II 

112TH CONGRESS 

1ST SESSION S. 968 

To prevent online threats to economic creativity and theft of intellectual 

property, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2011 

Mr. LEAHY (for himself, Mr. HATCH, Mr. GRASSLEY, Mr. SCHUMER, Mrs. 

FEINSTEIN, Mr. WHITEHOUSE, Mr. GRAHAM, Mr. KOHL, Mr. COONS, 

Mr. BLUMENTHAL, Ms. KLOBUCHAR, and Mr. FRANKEN) introduced the 

following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To prevent online threats to economic creativity and theft 

of intellectual property, 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 ‘‘Preventing Real Online 

5 Threats to Economic Creativity and Theft of Intellectual 

6 Property Act of 2011’’ or the ‘‘PROTECT IP Act of 

7 2011’’. 

8 SEC. 2. DEFINITIONS. 

9 For purposes of this Act— 

mstockstill on DSK4VPTVN1PROD with BILLS

2 

•S 968 IS

1 (1) the term ‘‘domain name’’ has the same 

2 meaning as in section 45 of the Lanham Act (15 

3 U.S.C. 1127); 

4 (2) the term ‘‘domain name system server’’ 

5 means a server or other mechanism used to provide 

6 the Internet protocol address associated with a do7 main name; 

8 (3) the term ‘‘financial transaction provider’’ 

9 has the same meaning as in section 5362(4) of title 

10 31, United States Code; 

11 (4) the term ‘‘information location tool’’ has the 

12 same meaning as described in subsection (d) of sec13 tion 512 of title 17, United States Code; 

14 (5) the term ‘‘Internet advertising service’’ 

15 means a service that for compensation sells, pur16 chases, brokers, serves, inserts, verifies, or clears the 

17 placement of an advertisement, including a paid or 

18 sponsored search result, link, or placement that is 

19 rendered in viewable form for any period of time on 

20 an Internet site; 

21 (6) the term ‘‘Internet site’’ means the collec22 tion of digital assets, including links, indexes, or 

23 pointers to digital assets, accessible through the 

24 Internet that are addressed relative to a common do25 main name; 

mstockstill on DSK4VPTVN1PROD with BILLS

3 

•S 968 IS

1 (7) the term ‘‘Internet site dedicated to infring2 ing activities’’ means an Internet site that— 

3 (A) has no significant use other than en4 gaging in, enabling, or facilitating the— 

5 (i) reproduction, distribution, or pub6 lic performance of copyrighted works, in 

7 complete or substantially complete form, in 

8 a manner that constitutes copyright in9 fringement under section 501 of title 17, 

10 United States Code; 

11 (ii) violation of section 1201 of title 

12 17, United States Code; or 

13 (iii) sale, distribution, or promotion of 

14 goods, services, or materials bearing a 

15 counterfeit mark, as that term is defined 

16 in section 34(d) of the Lanham Act; or 

17 (B) is designed, operated, or marketed by 

18 its operator or persons operating in concert 

19 with the operator, and facts or circumstances 

20 suggest is used, primarily as a means for en21 gaging in, enabling, or facilitating the activities 

22 described under clauses (i), (ii), or (iii) of sub23 paragraph (A); 

24 (8) the term ‘‘Lanham Act’’ means the Act en25 titled ‘‘An Act to provide for the registration and 

mstockstill on DSK4VPTVN1PROD with BILLS

4 

•S 968 IS

1 protection of trademarks used in commerce, to carry 

2 out the provisions of certain international conven3 tions, and for other purposes’’, approved July 5, 

4 1946 (commonly referred to as the ‘‘Trademark Act 

5 of 1946’’ or the ‘‘Lanham Act’’); 

6 (9) the term ‘‘nondomestic domain name’’ 

7 means a domain name for which the domain name 

8 registry that issued the domain name and operates 

9 the relevant top level domain, and the domain name 

10 registrar for the domain name, are not located in the 

11 United States; 

12 (10) the term ‘‘owner’’ or ‘‘operator’’ when 

13 used in connection with an Internet site shall in14 clude, respectively, any owner of a majority interest 

15 in, or any person with authority to operate, such 

16 Internet site; and 

17 (11) the term ‘‘qualifying plaintiff’’ means— 

18 (A) the Attorney General of the United 

19 States; or 

20 (B) an owner of an intellectual property 

21 right, or one authorized to enforce such right, 

22 harmed by the activities of an Internet site 

23 dedicated to infringing activities occurring on 

24 that Internet site. 

