I 
109TH CONGRESS 
2D SESSION 
H. R. 4780 
To promote freedom of expression on the Internet, to protect United States 
businesses from coercion to participate in repression by authoritarian 
foreign governments, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 16, 2006 
Mr. SMITH of New Jersey (for himself, Mr. LANTOS, Mr. WOLF, Mr. PAYNE, 
Mr. ROHRABACHER, and Mr. RYAN of Ohio) introduced the following bill; 
which was referred to the Committee on International Relations, and in 
addition to the Committee on Energy and Commerce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
To promote freedom of expression on the Internet, to protect 
United States businesses from coercion to participate 
in repression by authoritarian foreign governments, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Global Online Freedom Act of 2006’’.
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Definitions. 
Sec. 4. Severability. 
TITLE I—PROMOTION OF GLOBAL INTERNET FREEDOM 
Sec. 101. Statement of policy. 
Sec. 102. Sense of Congress. 
Sec. 103. Annual Country Reports on Human Rights Practices. 
Sec. 104. Office of Global Internet Freedom. 
Sec. 105. Annual designation of Internet-restricting countries; report. 
TITLE II—MINIMUM CORPORATE STANDARDS FOR ONLINE 
FREEDOM 
Sec. 201. Protection of search engines and content services. 
Sec. 202. Integrity of search engines. 
Sec. 203. Transparency regarding search engine filtering. 
Sec. 204. Protection of United States-supported online content. 
Sec. 205. Transparency regarding Internet censorship. 
Sec. 206. Integrity of user identifying information. 
Sec. 207. Penalties. 
TITLE III—EXPORT CONTROLS FOR INTERNET-RESTRICTING 
COUNTRIES 
Sec. 301. Establishment of export controls. 
Sec. 302. Report. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) Freedom of speech and freedom of the press 
are fundamental human rights, and free use of the 
Internet is protected in Article 19 of the Universal 
Declaration of Human Rights, which guarantees 
freedom to ‘‘receive and impart information and 
ideas through any media regardless of frontiers’’.
(2) The Internet has been a success because it 
quickly provides information to its more than 972 
million users globally. 
(3) The growth of the Internet and other infor-
mation technologies can be a force for democratic 
change if the information is not subject to political 
censorship. 
(4) The Internet has played a role in bringing 
international attention to issues the discussion of 
which are forbidden by authoritarian foreign govern-
ments, such as attempts by the Government of the 
People’s Republic of China to suppress news of the 
severe acute respiratory syndrome (SARS) outbreak 
in 2004. 
(5) The rapid provision of full and uncensored 
information through the Internet has become a 
major industry of the United States, and one of its 
major exports. 
(6) Political censorship of the Internet degrades 
the quality of that service and ultimately threatens 
the integrity and viability of the industry itself, both 
in the United States and abroad. 
(7) Authoritarian foreign governments such as 
the Governments of Belarus, Burma, the People’s 
Republic of China, Cuba, Iran, Libya, the Maldives,
Nepal, North Korea, Saudi Arabia, Syria, Tunisia, 
Turkmenistan, Uzbekistan, and Vietnam block, re-
strict, and monitor the information their citizens try 
to obtain. 
(8) Web sites that provide uncensored news and 
information, such as the Web sites of the Voice of 
America and Radio Free Asia, are routinely blocked 
in such countries. 
(9) In June 2003, the Government of the So-
cialist Republic of Vietnam arrested, convicted of 
‘‘spying’’, and sentenced to 13 years’ imprisonment 
and 3 years’ house arrest (later reduced on appeal 
to 5 years’ imprisonment and 6 years’ house arrest) 
Dr. Pham Hong Son after he translated an Internet 
article titled ‘‘What is Democracy’’ from the Web 
site of the United States Embassy in Vietnam. 
(10) According to the Department of State’s 
Country Reports on Human Rights Practices, the 
Government of Vietnam in 2004 tightened control of 
the Internet, requiring Internet agents, such as 
cyber cafes, to register the personal information of 
their customers and store records of Internet sites 
visited by customers. The Vietnamese Government 
also monitored electronic mail, searched for sensitive 
key words, and regulated Internet content.
(11) The Government of the People’s Republic 
of China has employed censorship of the Internet in 
violation of Article 35 of the Chinese Constitution, 
which guarantees freedom of speech, freedom of the 
press, freedom of assembly, freedom of association, 
freedom of procession, and freedom of demonstra-
tion. 
