I 

112TH CONGRESS 

1ST SESSION H. R. 3261 

To promote prosperity, creativity, entrepreneurship, and innovation by 

combating the theft of U.S. property, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 26, 2011 

Mr. SMITH of Texas (for himself and Mr. CONYERS, Mr. GOODLATTE, Mr. 

BERMAN, Mr. GRIFFIN of Arkansas, Mr. GALLEGLY, Mr. DEUTCH, Mr. 

CHABOT, Mr. ROSS of Florida, Mrs. BLACKBURN, Mrs. BONO MACK, Mr. 

TERRY, and Mr. SCHIFF) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To promote prosperity, creativity, entrepreneurship, and innovation by combating the theft of U.S. 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Stop Online Piracy Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Savings and severability clauses. 


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TITLE I—COMBATING ONLINE PIRACY 

Sec. 101. Definitions. 

Sec. 102. Action by Attorney General to protect U.S. customers and prevent 

U.S. support of foreign infringing sites. 

Sec. 103. Market-based system to protect U.S. customers and prevent U.S. 

funding of sites dedicated to theft of U.S. property. 

Sec. 104. Immunity for taking voluntary action against sites dedicated to theft 

of U.S. property. 

Sec. 105. Immunity for taking voluntary action against sites that endanger 

public health. 

Sec. 106. Guidelines and study. 

Sec. 107. Denying U.S. capital to notorious foreign infringers. 

TITLE II—ADDITIONAL ENHANCEMENTS TO COMBAT 

INTELLECTUAL PROPERTY THEFT 

Sec. 201. Streaming of copyrighted works in violation of criminal law. 

Sec. 202. Trafficking in inherently dangerous goods or services. 

Sec. 203. Protecting U.S. businesses from foreign and economic espionage. 

Sec. 204. Amendments to sentencing guidelines. 

Sec. 205. Defending intellectual property rights abroad. 

1 SEC. 2. SAVINGS AND SEVERABILITY CLAUSES. 

2 (a) SAVINGS CLAUSES.— 

3 (1) FIRST AMENDMENT.—Nothing in this Act 

4 shall be construed to impose a prior restraint on free 

5 speech or the press protected under the 1st Amend6 ment to the Constitution. 

7 (2) TITLE 17 LIABILITY.—Nothing in title I 

8 shall be construed to enlarge or diminish liability, in9 cluding vicarious or contributory liability, for any 

10 cause of action available under title 17, United 

11 States Code, including any limitations on liability 

12 under such title. 

13 (b) SEVERABILITY.—If any provision of this Act, or 

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1 sions or the application of the provision to other persons 

2 or circumstances shall not be affected thereby. 

3 TITLE I—COMBATING ONLINE 

4 PIRACY 

5 SEC. 101. DEFINITIONS. 

6 In this title: 

7 (1) DOMAIN NAME.—The term ‘‘domain name’’ 

8 has the meaning given that term in section 45 of the 

9 Lanham Act (15 U.S.C. 1127) and includes any 

10 subdomain designation using such domain name as 

11 part of an electronic address on the Internet to iden12 tify a unique online location. 

13 (2) DOMAIN NAME SYSTEM SERVER.—The term 

14 ‘‘domain name system server’’ means a server or 

15 other mechanism used to provide the Internet pro16 tocol address associated with a domain name. 

17 (3) DOMESTIC DOMAIN NAME.—The term ‘‘do18 mestic domain name’’ means a domain name that is 

19 registered or assigned by a domain name registrar, 

20 domain name registry, or other domain name reg21 istration authority, that is located within a judicial 

22 district of the United States. 

23 (4) DOMESTIC INTERNET PROTOCOL AD24 DRESS.—The term ‘‘domestic Internet Protocol ad25 dress’’ means an Internet Protocol address for which 


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1 the corresponding Internet Protocol allocation entity 

2 is located within a judicial district of the United 

3 States. 

4 (5) DOMESTIC INTERNET SITE.—The term ‘‘do5 mestic Internet site’’ means an Internet site for 

6 which the corresponding domain name or, if there is 

7 no domain name, the corresponding Internet Pro8 tocol address, is a domestic domain name or domes9 tic Internet Protocol address. 

10 (6) FOREIGN DOMAIN NAME.—The term ‘‘for11 eign domain name’’ means a domain name that is 

12 not a domestic domain name. 

13 (7) FOREIGN INTERNET PROTOCOL ADDRESS.— 

14 The term ‘‘foreign Internet Protocol address’’ means 

15 an Internet Protocol address that is not a domestic 

16 Internet protocol address. 

17 (8) FOREIGN INTERNET SITE.—The term ‘‘for18 eign Internet site’’ means an Internet site that is 

19 not a domestic Internet site. 

20 (9) INCLUDING.—The term ‘‘including’’ means 

21 including, but not limited to. 

22 (10) INTELLECTUAL PROPERTY ENFORCEMENT

23 COORDINATOR.—The term ‘‘Intellectual Property 

24 Enforcement Coordinator’’ means the Intellectual 

25 Property Enforcement Coordinator appointed under 


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1 section 301 of the Prioritizing Resources and Orga2 nization for Intellectual Property Act of 2008 (15 

3 U.S.C. 8111). 

4 (11) INTERNET.—The term ‘‘Internet’’ has the 

5 meaning given that term in section 5362(5) of title 

6 31, United States Code. 

7 (12) INTERNET ADVERTISING SERVICE.—The 

8 term ‘‘Internet advertising service’’ means a service 

9 that for compensation sells, purchases, brokers, 

10 serves, inserts, verifies, clears, or otherwise facili11 tates the placement of an advertisement, including a 

12 paid or sponsored search result, link, or placement, 

13 that is rendered in viewable form for any period of 

14 time on an Internet site. 

15 (13) INTERNET PROTOCOL.—The term ‘‘Inter16 net Protocol’’ means a protocol used for commu17 nicating data across a packet-switched internetwork 

18 using the Transmission Control Protocol/Internet 

19 Protocol, and includes any predecessor or successor 

20 protocol to such protocol. 

21 (14) INTERNET PROTOCOL ADDRESS.—The 

22 term ‘‘Internet Protocol address’’ means a numerical 

23 label that is assigned to each device that participates 

24 in a computer network that uses the Internet Pro25 tocol for communication. 


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1 (15) INTERNET PROTOCOL ALLOCATION ENTI2 TY.—The term ‘‘Internet Protocol allocation entity’’ 

3 means, with respect to a particular Internet Protocol 

4 address, the entity, local internet registry, or re5 gional internet registry to which the smallest appli6 cable block of Internet Protocol addresses containing 

7 that address is allocated or assigned by a local inter8 net registry, regional internet registry, or other 

9 Internet Protocol address allocation authority, ac10 cording to the applicable publicly available database 

11 of allocations and assignments, if any. 

12 (16) INTERNET SEARCH ENGINE.—The term 

13 ‘‘Internet search engine’’ means a service made 

14 available via the Internet that searches, crawls, cat15 egorizes, or indexes information or Web sites avail16 able elsewhere on the Internet and on the basis of 

17 a user query or selection that consists of terms, con18 cepts, categories, questions, or other data returns to 

19 the user a means, such as a hyperlinked list of Uni20 form Resource Locators, of locating, viewing, or 

21 downloading such information or data available on 

22 the Internet relating to such query or selection. 

23 (17) INTERNET SITE.—The term ‘‘Internet 

24 site’’ means the collection of digital assets, including 

25 links, indexes, or pointers to digital assets, accessible 


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1 through the Internet that are addressed relative to 

2 a common domain name or, if there is no domain 

3 name, a common Internet Protocol address. 

4 (18) LANHAM ACT.—The term ‘‘Lanham Act’’ 

5 means the Act entitled ‘‘An Act to provide for the 

6 registration and protection of trademarks used in 

7 commerce, to carry out the provisions of certain 

8 international conventions, and for other purposes’’, 

9 approved July 5, 1946 (commonly referred to as the 

10 ‘‘Trademark Act of 1946’’ or the ‘‘Lanham Act’’). 

11 (19) NONAUTHORITATIVE DOMAIN NAME SERV12 ER.—The term ‘‘nonauthoritative domain name serv13 er’’ means a server that does not contain complete 

14 copies of domains but uses a cache file that is com15 prised of previous domain name server lookups, for 

16 which the server has received an authoritative re17 sponse in the past. 

18 (20) OWNER; OPERATOR.—The terms ‘‘owner’’ 

19 or ‘‘operator’’, when used in connection with an 

20 Internet site, includes, respectively, any owner of a 

21 majority interest in, or any person with authority to 

22 operate, such Internet site. 

23 (21) PAYMENT NETWORK PROVIDER.— 

24 (A) IN GENERAL.—The term ‘‘payment 

25 network provider’’ means an entity that directly 


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1 or indirectly provides the proprietary services, 

2 infrastructure, and software to effect or facili3 tate a debit, credit, or other payment trans4 action. 

5 (B) RULE OF CONSTRUCTION.—For pur6 poses of this paragraph, a depository institution 

7 (as such term is defined under section 3 of the 

8 Federal Deposit Insurance Act) or credit union 

9 that initiates a payment transaction shall not 

10 be construed to be a payment network provider 

11 based solely on the offering or provision of such 

12 service. 

13 (22) SERVICE PROVIDER.—The term ‘‘service 

14 provider’’ means a service provider as defined in sec15 tion 512(k)(1) of title 17, United States Code, that 

16 operates a nonauthoritative domain name system 

17 server. 

18 (23) U.S.-DIRECTED SITE.—The term ‘‘U.S.-di19 rected site’’ means an Internet site or portion there20 of that is used to conduct business directed to resi21 dents of the United States, or that otherwise dem22 onstrates the existence of minimum contacts suffi23 cient for the exercise of personal jurisdiction over 

24 the owner or operator of the Internet site consistent 


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1 with the Constitution of the United States, based on 

2 relevant evidence that may include whether— 

3 (A) the Internet site is used to provide 

4 goods or services to users located in the United 

5 States; 

6 (B) there is evidence that the Internet site 

7 or portion thereof is intended to offer or pro8 vide— 

9 (i) such goods and services, 

10 (ii) access to such goods and services, 

11 or 

12 (iii) delivery of such goods and serv13 ices, 

14 to users located in the United States; 

15 (C) the Internet site or portion thereof 

16 does not contain reasonable measures to pre17 vent such goods and services from being ob18 tained in or delivered to the United States; and 

19 (D) any prices for goods and services are 

20 indicated or billed in the currency of the United 

21 States. 

22 (24) UNITED STATES.—The term ‘‘United 

23 States’’ includes any commonwealth, possession, or 

24 territory of the United States. 


