of a motion picture as it is being performed 

19 or displayed in a motion picture theater,’’. 

20 SEC. 305. EVIDENTIARY STANDARDS FOR CRIMINAL WILL21 FULNESS. 

22 (a) OFFENSE.—Section 506(a) of title 17, United 

23 States Code, as amended by section 301 of this Act, is 

24 further amended by adding at the end the following: ‘‘The 
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1 knowing and intentional provision of material and mis2 leading false contact information to a domain name reg3 istrar, domain name registry, or other domain name reg4 istration authority in registering a domain name shall be 

5 considered evidence of willfulness with respect to infringe6 ments committed by the domain name registrant through 

7 the use of that domain name.’’. 

8 (b) DEFINITION.—Section 506 of title 17, United 

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘(g) DEFINITIONS.—In this section—

12 ‘‘(1) the term ‘domain name’ means any alpha13 numeric designation which is registered with or as14 signed by a domain name registrar, domain name 

15 registry, or other domain name registration author16 ity as part of an electronic address on the Internet; 

17 and 

18 ‘‘(2) the term ‘Internet’ has the meaning given 

19 that term in section 230(f)(1) of the Communica20 tions Act of 1034 (47 U.S.C. 230(f)(1)).’’.

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