(12) This censorship by the Chinese Govern-
ment promotes, perpetuates, and exacerbates a 
xenophobic—and at times particularly anti-Amer-
ican—Chinese nationalism, the long-term effect of 
which will be deleterious to United States efforts to 
prevent the relationship between the United States 
and China from becoming hostile. 
(13) Unchecked transfers of dual use tech-
nology have already increased China’s ability to suc-
cessfully invade Taiwan, and correspondingly dimin-
ished United States and Taiwanese capacity to de-
fend that democratic society, thereby greatly increas-
ing tension in East Asia. 
(14) Technology companies in the United 
States that operate in countries controlled by au-
thoritarian foreign governments have a responsibility 
to comply with the principles of the Universal Dec-
laration of Human Rights.
(15) Technology companies in the United 
States have succumbed to pressure by authoritarian 
foreign governments to provide such governments 
with information about Internet users that has led 
to the arrest and imprisonment of cyber dissidents, 
in violation of the corporate responsibility of such 
companies to protect and uphold human rights. 
(16) Technology companies in the United 
States have provided the technology and training to 
authoritarian foreign governments to assist such 
governments in filtering and blocking information 
that promotes democracy and freedom. 
(17) Technology companies in the United 
States have failed to develop standards by which 
they can conduct business with authoritarian foreign 
governments while protecting human rights to free-
dom of speech and freedom of expression. 
(18) The United States supports the universal 
right to freedom of speech and freedom of the press. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—Except as otherwise provided in this Act, the 
term 
‘‘appropriate 
congressional 
committees’’ 
means—
(A) the Committee on International Rela-
tions of the House of Representatives; and 
(B) the Committee on Foreign Relations of 
the Senate. 
(2) FOREIGN OFFICIAL.— 
(A) IN GENERAL.—The term ‘‘foreign offi-
cial’’ means— 
(i) any officer or employee of a for-
eign government or any department, agen-
cy, state-owned enterprise, or instrumen-
tality thereof; or 
(ii) any person acting in an official ca-
pacity for or on behalf of any such govern-
ment or department, agency, state-owned 
enterprise, or instrumentality. 
(B) 
STATE-OWNED
ENTERPRISE.—For 
purposes of subparagraph (A), the term ‘‘state- 
owned enterprise’’ means a commercial entity in 
which a foreign government owns, directly or 
indirectly, more than 50 percent of the out-
standing capital stock or other beneficial inter-
est in such commercial entity. 
(3) INTERNET.—The term ‘‘Internet’’ means 
the combination of computer facilities, telecommuni-
cations 
facilities, 
electromagnetic 
transmission
media, and related equipment and software, com-
prising the interconnected worldwide network of 
computer networks that employ the Transmission 
Control Protocol/Internet Protocol or any successor 
protocol to transmit information. 
(4) INTERNET CONTENT HOSTING SERVICE.— 
The terms ‘‘Internet content hosting service’’ and 
‘‘content hosting service’’ mean a service that— 
(A) stores, through electromagnetic or 
other means, electronic data, including the con-
tent of web pages, electronic mail, documents, 
images, audio and video files, online discussion 
boards, and weblogs; and 
(B) makes such data available via the 
Internet. 
(5) INTERNET JAMMING.—The term ‘‘Internet 
jamming’’ means jamming, censoring, blocking, 
monitoring, or restricting access to the Internet, or 
to content made available via the Internet, by using 
technologies such as firewalls, filters, and ‘‘black 
boxes’’. 
(6) INTERNET-RESTRICTING
COUNTRY.—The 
term ‘‘Internet-restricting country’’ means a country 
designated by the President pursuant to section 
105(a) of this Act.
(7) INTERNET
SEARCH
ENGINE.—The term 
‘‘Internet search engine’’ or ‘‘search engine’’ means 
a service made available via the Internet that, on the 
basis of query consisting of terms, concepts, ques-
tions, or other data input by a user, searches infor-
mation available on the Internet and returns to the 
user a means, such as a hyperlinked list of Uniform 
Resource 
Identifiers, 
of 
locating, 
viewing, 
or 
downloading information or data available on the 
Internet relating to that query. 