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1 SEC. 102. ACTION BY ATTORNEY GENERAL TO PROTECT 

2 U.S. CUSTOMERS AND PREVENT U.S. SUP3 PORT OF FOREIGN INFRINGING SITES. 

4 (a) DEFINITION.—For purposes of this section, a for5 eign Internet site or portion thereof is a ‘‘foreign infring6 ing site’’ if— 

7 (1) the Internet site or portion thereof is a 

8 U.S.-directed site and is used by users in the United 

9 States; 

10 (2) the owner or operator of such Internet site 

11 is committing or facilitating the commission of 

12 criminal violations punishable under section 2318, 

13 2319, 2319A, 2319B, or 2320, or chapter 90, of 

14 title 18, United States Code; and 

15 (3) the Internet site would, by reason of acts 

16 described in paragraph (1), be subject to seizure in 

17 the United States in an action brought by the Attor18 ney General if such site were a domestic Internet 

19 site. 

20 (b) ACTION BY THE ATTORNEY GENERAL.— 

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

22 commence an in personam action against— 

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

24 a foreign infringing site; or 

25 (B) an owner or operator of a foreign in26 fringing site. 


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1 (2) IN REM.—If through due diligence the At2 torney General is unable to find a person described 

3 in subparagraph (A) or (B) of paragraph (1), or no 

4 such person found has an address within a judicial 

5 district of the United States, the Attorney General 

6 may commence an in rem action against a foreign 

7 infringing site or the foreign domain name used by 

8 such site. 

9 (3) NOTICE.—Upon commencing an action 

10 under this subsection, the Attorney General shall 

11 send a notice of the alleged violation and intent to 

12 proceed under this section— 

13 (A) to the registrant of the domain name 

14 of the Internet site— 

15 (i) at the postal and electronic mail 

16 addresses appearing in the applicable pub17 licly accessible database of registrations, if 

18 any, and to the extent such addresses are 

19 reasonably available; and 

20 (ii) via the postal and electronic mail 

21 addresses of the registrar, registry, or 

22 other domain name registration authority 

23 that registered or assigned the domain 

24 name of the Internet site, to the extent 

25 such addresses are reasonably available; or 


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1 (B) to the owner or operator of the Inter2 net site— 

3 (i) at the primary postal and elec4 tronic mail addresses for such owner or op5 erator that is provided on the Internet site, 

6 if any, and to the extent such addresses 

7 are reasonably available; or 

8 (ii) if there is no domain name of the 

9 Internet site, via the postal and electronic 

10 mail addresses of the Internet Protocol al11 location entity appearing in the applicable 

12 publicly accessible database of allocations 

13 and assignments, if any, and to the extent 

14 such addresses are reasonably available; or 

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

16 may provide, including as may be required by 

17 rule 4(f) of the Federal Rules of Civil Proce18 dure. 

19 (4) SERVICE OF PROCESS.—For purposes of 

20 this section, the actions described in this subsection 

21 shall constitute service of process. 

22 (5) RELIEF.—On application of the Attorney 

23 General following the commencement of an action 

24 under this section, the court may issue a temporary 

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1 junction, in accordance with rule 65 of the Federal 

2 Rules of Civil Procedure, against a registrant of a 

3 domain name used by the foreign infringing site or 

4 an owner or operator of the foreign infringing site 

5 or, in an action brought in rem under paragraph 

6 (2), against the foreign infringing site or a portion 

7 of such site, or the domain name used by such site, 

8 to cease and desist from undertaking any further ac9 tivity as a foreign infringing site. 

10 (c) ACTIONS BASED ON COURT ORDERS.— 

11 (1) SERVICE.—A process server on behalf of 

12 the Attorney General, with prior approval of the 

13 court, may serve a copy of a court order issued pur14 suant to this section on similarly situated entities 

15 within each class described in paragraph (2). Proof 

16 of service shall be filed with the court. 

17 (2) REASONABLE MEASURES.—After being 

18 served with a copy of an order pursuant to this sub19 section, the following shall apply: 

20 (A) SERVICE PROVIDERS.— 

21 (i) IN GENERAL.—A service provider 

22 shall take technically feasible and reason23 able measures designed to prevent access 

24 by its subscribers located within the 

25 United States to the foreign infringing site 


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1 (or portion thereof) that is subject to the 

2 order, including measures designed to pre3 vent the domain name of the foreign in4 fringing site (or portion thereof) from re5 solving to that domain name’s Internet 

6 Protocol address. Such actions shall be 

7 taken as expeditiously as possible, but in 

8 any case within 5 days after being served 

9 with a copy of the order, or within such 

10 time as the court may order. 

11 (ii) LIMITATIONS.—A service provider 

12 shall not be required— 

13 (I) other than as directed under 

14 this subparagraph, to modify its net15 work, software, systems, or facilities; 

16 (II) to take any measures with 

17 respect to domain name resolutions 

18 not performed by its own domain 

19 name server; or 

20 (III) to continue to prevent ac21 cess to a domain name to which ac22 cess has been effectively disabled by 

23 other means. 

24 (iii) CONSTRUCTION.—Nothing in this 

25 subparagraph shall affect the limitation on 


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1 the liability of a service provider under sec2 tion 512 of title 17, United States Code. 

3 (iv) TEXT OF NOTICE.—The Attorney 

4 General shall prescribe the text of any no5 tice displayed to users or customers of a 

6 service provider taking actions pursuant to 

7 this subparagraph. Such text shall state 

8 that an action is being taken pursuant to 

9 a court order obtained by the Attorney 

10 General. 

11 (B) INTERNET SEARCH ENGINES.—A pro12 vider of an Internet search engine shall take 

13 technically feasible and reasonable measures, as 

14 expeditiously as possible, but in any case within 

15 5 days after being served with a copy of the 

16 order, or within such time as the court may 

17 order, designed to prevent the foreign infringing 

18 site that is subject to the order, or a portion of 

19 such site specified in the order, from being 

20 served as a direct hypertext link. 

21 (C) PAYMENT NETWORK PROVIDERS.— 

22 (i) PREVENTING AFFILIATION.—A 

23 payment network provider shall take tech24 nically feasible and reasonable measures, 

25 as expeditiously as possible, but in any 


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1 case within 5 days after being served with 

2 a copy of the order, or within such time as 

3 the court may order, designed to prevent, 

4 prohibit, or suspend its service from com5 pleting payment transactions involving cus6 tomers located within the United States or 

7 subject to the jurisdiction of the United 

8 States and the payment account— 

9 (I) which is used by the foreign 

10 infringing site, or portion thereof, that 

11 is subject to the order; and 

12 (II) through which the payment 

13 network provider would complete such 

14 payment transactions. 

15 (ii) NO DUTY TO MONITOR.—A pay16 ment network provider shall be considered 

17 to be in compliance with clause (i) if it 

18 takes action described in that clause with 

19 respect to accounts it has as of the date on 

20 which a copy of the order is served, or as 

21 of the date on which the order is amended 

22 under subsection (e). 

23 (D) INTERNET ADVERTISING SERVICES.— 

24 (i) REQUIRED ACTIONS.—An Internet 

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1 vide advertising to or for the foreign in2 fringing site, or portion thereof, that is 

3 subject to the order, or that knowingly 

4 serves advertising to or for such site or 

5 such portion thereof, shall take technically 

6 feasible and reasonable measures, as expe7 ditiously as possible, but in any case within 

8 5 days after being served with a copy of 

9 the order, or within such time as the court 

10 may order, designed to— 

11 (I) prevent its service from pro12 viding advertisements to or relating to 

13 the foreign infringing site that is sub14 ject to the order or a portion of such 

15 site specified in the order; 

16 (II) cease making available ad17 vertisements for the foreign infringing 

18 site or such portion thereof, or paid or 

19 sponsored search results, links, or 

20 other placements that provide access 

21 to such foreign infringing site or such 

22 portion thereof; and 

23 (III) cease providing or receiving 

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1 tion with such foreign infringing site 

2 or such portion thereof. 

3 (ii) NO DUTY TO MONITOR.—An inter4 net advertising service shall be considered 

5 to be in compliance with clause (i) if it 

6 takes action described in that clause with 

7 respect to accounts it has as of the date on 

8 which a copy of the order is served, or as 

9 of the date on which the order is amended 

10 under subsection (e). 

11 (3) COMMUNICATION WITH USERS.—Except as 

12 provided under paragraph (2)(A)(iv), an entity tak13 ing an action described in this subsection shall de14 termine the means to communicate such action to 

15 the entity’s users or customers. 

16 (4) ENFORCEMENT OF ORDERS.— 

17 (A) IN GENERAL.—To ensure compliance 

18 with orders issued pursuant to this section, the 

19 Attorney General may bring an action for in20 junctive relief— 

21 (i) against any entity served under 

22 paragraph (1) that knowingly and willfully 

23 fails to comply with the requirements of 

24 this subsection to compel such entity to 

25 comply with such requirements; or 


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1 (ii) against any entity that knowingly 

2 and willfully provides or offers to provide 

3 a product or service designed or marketed 

4 for the circumvention or bypassing of 

5 measures described in paragraph (2) and 

6 taken in response to a court order issued 

7 pursuant to this subsection, to enjoin such 

8 entity from interfering with the order by 

9 continuing to provide or offer to provide 

10 such product or service. 

11 (B) RULE OF CONSTRUCTION.—The au12 thority granted the Attorney General under 

13 subparagraph (A)(i) shall be the sole legal rem14 edy to enforce the obligations under this section 

15 of any entity described in paragraph (2). 

16 (C) DEFENSE.—A defendant in an action 

17 under subparagraph (A)(i) may establish an af18 firmative defense by showing that the defendant 

19 does not have the technical means to comply 

20 with this subsection without incurring an un21 reasonable economic burden, or that the order 

22 is not authorized by this subsection. Such show23 ing shall not be presumed to be a complete de24 fense but shall serve as a defense only for those 

25 measures for which a technical limitation on 


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1 compliance is demonstrated or for such portions 

2 of the order as are demonstrated to be unau3 thorized by this subsection. 