mstockstill on DSK4VPTVN1PROD with BILLS

5 

•S 968 IS

1 SEC. 3. ENHANCING ENFORCEMENT AGAINST ROGUE 

2 WEBSITES OPERATED AND REGISTERED 

3 OVERSEAS. 

4 (a) COMMENCEMENT OF AN ACTION.— 

5 (1) IN PERSONAM.—The Attorney General may 

6 commence an in personam action against— 

7 (A) a registrant of a nondomestic domain 

8 name used by an Internet site dedicated to in9 fringing activities; or 

10 (B) an owner or operator of an Internet 

11 site dedicated to infringing activities accessed 

12 through a nondomestic domain name. 

13 (2) IN REM.—If through due diligence the At14 torney General is unable to find a person described 

15 in subparagraphs (A) or (B) of paragraph (1), or no 

16 such person found has an address within a judicial 

17 district of the United States, the Attorney General 

18 may commence an in rem action against a non19 domestic domain name used by an Internet site dedi20 cated to infringing activities. 

21 (b) ORDERS OF THE COURT.— 

22 (1) IN GENERAL.—On application of the Attor23 ney General following the commencement of an ac24 tion under this section, the court may issue a tem25 porary restraining order, a preliminary injunction, or 

26 an injunction, in accordance with rule 65 of the Fedmstockstill on DSK4VPTVN1PROD with BILLS

6 

•S 968 IS

1 eral Rules of Civil Procedure, against the non2 domestic domain name used by an Internet site dedi3 cated to infringing activities, or against a registrant 

4 of such domain name, or the owner or operator of 

5 such Internet site dedicated to infringing activities, 

6 to cease and desist from undertaking any further ac7 tivity as an Internet site dedicated to infringing ac8 tivities, if— 

9 (A) the domain name is used within the 

10 United States to access such Internet site; and 

11 (B) the Internet site— 

12 (i) conducts business directed to resi13 dents of the United States; and 

14 (ii) harms holders of United States in15 tellectual property rights. 

16 (2) DETERMINATION BY THE COURT.—For pur17 poses of determining whether an Internet site con18 ducts business directed to residents of the United 

19 States under paragraph (1)(B)(i), a court may con20 sider, among other indicia, whether— 

21 (A) the Internet site is providing goods or 

22 services described in section 2(7) to users lo23 cated in the United States; 

24 (B) there is evidence that the Internet site 

25 is not intended to provide— 

mstockstill on DSK4VPTVN1PROD with BILLS

7 

•S 968 IS

1 (i) such goods and services to users 

2 located in the United States; 

3 (ii) access to such goods and services 

4 to users located in the United States; and 

5 (iii) delivery of such goods and serv6 ices to users located in the United States; 

7 (C) the Internet site has reasonable meas8 ures in place to prevent such goods and services 

9 from being accessed from or delivered to the 

10 United States; 

11 (D) the Internet site offers services ob12 tained in the United States; and 

13 (E) any prices for goods and services are 

14 indicated in the currency of the United States. 

15 (c) NOTICE AND SERVICE OF PROCESS.— 

16 (1) IN GENERAL.—Upon commencing an action 

17 under this section, the Attorney General shall send 

18 a notice of the alleged violation and intent to pro19 ceed under this Act to the registrant of the domain 

20 name of the Internet site— 

21 (A) at the postal and e-mail address ap22 pearing in the applicable publicly accessible 

23 database of registrations, if any and to the ex24 tent such addresses are reasonably available; 

mstockstill on DSK4VPTVN1PROD with BILLS

8 

•S 968 IS

1 (B) via the postal and e-mail address of 

2 the registrar, registry, or other domain name 

3 registration authority that registered or as4 signed the domain name, to the extent such ad5 dresses are reasonably available; and 

6 (C) in any other such form as the court 

7 finds necessary, including as may be required 

8 by Rule 4(f) of the Federal Rules of Civil Pro9 cedure. 

10 (2) RULE OF CONSTRUCTION.—For purposes of 

11 this section, the actions described in this subsection 

12 shall constitute service of process. 