(8) LEGITIMATE FOREIGN LAW ENFORCEMENT 
PURPOSES.— 
(A) IN GENERAL.—The term ‘‘legitimate 
foreign law enforcement purposes’’ means for 
purposes of enforcement, investigation, or pros-
ecution by a foreign official based on a publicly 
promulgated law of reasonable specificity that 
proximately relates to the protection or pro-
motion of the health, safety, or morals of the 
citizens of that jurisdiction. 
(B) RULE OF CONSTRUCTION.—For pur-
poses of this Act, the control, suppression, or 
punishment of peaceful expression of political or 
religious opinion, which is protected by Article 
19 of the International Covenant on Civil and
Political Rights, does not constitute a legitimate 
foreign law enforcement purpose. 
(9) PROTECTED
FILTER
TERMS.—The term 
‘‘protected filter terms’’ means the words, terms, 
and phrases identified by the Office of Global Inter-
net Freedom pursuant to section 104(b)(4) of this 
Act. 
(10) SUBSTANTIAL
RESTRICTIONS
ON
INTER-
NET FREEDOM.—The term ‘‘substantial restrictions 
on Internet freedom’’ means actions that restrict or 
punish the free availability of information via the 
Internet for reasons other than legitimate foreign 
law enforcement purposes, including— 
(A) deliberately blocking, filtering, or cen-
soring information available via the Internet 
based on its peaceful political or religious con-
tent; or 
(B) persecuting, prosecuting, or otherwise 
punishing an individual or group for posting or 
transmitting peaceful political or religious opin-
ions via the Internet, including by electronic 
mail. 
(11) UNITED
STATES
BUSINESS.—The term 
‘‘United States business’’ means—
(A) any corporation, partnership, associa-
tion, joint-stock company, business trust, unin-
corporated organization, or sole proprietorship 
that— 
(i) has its principal place of business 
in the United States; or 
(ii) is organized under the laws of a 
State of the United States or a territory, 
possession, or commonwealth of the United 
States; 
(B) any issuer of a security registered pur-
suant to section 12 of the Securities Exchange 
Act of 1934 (15 U.S.C. 78l); and 
(C) any foreign subsidiary of an entity de-
scribed in subparagraph (A) or (B) to the ex-
tent such entity— 
(i) controls the voting shares or other 
equities of the foreign subsidiary; or 
(ii) authorizes, directs, controls, or 
participates in acts carried out by the for-
eign subsidiary that are prohibited by this 
Act. 
(12) UNITED STATES-SUPPORTED CONTENT.— 
The term ‘‘United States-supported content’’ means 
content that is created or developed, in whole or in
part, by a United States-supported information enti-
ty. 
(13) UNITED
STATES-SUPPORTED
INFORMA-
TION ENTITY.—The term ‘‘United States-supported 
information entity’’ means— 
(A) any authority of the Government of 
the United States; and 
(B) any entity that— 
(i) receives grants from the Broad-
casting Board of Governors to carry out 
international broadcasting activities in ac-
cordance with the United States Inter-
national Broadcasting Act of 1994 (title 
III of Public Law 103–236; 22 U.S.C. 
6201 et seq.); 
(ii) in coordination with the Inter-
national Broadcasting Bureau, carries out 
all nonmilitary international broadcasting 
activities supported by the Government of 
the United States in accordance with such 
Act (other than the international broad-
casting activities supported by the Broad-
casting Board of Governors as specified in 
such Act); or
(iii) receives grants or other similar 
funding from the Government of the 
United States to carry out any information 
dissemination activities. 
(14) UNITED STATES-SUPPORTED WEBSITE.— 
The term ‘‘United States-supported website’’ means 
a location on the World Wide Web that is owned or 
managed by, or is registered to, a United States- 
supported information entity. 
SEC. 4. SEVERABILITY. 
If any provision of this Act, or the application of such 
provision to any person or circumstance, is held invalid, 
the remainder of this Act, and the application of such pro-
vision to other persons not similarly situated or to other 
circumstances, shall not be affected by such invalidation. 
TITLE I—PROMOTION OF 
GLOBAL INTERNET FREEDOM 
SEC. 101. STATEMENT OF POLICY. 