4 (D) DEFINITION.—For purposes of this 

5 paragraph, a product or service designed or 

6 marketed for the circumvention or bypassing of 

7 measures described in paragraph (2) and taken 

8 in response to a court order issued pursuant to 

9 this subsection includes a product or service 

10 that is designed or marketed to enable a do11 main name described in such an order— 

12 (i) to resolve to that domain name’s 

13 Internet protocol address notwithstanding 

14 the measures taken by a service provider 

15 under paragraph (2) to prevent such reso16 lution; or 

17 (ii) to resolve to a different domain 

18 name or Internet Protocol address that the 

19 provider of the product or service knows, 

20 reasonably should know, or reasonably be21 lieves is used by an Internet site offering 

22 substantially similar infringing activities as 

23 those with which the infringing foreign 

24 site, or portion thereof, subject to a court 

25 order under this section was associated. 


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1 (5) IMMUNITY.— 

2 (A) IMMUNITY FROM SUIT.—Other than in 

3 an action pursuant to paragraph (4), no cause 

4 of action shall lie in any Federal or State court 

5 or administrative agency against any entity 

6 served with a copy of a court order issued 

7 under this subsection, or against any director, 

8 officer, employee, or agent thereof, for any act 

9 reasonably designed to comply with this sub10 section or reasonably arising from such order. 

11 (B) IMMUNITY FROM LIABILITY.—Other 

12 than in an action pursuant to paragraph (4)— 

13 (i) any entity served with a copy of an 

14 order under this subsection, and any direc15 tor, officer, employee, or agent thereof, 

16 shall not be liable for any act reasonably 

17 designed to comply with this subsection or 

18 reasonably arising from such order; and 

19 (ii) any— 

20 (I) actions taken by customers of 

21 such entity to circumvent any restric22 tion on access to the foreign infring23 ing site, or portion thereof, that is 

24 subject to such order, that is insti25 tuted pursuant to this subsection, or 


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1 (II) act, failure, or inability to re2 strict access to a foreign infringing 

3 site, or portion thereof, that is subject 

4 to such order, in spite of good faith 

5 efforts to comply with such order by 

6 such entity, 

7 shall not be used by any person in any 

8 claim or cause of action against such enti9 ty. 

10 (d) MODIFICATION OR VACATION OF ORDERS.— 

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

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

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

14 by— 

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

16 property, that is subject to the order; 

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

18 the owner or operator, of the Internet site that 

19 is subject to the order; 

20 (C) any domain name registrar, registry, 

21 or other domain name registration authority 

22 that has registered or assigned the domain 

23 name of the Internet site that is subject to the 

24 order; or 


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1 (D) any entity that has been served with 

2 a copy of an order pursuant to subsection (c) 

3 that requires such entity to take action pre4 scribed in that subsection. 

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

6 be proper if the court finds that— 

7 (A) the foreign Internet site subject to the 

8 order is no longer, or never was, a foreign in9 fringing site; or 

10 (B) the interests of justice otherwise re11 quire that the order be modified, suspended, or 

12 vacated. 

13 (3) CONSIDERATION.—In making a relief deter14 mination under paragraph (2), a court may consider 

15 whether the domain name of the foreign Internet 

16 site has expired or has been re-registered by an enti17 ty other than the entity that is subject to the order 

18 with respect to which the motion under paragraph 

19 (1) is brought. 

20 (4) INTERVENTION.—An entity required to take 

21 action pursuant to subsection (c) if an order issues 

22 under subsection (b) may intervene at any time in 

23 any action commenced under subsection (b) that 

24 may result in such order, or in any action to modify, 

25 suspend, or vacate such order under this subsection. 


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1 (e) AMENDED ORDERS.—The Attorney General, if al2 leging that a foreign Internet site previously adjudicated 

3 in an action under this section to be a foreign infringing 

4 site is accessible or has been reconstituted at a different 

5 domain name or Internet Protocol address, may petition 

6 the court to amend the order issued under this section 

7 accordingly. 

8 (f) LAW ENFORCEMENT COORDINATION.— 

9 (1) IN GENERAL.—The Attorney General shall 

10 inform the Intellectual Property Enforcement Coor11 dinator and the heads of appropriate law enforce12 ment agencies of all court orders issued under sub13 section (b), and all amended orders issued under 

14 subsection (e), regarding foreign infringing sites. 

15 (2) ALTERATIONS.—The Attorney General 

16 shall, and the defendant may, inform the Intellectual 

17 Property Enforcement Coordinator of the modifica18 tion, suspension, expiration, or vacation of a court 

19 order issued under subsection (b) or an amended 

20 order issued under subsection (e). 

21 SEC. 103. MARKET-BASED SYSTEM TO PROTECT U.S. CUS22 TOMERS AND PREVENT U.S. FUNDING OF 

23 SITES DEDICATED TO THEFT OF U.S. PROP24 ERTY. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) DEDICATED TO THEFT OF U.S. PROP2 ERTY.—An ‘‘Internet site is dedicated to theft of 

3 U.S. property’’ if— 

4 (A) it is an Internet site, or a portion 

5 thereof, that is a U.S.-directed site and is used 

6 by users within the United States; and 

7 (B) either— 

8 (i) the U.S.-directed site is primarily 

9 designed or operated for the purpose of, 

10 has only limited purpose or use other than, 

11 or is marketed by its operator or another 

12 acting in concert with that operator for use 

13 in, offering goods or services in a manner 

14 that engages in, enables, or facilitates— 

15 (I) a violation of section 501 of 

16 title 17, United States Code; 

17 (II) a violation of section 1201 of 

18 title 17, United States Code; or 

19 (III) the sale, distribution, or 

20 promotion of goods, services, or mate21 rials bearing a counterfeit mark, as 

22 that term is defined in section 34(d) 

23 of the Lanham Act or section 2320 of 

24 title 18, United States Code; or 


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1 (ii) the operator of the U.S.-directed 

2 site— 

3 (I) is taking, or has taken, delib4 erate actions to avoid confirming a 

5 high probability of the use of the 

6 U.S.-directed site to carry out acts 

7 that constitute a violation of section 

8 501 or 1201 of title 17, United States 

9 Code; or 

10 (II) operates the U.S.-directed 

11 site with the object of promoting, or 

12 has promoted, its use to carry out 

13 acts that constitute a violation of sec14 tion 501 or 1201 of title 17, United 

15 States Code, as shown by clear ex16 pression or other affirmative steps 

17 taken to foster infringement. 

18 (2) QUALIFYING PLAINTIFF.—The term ‘‘quali19 fying plaintiff’’ means, with respect to a particular 

20 Internet site or portion thereof, a holder of an intel21 lectual property right harmed by the activities de22 scribed in paragraph (1) occurring on that Internet 

23 site or portion thereof. 

24 (b) DENYING U.S. FINANCIAL SUPPORT OF SITES

25 DEDICATED TO THEFT OF U.S. PROPERTY.— 


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1 (1) PAYMENT NETWORK PROVIDERS.—Except 

2 in the case of an effective counter notification pursu3 ant to paragraph (5), a payment network provider 

4 shall take technically feasible and reasonable meas5 ures, as expeditiously as possible, but in any case 

6 within 5 days after delivery of a notification under 

7 paragraph (4), that are designed to prevent, pro8 hibit, or suspend its service from completing pay9 ment transactions involving customers located within 

10 the United States and the Internet site, or portion 

11 thereof, that is specified in the notification under 

12 paragraph (4). 

13 (2) INTERNET ADVERTISING SERVICES.—Ex14 cept in the case of an effective counter notification 

15 pursuant to paragraph (5), an Internet advertising 

16 service that contracts with the operator of an Inter17 net site, or portion thereof, that is specified in a no18 tification delivered under paragraph (4), to provide 

19 advertising to or for such site or portion thereof, or 

20 that knowingly serves advertising to or for such site 

21 or portion thereof, shall take technically feasible and 

22 reasonable measures, as expeditiously as possible, 

23 but in any case within 5 days after delivery the noti24 fication under paragraph (4), that are designed to— 


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1 (A) prevent its service from providing ad2 vertisements to or relating to the Internet site, 

3 or portion thereof, that is specified in the notifi4 cation; 

5 (B) cease making available advertisements 

6 for such Internet site, or portion thereof, that 

7 is specified in the notification, or paid or spon8 sored search results, links, or other placements 

9 that provide access to such Internet site, or 

10 portion thereof, that is specified in the notifica11 tion; and 

12 (C) cease providing or receiving any com13 pensation for advertising or related services to, 

14 from, or in connection with such Internet site, 

15 or portion thereof, that is specified in the notifi16 cation. 

17 (3) DESIGNATED AGENT.— 

18 (A) IN GENERAL.—Each payment network 

19 provider and each Internet advertising service 

20 shall designate an agent to receive notifications 

21 described in paragraph (4), by making available 

22 through its service, including on its Web site in 

23 a location accessible to the public, and by pro24 viding to the Copyright Office, substantially the 

25 following: 


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1 (i) The name, address, phone number, 

2 and electronic mail address of the agent. 

3 (ii) Other contact information that the 

4 Register of Copyrights considers appro5 priate. 

6 (B) DIRECTORY OF AGENTS.—The Reg7 ister of Copyrights shall maintain and make 

8 available to the public for inspection, including 

9 through the Internet, in electronic format, a 

10 current directory of agents designated under 

11 subparagraph (A). 

12 (4) NOTIFICATION REGARDING INTERNET SITES

13 DEDICATED TO THEFT OF U.S. PROPERTY.— 

14 (A) REQUIREMENTS.—Subject to subpara15 graph (B), a notification under this paragraph 

16 is effective only if it is a written communication 

17 that is provided to the designated agent of a 

18 payment network provider or an Internet adver19 tising service and includes substantially the fol20 lowing: 

21 (i) A physical or electronic signature 

22 of a person authorized to act on behalf of 

23 the holder of an intellectual property right 

24 harmed by the activities described in sub25 section (a)(1). 


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1 (ii) Identification of the Internet site, 

2 or portion thereof, dedicated to theft of 

3 U.S. property, including either the domain 

4 name or Internet Protocol address of such 

5 site, or both. 

6 (iii) Identification of the specific facts 

7 to support the claim that the Internet site, 

8 or portion thereof, is dedicated to theft of 

9 U.S. property and to clearly show that im10 mediate and irreparable injury, loss, or 

11 damage will result to the holder of the in12 tellectual property right harmed by the ac13 tivities described in subsection (a)(1) in 

14 the absence of timely action by the pay15 ment network provider or Internet adver16 tising service. 

