IB 

Union Calendar No. 310 

108TH CONGRESS 

2D SESSION H. R. 3754 

[Report No. 108–536] 

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 

JUNE 9, 2004 

Additional sponsor: Mr. SESSIONS

JUNE 9, 2004 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 3, 2004] 

A BILL 

To provide additional civil and criminal remedies for domain 

name fraud. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Fraudulent Online Iden3 tity Sanctions Act’’. 

4 SEC. 2. AMENDMENT TO TRADEMARK ACT OF 1946. 

5 Section 35 of the Act entitled ‘‘An Act to provide for 

6 the registration and protection of trademarks used in com7 merce, to carry out the provisions of certain international 

8 conventions, and for other purposes’’, approved July 5, 

9 1946 (commonly referred to as the ‘‘Trademark Act of 

10 1946’’; 15 U.S.C. 1117), is amended by adding at the end 

11 the following new subsection: 

12 ‘‘(e) In the case of a violation referred to in this sec13 tion, it shall be a rebuttable presumption that the violation 

14 is willful for purposes of determining relief if the violator, 

15 or a person acting in concert with the violator, knowingly 

16 provided or knowingly caused to be provided materially 

17 false contact information to a domain name registrar, do18 main name registry, or other domain name registration au19 thority in registering, maintaining, or renewing a domain 

20 name used in connection with the violation. Nothing in this 

21 subsection limits what may be considered a willful violation 

22 under this section.’’. 

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

24 Section 504(c) of title 17, United States Code, is 

25 amended by adding at the end the following new paragraph: 
3 

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1 ‘‘(3)(A) In a case of infringement, it shall be a 

2 rebuttable presumption that the infringement was 

3 committed willfully for purposes of determining relief 

4 if the violator, or a person acting in concert with the 

5 violator, knowingly provided or knowingly caused to 

6 be provided materially false contact information to a 

7 domain name registrar, domain name registry, or 

8 other domain name registration authority in reg9 istering, maintaining, or renewing a domain name 

10 used in connection with the infringement. 

11 ‘‘(B) Nothing in this paragraph limits what 

12 may be considered willful infringement under this 

13 subsection. 

14 ‘‘(C) For purposes of this paragraph, the term 

15 ‘domain name’ has the meaning given that term in 

16 section 45 of the Act entitled ‘An Act to provide for 

17 the registration and protection of trademarks used in 

18 commerce, to carry out the provisions of certain inter19 national conventions, and for other purposes’ ap20 proved July 5, 1946 (commonly referred to as the 

21 ‘Trademark Act of 1946’; 15 U.S.C. 1127).’’. 

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

23 (a) SENTENCING ENHANCEMENT.—Section 3559 of 

24 title 18, United States Code, is amended by adding at the 

25 end the following: 
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1 ‘‘(f)(1) If a defendant being prosecuted for a felony of2 fense (other than offense of which an element is the false 

3 registration of a domain name) knowingly falsely registers 

4 a domain name and knowingly uses that domain name in 

5 the course of that offense, the maximum imprisonment oth6 erwise provided by law for that offense shall be doubled or 

7 increased by 7 years, whichever is less. 

8 ‘‘(2) As used in this section— 

9 ‘‘(A) the term ‘falsely registers’ means registers 

10 in a manner that prevents the effective identification 

11 of or contact with the person who registers; and 

12 ‘‘(B) the term ‘domain name’ has the meaning 

13 given that term is section 45 of the Act entitled ‘An 

14 Act to provide for the registration and protection of 

15 trademarks used in commerce, to carry out the provi16 sions of certain international conventions, and for 

17 other purposes’ approved July 5, 1946 (commonly re18 ferred to as the ‘Trademark Act of 1946’) (15 U.S.C. 

19 1127).’’. 

20 (b) UNITED STATES SENTENCING COMMISSION.— 

21 (1) DIRECTIVE.—Pursuant to its authority 

22 under section 994(p) of title 28, United States Code, 

23 and in accordance with this section, the United States 

24 Sentencing Commission shall review and amend the 

25 sentencing guidelines and policy statements to ensure 
5 

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1 that the applicable guideline range for a defendant 

2 convicted of any felony offense carried out online that 

3 may be facilitated through the use of a domain name 

4 registered with materially false contact information is 

5 sufficiently stringent to deter commission of such acts. 

6 (2) REQUIREMENTS.—In carrying out this sub7 section, the Sentencing Commission shall provide sen8 tencing enhancements for anyone convicted of any fel9 ony offense furthered through knowingly providing or 

10 knowingly causing to be provided materially false 

11 contact information to a domain name registrar, do12 main name registry, or other domain name registra13 tion authority in registering, maintaining, or renew14 ing a domain name used in connection with the vio15 lation. 

16 (3) DEFINITION.—For purposes of this sub17 section, the term ‘‘domain name’’ has the meaning 

18 given that term in section 45 of the Act entitled ‘‘An 

19 Act to provide for the registration and protection of 

20 trademarks used in commerce, to carry out the provi21 sions of certain international conventions, and for 

22 other purposes’’, approved July 5, 1946 (commonly 

23 referred to as the ‘‘Trademark Act of 1946’’; 15 

24 U.S.C. 1127). 
Union Calendar No. 310 

108TH CONGRESS 

2D SESSION H. R. 3754 

[Report No. 108–536] 

A BILL 

To provide additional civil and criminal remedies 

for domain name fraud. 

JUNE 9, 2004 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,