13 (d) REQUIRED ACTIONS BASED ON COURT OR14 DERS.— 

15 (1) SERVICE.—A Federal law enforcement offi16 cer, with the prior approval of the court, may serve 

17 a copy of a court order issued pursuant to this sec18 tion on similarly situated entities within each class 

19 described in paragraph (2). Proof of service shall be 

20 filed with the court. 

21 (2) REASONABLE MEASURES.—After being 

22 served with a copy of an order pursuant to this sub23 section: 

24 (A) OPERATORS.— 

mstockstill on DSK4VPTVN1PROD with BILLS

9 

•S 968 IS

1 (i) IN GENERAL.—An operator of a 

2 nonauthoritative domain name system 

3 server shall take the least burdensome 

4 technically feasible and reasonable meas5 ures designed to prevent the domain name 

6 described in the order from resolving to 

7 that domain name’s Internet protocol ad8 dress, except that— 

9 (I) such operator shall not be re10 quired— 

11 (aa) other than as directed 

12 under this subparagraph, to mod13 ify its network, software, sys14 tems, or facilities; 

15 (bb) to take any measures 

16 with respect to domain name 

17 lookups not performed by its own 

18 domain name server or domain 

19 name system servers located out20 side the United States; or 

21 (cc) to continue to prevent 

22 access to a domain name to 

23 which access has been effectively 

24 disable by other means; and 

mstockstill on DSK4VPTVN1PROD with BILLS

10 

•S 968 IS

1 (II) nothing in this subparagraph 

2 shall affect the limitation on the liabil3 ity of such an operator under section 

4 512 of title 17, United States Code. 

5 (ii) TEXT OF NOTICE.—The Attorney 

6 General shall prescribe the text of the no7 tice displayed to users or customers of an 

8 operator taking an action pursuant to this 

9 subparagraph. Such text shall specify that 

10 the action is being taken pursuant to a 

11 court order obtained by the Attorney Gen12 eral. 

13 (B) FINANCIAL TRANSACTION PRO14 VIDERS.—A financial transaction provider shall 

15 take reasonable measures, as expeditiously as 

16 reasonable, designed to prevent, prohibit, or 

17 suspend its service from completing payment 

18 transactions involving customers located within 

19 the United States and the Internet site associ20 ated with the domain name set forth in the 

21 order. 

22 (C) INTERNET ADVERTISING SERVICES.— 

23 An Internet advertising service that contracts 

24 with the Internet site associated with the do25 main name set forth in the order to provide admstockstill on DSK4VPTVN1PROD with BILLS

11 

•S 968 IS

1 vertising to or for that site, or which knowingly 

2 serves advertising to or for such site, shall take 

3 technically feasible and reasonable measures, as 

4 expeditiously as reasonable, designed to— 

5 (i) prevent its service from providing 

6 advertisements to the Internet site associ7 ated with such domain name; or 

8 (ii) cease making available advertise9 ments for that site, or paid or sponsored 

10 search results, links or other placements 

11 that provide access to the domain name. 

12 (D) INFORMATION LOCATION TOOLS.—An 

13 information location tool shall take technically 

14 feasible and reasonable measures, as expedi15 tiously as possible, to— 

16 (i) remove or disable access to the 

17 Internet site associated with the domain 

18 name set forth in the order; or 

19 (ii) not serve a hypertext link to such 

20 Internet site. 

21 (3) COMMUNICATION WITH USERS.—Except as 

22 provided under paragraph (2)(A)(ii), an entity tak23 ing an action described in this subsection shall de24 termine whether and how to communicate such ac25 tion to the entity’s users or customers. 

mstockstill on DSK4VPTVN1PROD with BILLS

12 

•S 968 IS

1 (4) RULE OF CONSTRUCTION.—For purposes of 

2 an action commenced under this section, the obliga3 tions of an entity described in this subsection shall 

4 be limited to the actions set out in each paragraph 

5 or subparagraph applicable to such entity, and no 

6 order issued pursuant to this section shall impose 

7 any additional obligations on, or require additional 

8 actions by, such entity. 

9 (5) ACTIONS PURSUANT TO COURT ORDER.— 

10 (A) IMMUNITY FROM SUIT.—No cause of 

11 action shall lie in any Federal or State court or 

12 administrative agency against any entity receiv13 ing a court order issued under this subsection, 

14 or against any director, officer, employee, or 

15 agent thereof, for any act reasonably designed 

16 to comply with this subsection or reasonably 

17 arising from such order, other than in an action 

18 pursuant to subsection (e). 