17 (iv) Information reasonably sufficient 

18 to establish that the payment network pro19 vider or Internet advertising service is pro20 viding payment processing or Internet ad21 vertising services for such site. 

22 (v) Information reasonably sufficient 

23 to permit the payment network provider or 

24 Internet advertising service to contact the 

25 holder of the intellectual property right 


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1 harmed by the activities described in sub2 section (a)(1). 

3 (vi) A statement that the holder of the 

4 intellectual property right has a good faith 

5 belief that the use of the owner’s works or 

6 goods in which the right exists, in the 

7 manner described in the notification, is not 

8 authorized by the holder, its agent, or law. 

9 (vii) A statement that the information 

10 in the notification is accurate, and, under 

11 penalty of perjury, that the signatory is 

12 authorized to act on behalf of the holder of 

13 the intellectual property right harmed by 

14 the activities described in subsection 

15 (a)(1). 

16 (viii) Identification of the evidence in17 dicating that the site (or portion thereof) 

18 is a U.S.-directed site. 

19 (B) SERVICE IF NO AGENT DESIGNATED.— 

20 If a payment network provider or Internet ad21 vertising service has not designated an agent 

22 under paragraph (3), the notification under 

23 subparagraph (A) may be provided to any offi24 cer or legal representative of such provider or 

25 service. 


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1 (C) NOTICE TO INTERNET SITE IDENTI2 FIED IN NOTIFICATION.—Upon receipt of an ef3 fective notification under this paragraph, a pay4 ment network provider or Internet advertising 

5 service shall take appropriate steps to ensure 

6 timely delivery of the notification to the Inter7 net site identified in the notification. 

8 (5) COUNTER NOTIFICATION.— 

9 (A) REQUIREMENTS.—Subject to subpara10 graph (B), a counter notification is effective 

11 under this paragraph only if it is a written com12 munication that is provided to the designated 

13 agent of a payment network provider or an 

14 Internet advertising service and includes sub15 stantially the following: 

16 (i) A physical or electronic signature 

17 of the owner or operator of the Internet 

18 site, or portion thereof, specified in a noti19 fication under paragraph (4) subject to 

20 which action is to be taken by the payment 

21 network provider or Internet advertising 

22 service under paragraph (1) or (2), or of 

23 the registrant of the domain name used by 

24 such site or portion thereof. 


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1 (ii) In the case of an Internet site 

2 specified in the notification under para3 graph (4) that is a foreign Internet site, a 

4 statement that the owner or operator, or 

5 registrant, consents to the jurisdiction of 

6 the courts of the United States, and will 

7 accept service of process from the person 

8 who provided notification under paragraph 

9 (4), or an agent of such person, for pur10 poses of adjudicating whether the site is an 

11 Internet site dedicated to theft of U.S. 

12 property under this section. 

13 (iii) A statement under penalty of per14 jury that the owner or operator, or reg15 istrant, has a good faith belief that it does 

16 not meet the criteria of an Internet site 

17 dedicated to theft of U.S. property as set 

18 forth under this section. 

19 (iv) The name, address, email ad20 dress, and telephone number of the owner, 

21 operator, or registrant. 

22 (B) SERVICE IF NO AGENT DESIGNATED.— 

23 If a payment network provider or Internet ad24 vertising service has not designated an agent 

25 under paragraph (3), the counter notification 


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1 under subparagraph (A) may be provided to 

2 any officer or legal representative of such pro3 vider or service. 

4 (6) MISREPRESENTATIONS.—Any provider of a 

5 notification or counter notification who knowingly 

6 materially misrepresents under this section— 

7 (A) that a site is an Internet site dedicated 

8 to the theft of U.S. property, or 

9 (B) that such site does not meet the cri10 teria of an Internet site dedicated to the theft 

11 of U.S. property, 

12 shall be liable for damages, including costs and at13 torneys’ fees, incurred by the person injured by such 

14 misrepresentation as a result of the misrepresenta15 tion. 

16 (c) LIMITED INJUNCTIVE RELIEF IN CASES OF

17 COUNTER NOTIFICATION.— 

18 (1) IN PERSONAM.—If an effective counter noti19 fication is made under subsection (b)(5), or if a pay20 ment network provider fails to comply with sub21 section (b)(1), or an Internet advertising service fails 

22 to comply with subsection (b)(2), pursuant to a noti23 fication under subsection (b)(4) in the absence of 

24 such a counter notification, a qualifying plaintiff 

25 may commence an in personam action against— 


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

2 the Internet site, or portion thereof, that is sub3 ject to the notification under subsection (b)(4); 

4 or 

5 (B) an owner or operator of the Internet 

6 site or portion thereof. 

7 (2) IN REM.—If through due diligence a quali8 fying plaintiff who is authorized to bring an in per9 sonam action under paragraph (1) with respect to 

10 an Internet site dedicated to theft of U.S. property 

11 is unable to find a person described in subpara12 graphs (A) or (B) of paragraph (1), or no such per13 son found has an address within a judicial district 

14 of the United States, the qualifying plaintiff may 

15 commence an in rem action against that Internet 

16 site or the domain name used by such site. 

17 (3) NOTICE.—Upon commencing an action 

18 under this subsection, the qualifying plaintiff shall 

19 send a notice of the alleged activity described in sub20 section (a)(1) and intent to proceed under this sub21 section— 

22 (A) to the registrant of the domain name 

23 of the Internet site, or portion thereof, that is 

24 the subject to the notification under subsection 

25 (b)(4)— 


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1 (i) at the postal and electronic mail 

2 addresses appearing in the applicable pub3 licly accessible database of registrations, if 

4 any, and to the extent such addresses are 

5 reasonably available; and 

6 (ii) via the postal and electronic mail 

7 addresses of the registrar, registry, or 

8 other domain name registration authority 

9 that registered or assigned the domain 

10 name of the Internet site, or portion there11 of, to the extent such addresses are reason12 ably available; 

13 (B) to the owner or operator of the Inter14 net site, or portion thereof— 

15 (i) at the primary postal and elec16 tronic mail addresses for such owner or op17 erator that are provided on the Internet 

18 site, or portion thereof, if any, and to the 

19 extent such addresses are reasonably avail20 able; or 

21 (ii) if there is no domain name of the 

22 Internet site or portion thereof, via the 

23 postal and electronic mail addresses of the 

24 Internet Protocol allocation entity appear25 ing in the applicable publicly accessible 


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1 database of allocations and assignments, if 

2 any, and to the extent such addresses are 

3 reasonably available; or 

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

5 may prescribe, including as may be required by 

6 rule 4(f) of the Federal Rules of Civil Proce7 dure. 

8 (4) SERVICE OF PROCESS.—For purposes of 

9 this section, the actions described in this subsection 

10 shall constitute service of process. 

11 (5) RELIEF.—On application of a qualifying 

12 plaintiff following the commencement of an action 

13 under this section with respect to an Internet site 

14 dedicated to theft of U.S. property, the court may 

15 issue a temporary restraining order, a preliminary 

16 injunction, or an injunction, in accordance with rule 

17 65 of the Federal Rules of Civil Procedure, against 

18 a registrant of a domain name used by the Internet 

19 site, or against an owner or operator of the Internet 

20 site, or, in an action brought in rem under para21 graph (2), against the Internet site, or against the 

22 domain name used by the Internet site, to cease and 

23 desist from undertaking any further activity as an 

24 Internet site dedicated to theft of U.S. property. 

25 (d) ACTIONS BASED ON COURT ORDERS.— 


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1 (1) SERVICE AND RESPONSE.— 

2 (A) SERVICE BY QUALIFYING PLAIN3 TIFF.—A qualifying plaintiff, with the prior ap4 proval of the court, may serve a copy of a court 

5 order issued under subsection (c) on similarly 

6 situated entities described in paragraph (2). 

7 Proof of service shall be filed with the court. 

8 (B) RESPONSE.—An entity served under 

9 subparagraph (A) shall, not later than 7 days 

10 after the date of such service, file with the 

11 court a certification acknowledging receipt of a 

12 copy of the order and stating that such entity 

13 has complied or will comply with the obligations 

14 imposed under paragraph (2), or explaining 

15 why the entity will not so comply. 

16 (C) VENUE FOR SERVICE.—A copy of the 

17 court order may be served in any judicial dis18 trict where an entity resides or may be found. 

19 (2) REASONABLE MEASURES.—After being 

20 served with a copy of an order pursuant to this sub21 section, the following shall apply: 

22 (A) PAYMENT NETWORK PROVIDERS.— 

23 (i) PREVENTING AFFILIATION.—A 

24 payment network provider shall take tech25 nically feasible and reasonable measures, 


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1 as expeditiously as possible, but in any 

2 case within 5 days after being served with 

3 a copy of the court order, or within such 

4 time as the court may order, that are de5 signed to prevent, prohibit, or suspend its 

6 service from completing payment trans7 actions involving customers located within 

8 the United States or subject to the juris9 diction of the United States and any ac10 count— 

11 (I) which is used by the Internet 

12 site dedicated to theft of U.S. prop13 erty that is subject to the order; and 

14 (II) through which the payment 

15 network provider would complete such 

16 payment transactions. 

17 (ii) NO DUTY TO MONITOR.—A pay18 ment network provider is in compliance 

19 with clause (i) if it takes action described 

20 in that clause with respect to accounts it 

21 has as of the date of service of the order, 

22 or as of the date of any subsequent notice 

23 that its service is being used to complete 

24 payment transactions described in clause 

25 (i). 


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1 (B) INTERNET ADVERTISING SERVICES.— 

2 (i) REQUIRED ACTIONS.—An Internet 

3 advertising service that contracts with the 

4 Internet site dedicated to theft of U.S. 

5 property that is subject to the order to 

6 provide advertising to or for such Internet 

7 site, or that knowingly serves advertising 

8 to or for such internet site, shall take tech9 nically feasible and reasonable measures, 

10 as expeditiously as possible, but in any 

11 case within 5 days after being served with 

12 a copy of the order, or within such time as 

13 the court may order, that are designed 

14 to— 

15 (I) prevent its service from pro16 viding advertisements to or relating to 

17 the Internet site; 

18 (II) cease making available ad19 vertisements for the Internet site, or 

20 paid or sponsored search results, 

21 links, or other placements that pro22 vide access to the Internet site; and 

23 (III) cease providing or receiving 

24 any compensation for advertising or 


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1 related services to, from, or in connec2 tion with the Internet site. 

