I 
108TH CONGRESS 
2D SESSION 
H. R. 3754
To provide additional civil and criminal remedies for domain name fraud. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 3, 2004
Mr. SMITH of Texas (for himself and Mr. BERMAN) introduced the following 
bill; which was referred to the Committee on the Judiciary 
A BILL 
To provide additional civil and criminal remedies for domain 
name fraud.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fraudulent Online 
Identity Sanctions Act’’. 
SEC. 2. AMENDMENT TO TRADEMARK ACT OF 1946. 
Section 35 of the Act entitled ‘‘An Act to provide for 
the registration and protection of trademarks used in com-
merce, to carry out the provisions of certain international 
conventions, and for other purposes’’, approved July 5, 
1946 (commonly referred to as the ‘‘Trademark Act of
1946’’; 15 U.S.C. 1117), is amended by adding at the end 
the following new subsection: 
‘‘(e) In a case of a violation referred to in this section, 
occurring at or in connection with an online location, the 
violation shall be considered to be willful for purposes of 
this section if the violator, or a person acting in concert 
with the violator, knowingly provided material and mis-
leading false contact information to a domain name reg-
istrar, domain name registry, or other domain name reg-
istration authority in registering a domain name used in 
connection with the online location, or in maintaining or 
renewing such registration.’’. 
SEC. 3. AMENDMENT TO TITLE 17, UNITED STATES CODE. 
Section 504(c)(2) of title 17, United States Code, is 
amended by adding at the end the following new sentence: 
‘‘In a case of infringement occurring at or in connection 
with an online location, the infringement shall be consid-
ered to be willful for purposes of this paragraph where 
the copyright owner sustains the burden of proving, and 
the court finds, that the infringer or a person acting in 
concert with the infringer knowingly provided material 
and misleading false contact information to a domain 
name registrar, domain name registry, or other domain 
name registration authority in registering a domain name 
used in connection with the online location, or in maintain-
ing or renewing such registration. For purposes of the pre-
ceding sentence, the term ‘domain name’ has the meaning 
given that term in section 45 of the Act entitled ‘An Act 
to provide for the registration and protection of trade-
marks used in commerce, to carry out the provisions of 
certain international conventions, and for other purposes’ 
approved July 5, 1946 (commonly referred to as the 
‘Trademark Act of 1946’; 15 U.S.C. 1127).’’. 
SEC. 4. AMENDMENT TO TITLE 18, UNITED STATES CODE. 
Section 3559 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(f) SENTENCING ENHANCEMENT FOR FALSIFICA-
TION RELATING
TO DOMAIN NAMES
IN CONNECTION 
WITH OFFENSES.—The maximum imprisonment other-
wise provided by law for a felony offense shall be increased 
by 7 years if, in furtherance of that offense, the defendant 
knowingly provided material and misleading false contact 
information to a domain name registrar, domain name 
registry, or other domain name registration authority in 
connection with a domain name registration. For purposes 
of this subsection, the term ‘domain name’ has the mean-
ing given that term in section 45 of the Act entitled ‘An 
Act to provide for the registration and protection of trade-
marks used in commerce, to carry out the provisions of 
certain international conventions, and for other purposes’,