19 (B) IMMUNITY FROM LIABILITY.—Any en20 tity receiving an order under this subsection, 

21 and any director, officer, employee, or agent 

22 thereof, shall not be liable to any party for any 

23 acts reasonably designed to comply with this 

24 subsection or reasonably arising from such 

25 order, other than in an action pursuant to submstockstill on DSK4VPTVN1PROD with BILLS

13 

•S 968 IS

1 section (e), and any actions taken by customers 

2 of such entity to circumvent any restriction on 

3 access to the Internet domain instituted pursu4 ant to this subsection or any act, failure, or in5 ability to restrict access to an Internet domain 

6 that is the subject of a court order issued pur7 suant to this subsection despite good faith ef8 forts to do so by such entity shall not be used 

9 by any person in any claim or cause of action 

10 against such entity, other than in an action 

11 pursuant to subsection (e). 

12 (e) ENFORCEMENT OF ORDERS.— 

13 (1) IN GENERAL.—In order to compel compli14 ance with this section, the Attorney General may 

15 bring an action for injunctive relief against any 

16 party receiving a court order issued pursuant to this 

17 section that knowingly and willfully fails to comply 

18 with such order. 

19 (2) RULE OF CONSTRUCTION.—The authority 

20 granted the Attorney General under paragraph (1) 

21 shall be the sole legal remedy for enforcing the obli22 gations under this section of any entity described in 

23 subsection (d). 

24 (3) DEFENSE.—A defendant in an action under 

25 paragraph (1) may establish an affirmative defense 

mstockstill on DSK4VPTVN1PROD with BILLS

14 

•S 968 IS

1 by showing that the defendant does not have the 

2 technical means to comply with the subsection with3 out incurring an unreasonable economic burden, or 

4 that the order is inconsistent with this Act. This 

5 showing shall serve as a defense only to the extent 

6 of such inability to comply or to the extent of such 

7 inconsistency. 

8 (f) MODIFICATION OR VACATION OF ORDERS.— 

9 (1) IN GENERAL.—At any time after the 

10 issuance of an order under subsection (b), a motion 

11 to modify, suspend, or vacate the order may be filed 

12 by— 

13 (A) any person, or owner or operator of 

14 property, bound by the order; 

15 (B) any registrant of the domain name, or 

16 the owner or operator of the Internet site sub17 ject to the order; 

18 (C) any domain name registrar or registry 

19 that has registered or assigned the domain 

20 name of the Internet site subject to the order; 

21 or 

22 (D) any entity that has received a copy of 

23 an order pursuant to subsection (d) requiring 

24 such entity to take action prescribed in that 

25 subsection. 

mstockstill on DSK4VPTVN1PROD with BILLS

15 

•S 968 IS

1 (2) RELIEF.—Relief under this subsection shall 

2 be proper if the court finds that— 

3 (A) the Internet site associated with the 

4 domain name subject to the order is no longer, 

5 or never was, an Internet site dedicated to in6 fringing activities; or 

7 (B) the interests of justice require that the 

8 order be modified, suspended, or vacated. 

9 (3) CONSIDERATION.—In making a relief deter10 mination under paragraph (2), a court may consider 

11 whether the domain name has expired or has been 

12 re-registered by a different party. 

13 (g) RELATED ACTIONS.—The Attorney General, if al14 leging that an Internet site previously adjudicated to be 

15 an Internet site dedicated to infringing activities is acces16 sible or has been reconstituted at a different domain 

17 name, may commence a related action under this section 

18 against the additional domain name in the same judicial 

19 district as the previous action. 

20 SEC. 4. ELIMINATING THE FINANCIAL INCENTIVE TO STEAL 

21 INTELLECTUAL PROPERTY ONLINE. 

22 (a) COMMENCEMENT OF AN ACTION.— 

23 (1) IN PERSONAM.—A qualifying plaintiff may 

24 commence an in personam action against— 

mstockstill on DSK4VPTVN1PROD with BILLS

16 

•S 968 IS

1 (A) a registrant of a domain name used by 

2 an Internet site dedicated to infringing activi3 ties; or 

4 (B) an owner or operator of an Internet 

5 site dedicated to infringing activities accessed 

6 through a domain name. 