3 (ii) NO DUTY TO MONITOR.—An inter4 net advertising service is in compliance 

5 with clause (i) if it takes action described 

6 in that clause with respect to accounts it 

7 has as of the date on which a copy of the 

8 order is served, or as of the date of any 

9 subsequent notice that its service is being 

10 used for activities described in clause (i). 

11 (3) COMMUNICATION WITH USERS.—An entity 

12 taking an action described in this subsection shall 

13 determine the means to communicate such action to 

14 the entity’s users or customers. 

15 (4) ENFORCEMENT OF ORDERS.— 

16 (A) RULE OF CONSTRUCTION.—The au17 thority under this subsection shall be the sole 

18 legal remedy to enforce the obligations of any 

19 entity under this subsection. 

20 (B) PROCEDURES AND RELIEF.— 

21 (i) SHOW CAUSE ORDER.—On a show22 ing by the qualifying plaintiff of probable 

23 cause to believe that an entity served with 

24 a copy of a court order issued under sub25 section (c) has not complied with its obliVerDate Mar 15 2010 21:23 Oct 27, 2011 Jkt 019200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H3261.IH H3261

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1 gations under this subsection by reason of 

2 such court order, the court shall require 

3 the entity to show cause why an order 

4 should not issue— 

5 (I) to require compliance with the 

6 obligations of this subsection; and 

7 (II) to impose an appropriate 

8 monetary sanction, consistent with the 

9 court’s exercise of its equitable au10 thority, to enforce compliance with its 

11 lawful orders, if the entity— 

12 (aa) has knowingly and will13 fully failed to file a certification 

14 required by paragraph (1)(B); 

15 (bb) has filed such a certifi16 cation agreeing to comply but 

17 has knowingly and willfully failed 

18 to do so; or 

19 (cc) has knowingly and will20 fully certified falsely that compli21 ance with the requirements of 

22 paragraph (2) is not required by 

23 law. 

24 (ii) SERVICE OF PROCESS.—The order 

25 to show cause, and any other process, may 


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1 be served in any judicial district where the 

2 entity resides or may be found. 

3 (C) DEFENSE.—An entity against whom 

4 relief is sought under subparagraph (B) may 

5 establish an affirmative defense by showing that 

6 the entity does not have the technical means to 

7 comply with this subsection without incurring 

8 an unreasonable economic burden, or that the 

9 order is not authorized by this subsection. Such 

10 showing shall not be presumed to be a complete 

11 defense but shall serve as a defense only for 

12 those measures for which a technical limitation 

13 on compliance is demonstrated or for such por14 tions of the order as are demonstrated to be un15 authorized by this subsection. 

16 (5) IMMUNITY.— 

17 (A) IMMUNITY FROM SUIT.—Other than in 

18 an action pursuant to paragraph (4), no cause 

19 of action shall lie in any Federal or State court 

20 or administrative agency against any entity 

21 served with a copy of a court order issued 

22 under subsection (c), or against any director, 

23 officer, employee, or agent thereof, for any act 

24 reasonably designed to comply with this sub25 section or reasonably arising from such order. 


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1 (B) IMMUNITY FROM LIABILITY.—Other 

2 than in an action pursuant to paragraph (4)— 

3 (i) any entity served with a copy of an 

4 order under this subsection, and any direc5 tor, officer, employee, or agent thereof, 

6 shall not be liable for any acts reasonably 

7 designed to comply with this subsection or 

8 reasonably arising from such order; and 

9 (ii) any— 

10 (I) actions taken by customers of 

11 such entity to circumvent any restric12 tion on access to the Internet site, or 

13 portion thereof that is subject to such 

14 order, that is instituted pursuant to 

15 this subsection, or 

16 (II) act, failure, or inability to re17 strict access to an Internet site or 

18 portion thereof that is subject to such 

19 order, despite good faith efforts to 

20 comply with such order by such enti21 ty, 

22 shall not be used by any person in any 

23 claim or cause of action against such enti24 ty. 

25 (e) MODIFICATION OR VACATION OF ORDERS.— 


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

2 issuance of an order under subsection (c), or an 

3 amended order issued under subsection (f), with re4 spect to an Internet site dedicated to theft of U.S. 

5 property, a motion to modify, suspend, or vacate the 

6 order may be filed by— 

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

8 property, that is subject to the order; 

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

10 the owner or operator, of such Internet site; 

11 (C) any domain name registrar, registry, 

12 or other domain name registration authority 

13 that has registered or assigned the domain 

14 name of such Internet site; or 

15 (D) any entity that has been served with 

16 a copy of an order under subsection (d), or an 

17 amended order under subsection (f), that re18 quires such entity to take action prescribed in 

19 that subsection. 

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

21 be proper if the court finds that— 

22 (A) the Internet site subject to the order 

23 is no longer, or never was, an Internet site 

24 dedicated to theft of U.S. property; or 


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1 (B) the interests of justice otherwise re2 quire that the order be modified, suspended, or 

3 vacated. 

4 (3) CONSIDERATION.—In making a relief deter5 mination under paragraph (2), a court may consider 

6 whether the domain name of the Internet site has 

7 expired or has been re-registered by an entity other 

8 than the entity that is subject to the order with re9 spect to which the motion under paragraph (1) is 

10 brought. 

11 (4) INTERVENTION.—An entity required to take 

12 action pursuant to subsection (d) if an order issues 

13 under subsection (c) may intervene at any time in 

14 any action commenced under subsection (c) that 

15 may result in such order, or in any action to modify, 

16 suspend, or vacate such order under this subsection. 

17 (f) AMENDED ORDERS.—The qualifying plaintiff, if 

18 alleging that an Internet site previously adjudicated in an 

19 action under this section to be an Internet site dedicated 

20 to theft of U.S. property is accessible or has been reconsti21 tuted at a different domain name or Internet Protocol ad22 dress, may petition the court to amend the order issued 

23 under this section accordingly. 

24 (g) REPORTING OF ORDERS.— 


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1 (1) IN GENERAL.—The qualifying plaintiff shall 

2 inform the Intellectual Property Enforcement Coor3 dinator of any court order issued under subsection 

4 (c) or amended order issued under subsection (f). 

5 (2) ALTERATIONS.—Upon the modification, 

6 suspension, expiration, or vacation of a court order 

7 issued under subsection (c) or an amended order 

8 issued under subsection (f), the qualifying plaintiff 

9 shall, and the defendant may, so inform the Intellec10 tual Property Enforcement Coordinator. 

11 SEC. 104. IMMUNITY FOR TAKING VOLUNTARY ACTION 

12 AGAINST SITES DEDICATED TO THEFT OF U.S. 

13 PROPERTY. 

14 No cause of action shall lie in any Federal or State 

15 court or administrative agency against, no person may rely 

16 in any claim or cause of action against, and no liability 

17 for damages to any person shall be granted against, a 

18 service provider, payment network provider, Internet ad19 vertising service, advertiser, Internet search engine, do20 main name registry, or domain name registrar for taking 

21 any action described in section 102(c)(2), section 

22 103(d)(2), or section 103(b) with respect to an Internet 

23 site, or otherwise voluntarily blocking access to or ending 

24 financial affiliation with an Internet site, in the reasonable 

25 belief that— 


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1 (1) the Internet site is a foreign infringing site 

2 or is an Internet site dedicated to theft of U.S. prop3 erty; and 

4 (2) the action is consistent with the entity’s 

5 terms of service or other contractual rights. 

6 SEC. 105. IMMUNITY FOR TAKING VOLUNTARY ACTION 

7 AGAINST SITES THAT ENDANGER PUBLIC 

8 HEALTH. 

9 (a) REFUSAL OF SERVICE.—A service provider, pay10 ment network provider, Internet advertising service, ad11 vertiser, Internet search engine, domain name registry, or 

12 domain name registrar, acting in good faith and based on 

13 credible evidence, may stop providing or refuse to provide 

14 services to an Internet site that endangers the public 

15 health. 

16 (b) IMMUNITY FROM LIABILITY.—An entity de17 scribed in subsection (a), including its directors, officers, 

18 employees, or agents, that ceases or refuses to provide 

19 services under subsection (a) shall not be liable to any per20 son under any Federal or State law for such action. 

21 (c) DEFINITIONS.—In this section: 

22 (1) ADULTERATED.—The term ‘‘adulterated’’ 

23 has the meaning given that term in section 501 of 

24 the Federal Food, Drug, and Cosmetic Act (21 

25 U.S.C. 351). 


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1 (2) INTERNET SITE THAT ENDANGERS THE

2 PUBLIC HEALTH.—The term ‘‘Internet site that en3 dangers the public health’’ means an Internet site 

4 that is primarily designed or operated for the pur5 pose of, has only limited purpose or use other than, 

6 or is marketed by its operator or another acting in 

7 concert with that operator for use in— 

8 (A) offering, selling, dispensing, or distrib9 uting any prescription medication, and does so 

10 regularly without a valid prescription; or 

11 (B) offering, selling, dispensing, or distrib12 uting any prescription medication that is adul13 terated or misbranded. 

14 (3) MISBRANDED.—the term ‘‘misbranded’’ has 

15 the meaning given that term in section 502 of the 

16 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

17 352). 

18 (4) PRESCRIPTION MEDICATION.— 

19 (A) PRESCRIPTION MEDICATION.—The 

20 term ‘‘prescription medication’’ means a drug 

21 that is subject to section 503(b) of the Federal 

22 Food, Drug, and Cosmetic Act (21 U.S.C. 

23 353(b)). 

24 (B) DRUG.—The term ‘‘drug’’ has the 

25 meaning given that term in section 201(g)(1) of 


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1 the Federal Food Drug, and Cosmetic Act (21 

2 U.S.C. 321(g)(1)). 

3 (5) VALID PRESCRIPTION.—The term ‘‘valid 

4 prescription’’ has the meaning given that term in 

5 section 309(e)(2)(A) of the Controlled Substances 

6 Act (21 U.S.C. 829(e)(2)(A)). 

7 SEC. 106. GUIDELINES AND STUDY. 

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

9 (1) provide appropriate resources and proce10 dures for case management and development to ef11 fect timely disposition of actions brought under this 

12 title; 

13 (2) develop a deconfliction process in consulta14 tion with appropriate law enforcement agencies, in15 cluding U.S. Immigration and Customs Enforce16 ment, to coordinate enforcement activities under this 

17 title; 

18 (3) publish procedures developed in consultation 

19 with appropriate law enforcement agencies, including 

20 U.S. Immigration and Customs Enforcement, to re21 ceive information from the public relevant to the en22 forcement of this title; and 

23 (4) provide guidance to intellectual property 

24 rights holders about what information such rights 

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1 vestigation or to supplement an ongoing investiga2 tion pursuant to this title. 

3 (b) STUDY.— 

4 (1) NATURE OF STUDY.—The Register of Copy5 rights, in consultation with appropriate departments 

6 and agencies of the United States and other stake7 holders, shall conduct a study on the enforcement 

8 and effectiveness of this title and on any need to 

9 amend the provisions of this title to adapt to emerg10 ing technologies. 

11 (2) REPORTS TO CONGRESS.—Not later than 2 

12 years after the date of the enactment of this Act, the 

13 Register of Copyrights shall submit to the Commit14 tees on the Judiciary of the House of Representa15 tives and the Senate a report containing the results 

16 of the study conducted under this subsection and 

17 any recommendations that the Register may have as 

18 a result of the study. 

19 SEC. 107. DENYING U.S. CAPITAL TO NOTORIOUS FOREIGN 

20 INFRINGERS. 

21 (a) IDENTIFICATION AND RECOMMENDATIONS RE22 GARDING NOTORIOUS FOREIGN INFRINGERS.— 

23 (1) IN GENERAL.—Using existing resources, the 

24 Intellectual Property Enforcement Coordinator, in 

25 consultation with the Secretaries of Treasury and 


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1 Commerce, the United States Trade Representative, 

2 the Chairman of the Securities and Exchange Com3 mission, and the heads of other departments and ap4 propriate agencies, shall identify and conduct an 

5 analysis of notorious foreign infringers whose activi6 ties cause significant harm to holders of intellectual 

7 property rights in the United States. 

8 (2) PUBLIC INPUT.—In carrying out paragraph 

9 (1), the Intellectual Property Enforcement Coordi10 nator shall solicit and give consideration to the views 

11 and recommendations of members of the public, in12 cluding holders of intellectual property rights in the 

13 United States. 

14 (b) REPORT TO CONGRESS.—The Intellectual Prop15 erty Enforcement Coordinator shall, not later than 6 

16 months after the date of the enactment of this Act, submit 

17 to the Committees on the Judiciary of the House of Rep18 resentatives and the Senate a report that includes the fol19 lowing: 

20 (1) An analysis of notorious foreign infringers 

21 and a discussion of how these infringers violate in22 dustry norms regarding the protection of intellectual 

23 property. 

24 (2) An analysis of the significant harm inflicted 

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1 nesses, and intellectual property industries in the 

2 United States and abroad. 

3 (3) An examination of whether notorious for4 eign infringers have attempted to or succeeded in ac5 cessing capital markets in the United States for 

6 funding or public offerings. 

7 (4) An analysis of the adequacy of relying upon 

8 foreign governments to pursue legal action against 

9 notorious foreign infringers. 

10 (5) A discussion of specific policy recommenda11 tions to deter the activities of notorious foreign in12 fringers and encourage foreign businesses to adopt 

13 industry norms that promote the protection of intel14 lectual property globally, including addressing— 

15 (A) whether notorious foreign infringers 

16 that engage in significant infringing activity 

17 should be prohibited by the laws of the United 

18 States from seeking to raise capital in the 

19 United States, including offering stock for sale 

20 to the public; and 

21 (B) whether the United States Government 

22 should initiate a process to identify and des23 ignate foreign entities from a list of notorious 

24 foreign infringers that would be prohibited from 

25 raising capital in the United States. 


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1 TITLE II—ADDITIONAL EN2 HANCEMENTS TO COMBAT IN3 TELLECTUAL PROPERTY 

4 THEFT 

5 SEC. 201. STREAMING OF COPYRIGHTED WORKS IN VIOLA6 TION OF CRIMINAL LAW. 

7 (a) TITLE 17 AMENDMENTS.—Section 506(a) of title 

8 17, United States Code, is amended to read as follows: 

9 ‘‘(a) CRIMINAL INFRINGEMENT.— 

10 ‘‘(1) IN GENERAL.—Any person who willfully 

11 infringes a copyright shall be punished as provided 

12 under section 2319 of title 18, if the infringement 

13 was committed— 

14 ‘‘(A) for purposes of commercial advantage 

15 or private financial gain; 

16 ‘‘(B) by the reproduction or distribution, 

17 including by electronic means, during any 180- 

18 day period, of 1 or more copies or phonorecords 

19 of 1 or more copyrighted works, or by the pub20 lic performance by means of digital trans21 mission, during any 180-day period, of 1 or 

22 more copyrighted works, when the total retail 

23 value of the copies or phonorecords, or of the 

24 public performances, is more than $1,000; or 


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1 ‘‘(C) by the distribution or public perform2 ance of a work being prepared for commercial 

3 dissemination, by making it available on a com4 puter network accessible to members of the 

5 public, if such person knew or should have 

6 known that the work was intended for commer7 cial dissemination. 

8 ‘‘(2) EVIDENCE.—For purposes of this sub9 section, evidence of reproduction, distribution, or 

10 public performance of a copyrighted work, by itself, 

11 shall not be sufficient to establish willful infringe12 ment of a copyright. 

13 ‘‘(3) DEFINITION.—In this subsection, the term 

14 ‘work being prepared for commercial dissemination’ 

15 means— 

16 ‘‘(A) a computer program, a musical work, 

17 a motion picture or other audiovisual work, or 

18 a sound recording, if, at the time of unauthor19 ized distribution or public performance— 

20 ‘‘(i)(I) the copyright owner has a rea21 sonable expectation of commercial distribu22 tion; and 

23 ‘‘(II) the copies or phonorecords of 

24 the work have not been commercially dis25 tributed in the United States by or with 


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1 the authorization of the copyright owner; 

2 or 

3 ‘‘(ii)(I) the copyright owner does not 

4 intend to offer copies of the work for com5 mercial distribution but has a reasonable 

6 expectation of other forms of commercial 

7 dissemination of the work; and 

8 ‘‘(II) the work has not been commer9 cially disseminated to the public in the 

10 United States by or with the authorization 

11 of the copyright owner; 

12 ‘‘(B) a motion picture, if, at the time of 

13 unauthorized distribution or public perform14 ance, the motion picture— 

15 ‘‘(i)(I) has been made available for 

16 viewing in a motion picture exhibition facil17 ity; and 

18 ‘‘(II) has not been made available in 

19 copies for sale to the general public in the 

20 United States by or with the authorization 

21 of the copyright owner in a format in22 tended to permit viewing outside a motion 

23 picture exhibition facility; or 

24 ‘‘(ii) had not been commercially dis25 seminated to the public in the United 


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1 States by or with the authorization of the 

2 copyright owner more than 24 hours before 

3 the unauthorized distribution or public per4 formance.’’. 

5 (b) TITLE 18 AMENDMENTS.—Section 2319 of title 

6 18, United States Code, is amended— 

7 (1) in subsection (b)(1), by striking ‘‘during 

8 any 180-day period’’ and all that follows and insert 

9 ‘‘of at least 10 copies or phonorecords, or of at least 

10 10 public performances by means of digital trans11 mission, of 1 or more copyrighted works, during any 

12 180-day period, which have a total retail value of 

13 more than $2,500;’’; 

14 (2) in subsection (c)— 

15 (A) in paragraph (1), by striking ‘‘of 10 or 

16 more copies or phonorecords’’ and all that fol17 lows and inserting ‘‘including by electronic 

18 means, of at least 10 copies or phonorecords, or 

19 of at least 10 public performances by means of 

20 digital transmission, of 1 or more copyrighted 

21 works, during any 180-day period, which have 

22 a total retail value of more than $2,500;’’; and 

23 (B) in paragraph (3), by striking ‘‘if the 

24 offense’’ and all that follows and inserting ‘‘in 

25 any other case;’’; 


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1 (3) in subsection (d)(4), by striking ‘‘under 

2 paragraph (2)’’ and inserting ‘‘committed for pur3 poses of commercial advantage or private financial 

4 gain under subsection (a)’’; 

5 (4) in subsection (f)— 

6 (A) by amending paragraph (2) to read as 

7 follows: 

8 ‘‘(2) the terms ‘reproduction’, ‘distribution’, 

9 and ‘public performance’ refer to the exclusive rights 

10 of a copyright owner under paragraphs (1), (3), (4), 

11 and (6), respectively, of section 106 (relating to ex12 clusive rights in copyrighted works), as limited by 

13 sections 107 through 122, of title 17; and’’; 

14 (B) in paragraph (3), by striking ‘‘; and’’ 

15 and inserting a period; and 

16 (C) by striking paragraph (4); and 

17 (5) by adding at the end the following new sub18 section: 

19 ‘‘(g) EVIDENCE OF TOTAL RETAIL VALUE.—For 

20 purposes of this section and section 506(a) of title 17, 

21 total retail value may be shown by evidence of— 

22 ‘‘(1) the total retail price that persons receiving 

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1 ceive such reproductions, distributions, or public per2 formances lawfully; 

3 ‘‘(2) the total economic value of the reproduc4 tions, distributions, or public performances to the in5 fringer or to the copyright owner, as shown by evi6 dence of fee, advertising, or other revenue that was 

7 received by the person who commits the offense, or 

8 that the copyright owner would have been entitled to 

9 receive had such reproductions, distributions, or 

10 public performances been offered lawfully; or 

11 ‘‘(3) the total fair market value of licenses to 

12 offer the type of reproductions, distributions, or pub13 lic performances constituting the offense.’’. 

14 (c) RULE OF CONSTRUCTION.—Any person acting 

15 with a good faith reasonable basis in law to believe that 

16 the person’s conduct is lawful shall not be considered to 

17 have acted willfully for purposes of the amendments made 

18 by this section. Such person includes, but is not limited 

19 to, a person engaged in conduct forming the basis of a 

20 bona fide commercial dispute over the scope of existence 

21 of a contract or license governing such conduct where such 

22 person has a reasonable basis in law to believe that such 

23 conduct is noninfringing. Nothing in this subsection shall 

24 affect the application or interpretation of the willfulness 

25 requirement in any other provision of civil or criminal law. 