7 (2) IN REM.—If through due diligence a quali8 fying plaintiff is unable to find a person described 

9 in subparagraphs (A) or (B) of paragraph (1), or no 

10 such person found has an address within a judicial 

11 district of the United States, the Attorney General 

12 may commence an in rem action against a domain 

13 name used by an Internet site dedicated to infring14 ing activities. 

15 (b) ORDERS OF THE COURT.— 

16 (1) IN GENERAL.—On application of a quali17 fying plaintiff following the commencement of an ac18 tion under this section, the court may issue a tem19 porary restraining order, a preliminary injunction, or 

20 an injunction, in accordance with rule 65 of the Fed21 eral Rules of Civil Procedure, against the domain 

22 name used by an Internet site dedicated to infring23 ing activities, or against a registrant of such domain 

24 name, or the owner or operator of such Internet site 

25 dedicated to infringing activities, to cease and desist 

mstockstill on DSK4VPTVN1PROD with BILLS

17 

•S 968 IS

1 from undertaking any further activity as an Internet 

2 site dedicated to infringing activities, if— 

3 (A) the domain name is registered or as4 signed by a domain name registrar or domain 

5 name registry that located or doing business in 

6 the United States; or 

7 (B)(i) the domain name is used within the 

8 United States to access such Internet site; and 

9 (ii) the Internet site— 

10 (I) conducts business directed to resi11 dents of the United States; and 

12 (II) harms holders of United States 

13 intellectual property rights. 

14 (2) DETERMINATION BY THE COURT.—For pur15 poses of determining whether an Internet site con16 ducts business directed to residents of the United 

17 States under paragraph (1)(B)(ii)(I), a court may 

18 consider, among other indicia, whether— 

19 (A) the Internet site is providing goods or 

20 services described in section 2(7) to users lo21 cated in the United States; 

22 (B) there is evidence that the Internet site 

23 is not intended to provide— 

24 (i) such goods and services to users 

25 located in the United States; 

mstockstill on DSK4VPTVN1PROD with BILLS

18 

•S 968 IS

1 (ii) access to such goods and services 

2 to users located in the United States; and 

3 (iii) delivery of such goods and serv4 ices to users located in the United States; 

5 (C) the Internet site has reasonable meas6 ures in place to prevent such goods and services 

7 from being accessed from or delivered to the 

8 United States; 

9 (D) the Internet site offers services ob10 tained in the United States; and 

11 (E) any prices for goods and services are 

12 indicated in the currency of the United States. 

13 (c) NOTICE AND SERVICE OF PROCESS.— 

14 (1) IN GENERAL.—Upon commencing an action 

15 under this section, the qualifying plaintiff shall send 

16 a notice of the alleged violation and intent to pro17 ceed under this Act to the registrant of the domain 

18 name of the Internet site— 

19 (A) at the postal and e-mail address ap20 pearing in the applicable publicly accessible 

21 database of registrations, if any and to the ex22 tent such addresses are reasonably available; 

23 (B) via the postal and e-mail address of 

24 the registrar, registry, or other domain name 

25 registration authority that registered or asmstockstill on DSK4VPTVN1PROD with BILLS

19 

•S 968 IS

1 signed the domain name, to the extent such ad2 dresses are reasonably available; and 

3 (C) in any other such form as the court 

4 finds necessary, including as may be required 

5 by Rule 4(f) of the Federal Rules of Civil Pro6 cedure. 

7 (2) RULE OF CONSTRUCTION.—For purposes of 

8 this section, the actions described in this subsection 

9 shall constitute service of process. 

10 (d) REQUIRED ACTIONS BASED ON COURT OR11 DERS.— 

12 (1) SERVICE.—A qualifying plaintiff, with the 

13 prior approval of the court, may, serve a copy of a 

14 court order issued pursuant to this section on simi15 larly situated entities within each class described in 

16 paragraph (2). Proof of service shall be filed with 

17 the court. 

18 (2) REASONABLE MEASURES.—After being 

19 served with a copy of an order pursuant to this sub20 section: 

21 (A) FINANCIAL TRANSACTION PRO22 VIDERS.—A financial transaction provider shall 

23 take reasonable measures, as expeditiously as 

24 reasonable, designed to prevent, prohibit, or 

25 suspend its service from completing payment 

mstockstill on DSK4VPTVN1PROD with BILLS

20 

•S 968 IS

1 transactions involving customers located within 

2 the United States and the Internet site associ3 ated with the domain name set forth in the 

4 order. 

5 (B) INTERNET ADVERTISING SERVICES.— 

6 An Internet advertising service that contracts 

7 with the Internet site associated with the do8 main name set forth in the order to provide ad9 vertising to or for that site, or which knowingly 

10 serves advertising to or for such site, shall take 

11 technically feasible and reasonable measures, as 

12 expeditiously as reasonable, designed to— 

13 (i) prevent its service from providing 

14 advertisements to the Internet site associ15 ated with such domain name; or 

16 (ii) cease making available advertise17 ments for that site, or paid or sponsored 

18 search results, links, or placements that 

19 provide access to the domain name. 

20 (3) COMMUNICATION WITH USERS.—An entity 

21 taking an action described in this subsection shall 

22 determine how to communicate such action to the 

23 entity’s users or customers. 

24 (4) RULE OF CONSTRUCTION.—For purposes of 

25 an action commenced under this section, the obligamstockstill on DSK4VPTVN1PROD with BILLS

21 

•S 968 IS

1 tions of an entity described in this subsection shall 

2 be limited to the actions set out in each paragraph 

3 or subparagraph applicable to such entity, and no 

4 order issued pursuant to this section shall impose 

5 any additional obligations on, or require additional 

6 actions by, such entity. 

7 (5) ACTIONS PURSUANT TO COURT ORDER.— 

8 (A) IMMUNITY FROM SUIT.—No cause of 

9 action shall lie in any Federal or State court or 

10 administrative agency against any entity receiv11 ing a court order issued under this subsection, 

12 or against any director, officer, employee, or 

13 agent thereof, for any act reasonably designed 

14 to comply with this subsection or reasonably 

15 arising from such order, other than in an action 

16 pursuant to subsection (e). 

17 (B) IMMUNITY FROM LIABILITY.—Any en18 tity receiving an order under this subsection, 

19 and any director, officer, employee, or agent 

20 thereof, shall not be liable to any party for any 

21 acts reasonably designed to comply with this 

22 subsection or reasonably arising from such 

23 order, other than in an action pursuant to sub24 section (e), and any actions taken by customers 

25 of such entity to circumvent any restriction on 

mstockstill on DSK4VPTVN1PROD with BILLS

22 

•S 968 IS

1 access to the Internet domain instituted pursu2 ant to this subsection or any act, failure, or in3 ability to restrict access to an Internet domain 

4 that is the subject of a court order issued pur5 suant to this subsection despite good faith ef6 forts to do so by such entity shall not be used 

7 by any person in any claim or cause of action 

8 against such entity, other than in an action 

9 pursuant to subsection (e). 

10 (e) ENFORCEMENT OF ORDERS.— 

11 (1) IN GENERAL.—In order to compel compli12 ance with this section, the qualifying plaintiff may 

13 bring an action for injunctive relief against any 

14 party receiving a court order issued pursuant to this 

15 section that knowingly and willfully fails to comply 

16 with such order. 

17 (2) RULE OF CONSTRUCTION.—The authority 

18 granted a qualifying plaintiff under paragraph (1) 

19 shall be the sole legal remedy for enforcing the obli20 gations under this section of any entity described in 

21 subsection (d). 

22 (3) DEFENSE.—A defendant in an action com23 menced under paragraph (1) may establish an af24 firmative defense by showing that the defendant 

25 does not have the technical means to comply with 

mstockstill on DSK4VPTVN1PROD with BILLS

23 

•S 968 IS

1 the subsection without incurring an unreasonable 

2 economic burden, or that the order is inconsistent 

3 with this Act. This showing shall serve as a defense 

4 only to the extent of such inability to comply or to 

5 the extent of such inconsistency. 

6 (f) MODIFICATION OR VACATION OF ORDERS.— 

7 (1) IN GENERAL.—At any time after the 

8 issuance of an order under subsection (b), a motion 

9 to modify, suspend, or vacate the order may be filed 

10 by— 

11 (A) any person, or owner or operator of 

12 property, bound by the order; 

13 (B) any registrant of the domain name, or 

14 the owner or operator of the Internet site sub15 ject to the order; 

16 (C) any domain name registrar or registry 

17 that has registered or assigned the domain 

18 name of the Internet site subject to the order; 

19 or 

20 (D) any entity that has received a copy of 

21 an order pursuant to subsection (d) requiring 

22 such entity to take action prescribed in that 

23 subsection. 