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1 SEC. 202. TRAFFICKING IN INHERENTLY DANGEROUS 

2 GOODS OR SERVICES. 

3 Section 2320 of title 18, United States Code, is 

4 amended as follows: 

5 (1) Subsection (a) is amended to read as fol6 lows: 

7 ‘‘(1) IN GENERAL.— 

8 ‘‘(A) OFFENSES.—Whoever— 

9 ‘‘(i) intentionally traffics or attempts 

10 to traffic in goods or services and know11 ingly uses a counterfeit mark on or in con12 nection with such goods or services, 

13 ‘‘(ii) intentionally traffics or attempts 

14 to traffic in labels, patches, stickers, wrap15 pers, badges, emblems, medallions, charms, 

16 boxes, containers, cans, cases, hangtags, 

17 documentation, or packaging of any type 

18 or nature, knowing that a counterfeit mark 

19 has been applied thereto, the use of which 

20 is likely to cause confusion, to cause mis21 take, or to deceive, or 

22 ‘‘(iii) intentionally imports, exports, or 

23 traffics in counterfeit drugs or inten24 tionally participates in or knowingly aids 

25 drug counterfeiting, 


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1 shall, if an individual, be fined not more than 

2 $2,000,000 or imprisoned not more than 10 

3 years, or both, and, if a person other than an 

4 individual, be fined not more than $5,000,000. 

5 ‘‘(B) SUBSEQUENT OFFENSES.—In the 

6 case of an offense by a person under this para7 graph that occurs after that person is convicted 

8 of another offense under this paragraph, the 

9 person convicted, if an individual, shall be fined 

10 not more than $5,000,000 or imprisoned not 

11 more than 20 years, or both, and if other than 

12 an individual, shall be fined not more than 

13 $15,000,000. 

14 ‘‘(2) SERIOUS BODILY HARM OR DEATH.— 

15 ‘‘(A) SERIOUS BODILY HARM.—If the of16 fender knowingly or recklessly causes or at17 tempts to cause serious bodily injury from con18 duct in violation of paragraph (1), the penalty 

19 shall be, for an individual, a fine of not more 

20 than $5,000,000 or imprisonment for any term 

21 of years or for life, or both, and for other than 

22 an individual, a fine of not more than 

23 $15,000,000. 

24 ‘‘(B) DEATH.—If the offender knowingly 

25 or recklessly causes or attempts to cause death 


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1 from conduct in violation of paragraph (1), the 

2 penalty shall be, for an individual, a fine of not 

3 more than $5,000,000 or imprisonment for any 

4 term of years or for life, or both, and for other 

5 than an individual, a fine of not more than 

6 $15,000,000. 

7 ‘‘(3) MILITARY GOODS OR SERVICES.— 

8 ‘‘(A) IN GENERAL.—A person who com9 mits an offense under paragraph (1) shall be 

10 punished in accordance with subparagraph (B) 

11 if— 

12 ‘‘(i) the offense involved a good or 

13 service described in paragraph (1) that if 

14 it malfunctioned, failed, or was com15 promised, could reasonably be foreseen to 

16 cause— 

17 ‘‘(I) serious bodily injury or 

18 death; 

19 ‘‘(II) disclosure of classified in20 formation; 

21 ‘‘(III) impairment of combat op22 erations; or 

23 ‘‘(IV) other significant harm— 

24 ‘‘(aa) to a member— 


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1 ‘‘(AA) of the Armed 

2 Forces; or 

3 ‘‘(BB) of a Federal, 

4 State, or local law enforce5 ment agency; or 

6 ‘‘(bb) to national security or 

7 critical infrastructure; and 

8 ‘‘(ii) the person had knowledge that 

9 the good or service is falsely identified as 

10 meeting military standards or is intended 

11 for use in a military or national security 

12 application, or a law enforcement or crit13 ical infrastructure application. 

14 ‘‘(B) PENALTIES.— 

15 ‘‘(i) INDIVIDUAL.—An individual who 

16 commits an offense described in subpara17 graph (A) shall be fined not more than 

18 $5,000,000, imprisoned for not more than 

19 20 years, or both. 

20 ‘‘(ii) PERSON OTHER THAN AN INDI21 VIDUAL.—A person other than an indi22 vidual that commits an offense described in 

23 subparagraph (A) shall be fined not more 

24 than $15,000,000. 

25 ‘‘(C) SUBSEQUENT OFFENSES.— 


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1 ‘‘(i) INDIVIDUAL.—An individual who 

2 commits an offense described in subpara3 graph (A) after the individual is convicted 

4 of an offense under subparagraph (A) shall 

5 be fined not more than $15,000,000, im6 prisoned not more than 30 years, or both. 

7 ‘‘(ii) PERSON OTHER THAN AN INDI8 VIDUAL.—A person other than an indi9 vidual that commits an offense described in 

10 subparagraph (A) after the person is con11 victed of an offense under subparagraph 

12 (A) shall be fined not more than 

13 $30,000,000.’’. 

14 (2) Subsection (e) is amended— 

15 (A) in paragraph (1), by striking the pe16 riod at the end and inserting a semicolon; 

17 (B) in paragraph (3), by striking ‘‘and’’ at 

18 the end; 

19 (C) in paragraph (4), by striking the pe20 riod at the end and inserting a semicolon; and 

21 (D) by adding at the end the following: 

22 ‘‘(5) the term ‘counterfeit drug’ has the mean23 ing given that term in section 201(g)(2) of the Fed24 eral Food Drug, and Cosmetic Act (21 U.S.C. 

25 321(g)(2)); 


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1 ‘‘(6) the term ‘critical infrastructure’ has the 

2 meaning given that term in section 2339D(c); 

3 ‘‘(7) the term ‘drug counterfeiting’ means any 

4 act prohibited by section 301(i) of the Federal Food 

5 Drug, and Cosmetic Act (21 U.S.C. 331(i)); 

6 ‘‘(8) the term ‘final dosage form’ has the mean7 ing given that term in section 735(4) of the Federal 

8 Food, Drug, and Cosmetic Act (21 U.S.C. 379g(4)); 

9 ‘‘(9) the term ‘falsely identified as meeting mili10 tary standards’ relating to a good or service means 

11 there is a material misrepresentation that the good 

12 or service meets a standard, requirement, or speci13 fication issued by the Department of Defense, an 

14 Armed Force, or a reserve component; 

15 ‘‘(10) the term ‘use in a military or national se16 curity application’ means the use of a good or serv17 ice, independently, in conjunction with, or as a com18 ponent of another good or service— 

19 ‘‘(A) during the performance of the official 

20 duties of the Armed Forces of the United 

21 States or the reserve components of the Armed 

22 Forces; or 

23 ‘‘(B) by the United States to perform or 

24 directly support— 

25 ‘‘(i) combat operations; or 


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1 ‘‘(ii) critical national defense or na2 tional security functions; and 

3 ‘‘(11) the term ‘use in a law enforcement or 

4 critical infrastructure application’ means the use of 

5 a good or service, independently, in conjunction 

6 with, or as a component of, another good or service 

7 by a person who is directly engaged in— 

8 ‘‘(A) Federal, State, or local law enforce9 ment; or 

10 ‘‘(B) an official function pertaining to crit11 ical infrastructure.’’. 

12 SEC. 203. PROTECTING U.S. BUSINESSES FROM FOREIGN 

13 AND ECONOMIC ESPIONAGE. 

14 (a) FOR OFFENSES COMMITTED BY INDIVIDUALS.— 

15 Section 1831(a) of title 18, United States Code, is amend16 ed, in the matter after paragraph (5)— 

17 (1) by striking ‘‘15 years’’ and inserting ‘‘20 

18 years’’; and 

19 (2) by striking ‘‘not more than $500,000’’ and 

20 inserting ‘‘not less than $1,000,000 and not more 

21 than $5,000,000’’. 

22 (b) FOR OFFENSES COMMITTED BY ORGANIZA23 TIONS.—Section 1831(b) of such title is amended by strik24 ing ‘‘$10,000,000’’ and inserting ‘‘not more than the 

25 greater of $10,000,000 or 3 times the value of the stolen 


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1 trade secret to the organization (including expenses for re2 search and design or other costs of reproducing the trade 

3 secret that the organization has thereby avoided)’’. 

4 SEC. 204. AMENDMENTS TO SENTENCING GUIDELINES. 

5 Not later than 180 days after the date of the enact6 ment of this Act, pursuant to its authority under section 

7 994(p) of title 28, United States Code, the United States 

8 Sentencing Commission shall— 

9 (1) review, and if appropriate, amend Federal 

10 Sentencing Guidelines and policy statements applica11 ble to persons convicted of— 

12 (A) intellectual property offenses; 

13 (B) an offense under section 2320(a) of 

14 title 18, United States Code; or 

15 (C) an offense under section 1831 of title 

16 18, United States Code; 

17 (2) in carrying out such review, consider 

18 amending such Guidelines and policy statements 

19 to— 

20 (A) apply an appropriate offense level en21 hancement for intellectual property offenses 

22 committed in connection with an organized 

23 criminal enterprise; 


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1 (B) apply an appropriate offense level en2 hancement to the simple misappropriation of a 

3 trade secret; 

4 (C) apply an additional appropriate offense 

5 level enhancement if the defendant transmits or 

6 attempts to transmit the stolen trade secret 

7 outside of the United States and an additional 

8 appropriate enhancement if the defendant in9 stead commits economic espionage; 

10 (D) provide that when a defendant trans11 mits trade secrets outside of the United States 

12 or commits economic espionage, that the de13 fendant should face a minimum offense level; 

14 (E) provide for an offense level enhance15 ment for Guidelines relating to the theft of 

16 trade secrets and economic espionage, including 

17 trade secrets transferred or attempted to be 

18 transferred outside of the United States; 

19 (F) apply an appropriate offense level en20 hancement and minimum offense level for of21 fenses under section 2320(a) of title 18, United 

22 States Code, that involve a product intended for 

23 use in a military or national security applica24 tion, or a law enforcement or critical infrastruc25 ture application; 


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1 (G) ensure that the Guidelines and policy 

2 statements (including section 2B5.3 of the Fed3 eral Sentencing Guidelines (and any successor 

4 thereto)) reflect— 

5 (i) the serious nature of the offenses 

6 described in section 2320(a) of title 18, 

7 United States Code; 

8 (ii) the need for an effective deterrent 

9 and appropriate punishment to prevent of10 fenses under section 2320(a) of title 18, 

11 United States Code; and 

12 (iii) the effectiveness of incarceration 

13 in furthering the objectives described in 

14 clauses (i) and (ii); and 

15 (H) ensure reasonable consistency with 

16 other relevant directives and Guidelines and 

17 Federal statutes; 

18 (3) submit to Congress a report detailing the 

19 Commission’s actions with respect to each potential 

20 amendment described in paragraph (2); 

21 (4) make such conforming amendments to the 

22 Federal Sentencing Guidelines as the Commission 

23 determines necessary to achieve consistency with 

24 other Guideline provisions and applicable law; and 


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1 (5) promulgate the Guidelines, policy state2 ments, or amendments provided for in this section 

3 as soon as practicable in accordance with the proce4 dure set forth in section 21(a) of the Sentencing Act 

5 of 1987 (28 U.S.C. 994 note), as though the author6 ity under that Act had not expired. 