24 (2) RELIEF.—Relief under this subsection shall 

25 be proper if the court finds that— 

mstockstill on DSK4VPTVN1PROD with BILLS

24 

•S 968 IS

1 (A) the Internet site associated with the 

2 domain name subject to the order is no longer, 

3 or never was, dedicated to infringing activities 

4 as defined in this Act; or 

5 (B) the interests of justice require that the 

6 order be modified, suspended, or vacated. 

7 (3) CONSIDERATION.—In making a relief deter8 mination under paragraph (2), a court may consider 

9 whether the domain name has expired or has been 

10 re-registered by a different party. 

11 (g) RELATED ACTIONS.—A qualifying plaintiff, if al12 leging that an Internet site previously adjudicated to be 

13 an Internet site dedicated to infringing activities is acces14 sible or has been reconstituted at a different domain 

15 name, may commence a related action under this section 

16 against the additional domain name in the same judicial 

17 district as the previous action. 

18 SEC. 5. VOLUNTARY ACTION AGAINST WEBSITES STEALING 

19 AMERICAN INTELLECTUAL PROPERTY. 

20 (a) IN GENERAL.—No financial transaction provider 

21 or Internet advertising service shall be liable for damages 

22 to any person for voluntarily taking any action described 

23 in section 3(d) or 4(d) with regard to an Internet site if 

24 the entity acting in good faith and based on credible evimstockstill on DSK4VPTVN1PROD with BILLS

25 

•S 968 IS

1 dence has a reasonable belief that the Internet site is an 

2 Internet site dedicated to infringing activities. 

3 (b) INTERNET SITES ENGAGED IN INFRINGING AC4 TIVITIES THAT ENDANGER THE PUBLIC HEALTH.— 

5 (1) REFUSAL OF SERVICE.—A domain name 

6 registry, domain name registrar, financial trans7 action provider, information location tool, or Inter8 net advertising service, acting in good faith and 

9 based on credible evidence, may stop providing or 

10 refuse to provide services to an infringing Internet 

11 site that endangers the public health. 

12 (2) IMMUNITY FROM LIABILITY.—An entity de13 scribed in paragraph (1), including its directors, offi14 cers, employees, or agents, that ceases or refused to 

15 provide services under paragraph (1) shall not be 

16 liable to any party under any Federal or State law 

17 for such action. 

18 (3) DEFINITIONS.—For purposes of this sub19 section— 

20 (A) the term ‘‘adulterated’’ has the same 

21 meaning as in section 501 of the Federal Food, 

22 Drug, and Cosmetic Act (21 U.S.C. 351); 

23 (B) an ‘‘infringing Internet site that en24 dangers the public health’’ means— 

mstockstill on DSK4VPTVN1PROD with BILLS

26 

•S 968 IS

1 (i) an Internet site dedicated to in2 fringing activities for which the counterfeit 

3 products that it offers, sells, dispenses, or 

4 distributes are controlled or non-controlled 

5 prescription medication; or 

6 (ii) an Internet site that has no sig7 nificant use other than, or is designed, op8 erated, or marketed by its operator or per9 sons operating in concert with the oper10 ator, and facts or circumstances suggest is 

11 used, primarily as a means for— 

12 (I) offering, selling, dispensing, 

13 or distributing any controlled or non14 controlled prescription medication, 

15 and does so regularly without a valid 

16 prescription; or 

17 (II) offering, selling, dispensing, 

18 or distributing any controlled or non19 controlled prescription medication, 

20 and does so regularly for medication 

21 that is adulterated or misbranded; 

22 (C) the term ‘‘misbranded’’ has the same 

23 meaning as in section 502 of the Federal Food, 

24 Drug, and Cosmetic Act (21 U.S.C. 352); and 

mstockstill on DSK4VPTVN1PROD with BILLS

27 

•S 968 IS

1 (D) the term ‘‘valid prescription’’ has the 

2 same meaning as in section 309(e)(2)(A) of the 

3 Controlled Substances Act (21 U.S.C. 

4 829(e)(2)(A)). 