7 SEC. 205. DEFENDING INTELLECTUAL PROPERTY RIGHTS 

8 ABROAD. 

9 (a) RESOURCES TO PROTECT INTELLECTUAL PROP10 ERTY RIGHTS.— 

11 (1) POLICY.—The Secretary of State and the 

12 Secretary of Commerce, in consultation with the 

13 Register of Copyrights, shall ensure that the protec14 tion in foreign countries of the intellectual property 

15 rights of United States persons is a significant com16 ponent of United States foreign and commercial pol17 icy in general, and in relations with individual coun18 tries in particular. 

19 (2) DEDICATION OF RESOURCES.—The Sec20 retary of State and the Secretary of Commerce, in 

21 consultation with the Register of Copyrights, and 

22 the heads of other appropriate departments and 

23 agencies, shall ensure that adequate resources are 

24 available at the United States embassy or diplomatic 

25 mission (as the case may be) in any country that is 


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1 identified under section 182(a)(1) of the Trade Act 

2 of 1974 (19 U.S.C. 2242(a)(1)) to ensure— 

3 (A) aggressive support for enforcement ac4 tion against violations of the intellectual prop5 erty rights of United States persons in such 

6 country; 

7 (B) cooperation with and support for the 

8 host government’s efforts to conform its appli9 cable laws, regulations, practices, and processes 

10 to enable the host government to honor its 

11 international and bilateral obligations with re12 spect to the protection of intellectual property 

13 rights; 

14 (C) consistency with the policy and coun15 try-specific priorities set forth in the most re16 cent report of USTR under such section 

17 182(a)(1); and 

18 (D) support for holders of United States 

19 intellectual property rights and industries whose 

20 access to foreign markets is improperly re21 stricted by intellectual property related issues. 

22 (b) NEW APPOINTMENTS.— 

23 (1) APPOINTMENTS AND ADMINISTRATION.— 

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1 rights, shall appoint at least one intellectual prop2 erty attache ́ to be assigned to the United States em3 bassy or diplomatic mission (as the case may be) in 

4 a country in each geographic region covered by a re5 gional bureau of the Department of State. The Di6 rector of the Patent and Trademark Office shall 

7 maintain authority over hiring, personnel ratings, 

8 and objectives for the attache ́s, in consultation with 

9 the Secretary of State. Depending on experience and 

10 expertise, intellectual property attache ́s shall be des11 ignated as the diplomatic rank in-mission of First 

12 Secretary or Counselor. 

13 (2) REGIONS DEFINED.—The geographic re14 gions referred to in paragraph (1) are the following: 

15 (A) Africa. 

16 (B) Europe and Eurasia. 

17 (C) East Asia and the Pacific. 

18 (D) The Near East. 

19 (E) South and Central Asia and the Pa20 cific. 

21 (F) The Western Hemisphere. 

22 (3) DUTIES.—The intellectual property attache ́s 

23 appointed under this subsection shall focus primarily 

24 on intellectual property matters, including the devel25 opment, protection, and enforcement of applicable 


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1 law. Each intellectual property attache ́ shall work, in 

2 accordance with guidance from the Director, and in 

3 coordination with appropriate staff at the Depart4 ments of Commerce and State and the Copyright 

5 Office, to advance the policy goals and priorities of 

6 the United States Government. Those policy goals 

7 and priorities shall be consistent with USTR’s re8 ports under section 182(a)(1) of the Trade Act of 

9 1974. The intellectual property attache ́s shall work 

10 with United States holders of intellectual property 

11 rights and industry to address intellectual property 

12 rights violations in the countries where the attache ́s 

13 are assigned. 

14 (c) PRIORITY ASSIGNMENTS.— 

15 (1) IN GENERAL.—Subject to paragraph (2), in 

16 designating the United States embassies or diplo17 matic missions where attache ́s will be assigned under 

18 subsection (b), the Secretary of State and the Sec19 retary of Commerce shall give priority to countries 

20 where the activities of an attache ́ are likely to 

21 achieve the greatest potential benefit in reducing in22 tellectual property infringement in the United States 

23 market, to advance the intellectual property rights of 

24 United States persons and their licensees, and to ad25 vance the interests of United States persons who 


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1 may otherwise be harmed by violations of intellectual 

2 property rights in those countries. 

3 (2) ASSIGNMENTS TO PRIORITY COUNTRIES.— 

4 In carrying out paragraph (1), the Secretary of 

5 State and the Secretary of Commerce shall consider 

6 assigning intellectual property attache ́s— 

7 (A) to the countries that have been identi8 fied under section 182(a)(1) of the Trade Act 

9 of 1974 (19 U.S.C. 2242(a)(1)); and 

10 (B) to countries of critical economic impor11 tance to the advancement of United States in12 tellectual property rights and interests. 

13 (d) TRAINING.—The Secretary of State and the Sec14 retary of Commerce shall ensure that each intellectual 

15 property attache ́ appointed under subsection (b) is fully 

16 trained for the responsibilities of the position before as17 suming duties at the United States embassy or diplomatic 

18 mission to which the attache ́ is assigned. 

19 (e) COORDINATION.—The activities of intellectual 

20 property attache ́s under this section shall be determined 

21 in consultation with the Intellectual Property Enforcement 

22 Coordinator. The Director shall assist in coordinating the 

23 policy priorities and activities of the intellectual property 

24 attache ́s and oversee administrative and personnel mat25 ters. 


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1 (f) TRAINING AND TECHNICAL ASSISTANCE.— 

2 (1) CONSISTENCY.—Using existing resources, 

3 all training and technical assistance provided by in4 tellectual property attache ́s appointed under sub5 section (b), or under other authority, relating to in6 tellectual property enforcement and protection 

7 abroad shall be designed to be consistent with the 

8 policy and country-specific priorities set forth in the 

9 most recent report of USTR under section 182(a) of 

10 the Trade Act of 1974. 

11 (2) ROLE OF IPEC.—Such training and tech12 nical assistance programs shall be carried out in 

13 consultation with the Intellectual Property Enforce14 ment Coordinator. The Director shall assist in co15 ordinating the training and technical assistance pro16 grams conducted by intellectual property attache ́s. 

17 (g) ACTIVITIES IN OTHER COUNTRIES.—In the case 

18 of countries that are not identified under section 

19 182(a)(1) of the Trade Act of 1974, the activities of Fed20 eral departments and agencies with respect to intellectual 

21 property rights in those countries, intellectual property 

22 programs and outreach of the United States Government 

23 in those countries, and training and technical assistance 

24 programs of the United States Government relating to in25 tellectual property in those countries may be conducted 


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1 to the extent they are consistent with compelling commer2 cial or foreign policy interests of the United States. 

3 (h) REPORTS TO CONGRESS.—The Intellectual Prop4 erty Enforcement Coordinator shall include in the annual 

5 report submitted under section 314 of the Prioritizing Re6 sources and Organization for Intellectual Property Act of 

7 2008 (15 U.S.C. 8114) on the activities of the advisory 

8 committee established under section 301 of that Act (15 

9 U.S.C. 8111) information on the appointment, designation 

10 for assignment, and activities of all intellectual property 

11 attache ́s of any Federal department or agency who are 

12 serving abroad. 

13 (i) DEFINITIONS.—In this section: 

14 (1) DIRECTOR.—The terms ‘‘Director of the 

15 Patent and Trademark Office’’ and ‘‘Director’’ mean 

16 the Under Secretary for Intellectual Property and 

17 Director of the Untied States Patent and Trade18 mark Office. 

19 (2) INTELLECTUAL PROPERTY ENFORCE20 MENT.—The term ‘‘intellectual property enforce21 ment’’ has the meaning given that term in section 

22 302 of the Prioritizing Resources and Organization 

23 for Intellectual Property Act of 2008 (15 U.S.C. 

24 8112). 


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1 (3) INTELLECTUAL PROPERTY ENFORCEMENT

2 COORDINATOR.—The term ‘‘Intellectual Property 

3 Enforcement Coordinator’’ means the Intellectual 

4 Property Enforcement Coordinator appointed under 

5 section 301 of the Prioritizing Resources and Orga6 nization for Intellectual Property Act of 2008 (15 

7 U.S.C. 8111). 

8 (4) INTELLECTUAL PROPERTY RIGHTS.—The 

9 term ‘‘intellectual property rights’’ means the rights 

10 of holders of copyrights, patents, trademarks, other 

11 forms of intellectual property, and trade secrets. 

12 (5) USTR.—The term ‘‘USTR’’ means the 

13 United States Trade Representative. 

14 (6) UNITED STATES PERSON.—The term 

15 ‘‘United States person’’ means— 

16 (A) any United States resident or national; 

17 (B) any corporation, partnership, other 

18 business entity, or other organization, that is 

19 organized under the laws of the United States; 

20 and 

21 (C) any foreign subsidiary or affiliate (in22 cluding any permanent foreign establishment) 

23 of any corporation, partnership, business entity, 

24 or organization described in subparagraph (B), 


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1 that is controlled in fact by such corporation, 

2 partnership, business entity, or organization. 

3 (j) AUTHORIZATION OF APPROPRIATIONS.—The Sec4 retary of State and the Secretary of Commerce shall pro5 vide for the training and support of the intellectual prop6 erty attache ́s appointed under subsection (b) using exist7 ing resources. 

Æ 


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