5 SEC. 6. SAVINGS CLAUSES. 

6 (a) RULE OF CONSTRUCTION RELATING TO CIVIL

7 AND CRIMINAL REMEDIES.—Nothing in this Act shall be 

8 construed to limit or expand civil or criminal remedies 

9 available to any person (including the United States) for 

10 infringing activities on the Internet pursuant to any other 

11 Federal or State law. 

12 (b) RULE OF CONSTRUCTION RELATING TO VICARI13 OUS OR CONTRIBUTORY LIABILITY.—Nothing in this Act 

14 shall be construed to enlarge or diminish vicarious or con15 tributory liability for any cause of action available under 

16 title 17, United States Code, including any limitations on 

17 liability under section 512 of such title 17, or to create 

18 an obligation to take action pursuant to section 5 of this 

19 Act. 

20 (c) RELATIONSHIP WITH SECTION 512 OF TITLE

21 17.—Nothing in this Act, and no order issued or served 

22 pursuant to sections 3 or 4 of this Act, shall serve as a 

23 basis for determining the application of section 512 of title 

24 17, United States Code. 

mstockstill on DSK4VPTVN1PROD with BILLS

28 

•S 968 IS

1 SEC. 7. GUIDELINES AND STUDIES. 

2 (a) GUIDELINES.—The Attorney General shall— 

3 (1) publish procedures developed in consultation 

4 with other relevant law enforcement agencies, includ5 ing the United States Immigration and Customs En6 forcement, to receive information from the public 

7 about Internet sites dedicated to infringing activi8 ties; 

9 (2) provide guidance to intellectual property 

10 rights holders about what information such rights 

11 holders should provide law enforcement agencies to 

12 initiate an investigation pursuant to this Act; 

13 (3) provide guidance to intellectual property 

14 rights holders about how to supplement an ongoing 

15 investigation initiated pursuant to this Act; 

16 (4) establish standards for prioritization of ac17 tions brought under this Act; 

18 (5) provide appropriate resources and proce19 dures for case management and development to af20 fect timely disposition of actions brought under this 

21 Act; and 

22 (6) develop a deconfliction process in consulta23 tion with other law enforcement agencies, including 

24 the United States Immigration and Customs En25 forcement, to coordinate enforcement activities 

26 brought under this Act. 

mstockstill on DSK4VPTVN1PROD with BILLS

29 

•S 968 IS

1 (b) REPORTS.— 

2 (1) REPORT ON EFFECTIVENESS OF CERTAIN

3 MEASURES.—Not later than 1 year after the date of 

4 enactment of this Act, the Secretary of Commerce, 

5 in coordination with the Attorney General, the Sec6 retary of Homeland Security, and the Intellectual 

7 Property Enforcement Coordinator, shall conduct a 

8 study and report to the Committee on the Judiciary 

9 of the Senate and the Committee on the Judiciary 

10 of the House of Representatives on the following: 

11 (A) An assessment of the effects, if any, of 

12 the implementation of section 3(d)(2)(A) on the 

13 accessibility of Internet sites dedicated to in14 fringing activity. 

15 (B) An assessment of the effects, if any, of 

16 the implementation of section 3(d)(2)(A) on the 

17 deployment, security, and reliability of the do18 main name system and associated Internet 

19 processes, including Domain Name System Se20 curity Extensions. 

21 (C) Recommendations, if any, for modi22 fying or amending this Act to increase effective23 ness or ameliorate any unintended effects of 

24 section 3(d)(2)(A). 

mstockstill on DSK4VPTVN1PROD with BILLS

30 

•S 968 IS

1 (2) REPORT ON OVERALL EFFECTIVENESS.— 

2 The Register of Copyrights shall, in consultation 

3 with the appropriate departments and agencies of 

4 the United States and other stakeholders— 

5 (A) conduct a study on— 

6 (i) the enforcement and effectiveness 

7 of this Act; and 

8 (ii) the need to modify or amend this 

9 Act to apply to emerging technologies; and 

10 (B) not later than 2 years after the date 

11 of enactment of this Act, submit a report to the 

12 Committee on the Judiciary of the Senate and 

13 the Committee on the Judiciary of the House of 

14 Representatives on— 

15 (i) the results of the study conducted 

16 under subparagraph (A); and 

17 (ii) any recommendations that the 

18 Register may have as a result of the study. 

Æ 

mstockstill on DSK4VPTVN1PROD with BILLS