It shall be the policy of the United States— 
(1) to promote the ability of all to access and 
contribute information, ideas, and knowledge via the 
Internet and to advance the right to receive and im-
part information and ideas through any media and 
regardless of frontiers as a fundamental component 
of United States foreign policy;
(2) to use all instruments of United States in-
fluence, including diplomacy, trade policy, and ex-
port controls, to support, promote, and strengthen 
principles, practices, and values that promote the 
free flow of information; and 
(3) to prohibit any United States businesses 
from cooperating with officials of Internet-restricting 
countries in effecting the political censorship of on-
line content. 
SEC. 102. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the President should commence negotiations 
in appropriate international fora, including the Or-
ganization of Economic Cooperation and Develop-
ment (OECD), the World Trade Organization 
(WTO), the United Nations World Summit on the 
Information Society (WSIS), and the Internet Gov-
ernance Forum (IGF), to obtain the agreement of 
other countries to enact legislation similar to this 
Act and to pursue the development of international 
agreements protecting Internet freedom; and 
(2) to the extent that a United States business 
empowers or assists an authoritarian foreign govern-
ment in its efforts to restrict online access to the 
Web sites of Radio Free Asia, the Voice of America,
or other United States-supported Web sites and on-
line access to United States Government reports 
such as the Annual Country Reports on Human 
Rights Practices and the International Religious 
Freedom Report, that business is working contrary 
to the foreign policy interests of the United States, 
and is undercutting United States taxpayer-funded 
efforts to promote freedom of information for all 
people, including those in undemocratic and repres-
sive societies. 
SEC. 103. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 
PRACTICES. 
(a) REPORT
RELATING
TO
ECONOMIC
ASSIST-
ANCE.—Section 116 of the Foreign Assistance Act of 
1961 (22 U.S.C. 2151n) is amended by adding at the end 
the following new subsection: 
‘‘(g)(1) The report required by subsection (d) shall 
include an assessment of the freedom of electronic infor-
mation in each foreign country. Such assessment shall in-
clude the following: 
‘‘(A) An assessment of the general extent to 
which Internet access is available to and used by 
citizens in that country. 
‘‘(B) An assessment of the extent to which gov-
ernment authorities in that country attempt to filter,
censor, or otherwise block Internet content, as well 
as a description of the means by which they attempt 
to block such content. 
‘‘(C) A description of known instances in which 
government authorities in that country have per-
secuted, prosecuted, or otherwise punished a person 
or group for the peaceful expression of political, reli-
gious, or dissenting views via the Internet, including 
electronic mail. 
‘‘(2) In compiling data and making assessments for 
the purposes of paragraph (1), United States diplomatic 
mission personnel shall consult with human rights organi-
zations and other appropriate nongovernmental organiza-
tions.’’. 
(b) REPORT RELATING TO SECURITY ASSISTANCE.— 
Section 502B of the Foreign Assistance Act of 1961 (22 
U.S.C. 2304) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(i)(1) The report required by subsection (b) shall in-
clude an assessment of the freedom of electronic informa-
tion in each foreign country. Such assessment shall in-
clude the following: 
‘‘(A) An assessment of the general extent to 
which Internet access is available to and used by 
citizens in that country.
‘‘(B) An assessment of the extent to which gov-
ernment authorities in that country attempt to filter, 
censor, or otherwise block Internet content, as well 
as a description of the means by which they attempt 
to block such content. 
‘‘(C) A description of known instances in which 
government authorities in that country have per-
secuted, prosecuted, or otherwise punished a person 
or group for the peaceful expression of political, reli-
gious, or dissenting views via the Internet, including 
electronic mail. 
‘‘(2) In compiling data and making assessments for 
the purposes of paragraph (1), United States diplomatic 
mission personnel shall consult with human rights organi-
zations and other appropriate nongovernmental organiza-
tions.’’. 
SEC. 104. OFFICE OF GLOBAL INTERNET FREEDOM. 
(a) ESTABLISHMENT.—There is established in the 
Department of State the Office of Global Internet Free-
dom (in this section referred to as the ‘‘Office’’). 
(b) DUTIES.—In addition to such other responsibil-
ities as the President may assign, the Office shall— 
(1) serve as the focal point for interagency ef-
forts to protect and promote freedom of electronic 
information abroad;
(2) develop and implement a global strategy to 
combat state-sponsored and state-directed Internet 
jamming by authoritarian foreign governments, and 
the intimidation and persecution by such govern-
ments of their citizens who use the Internet; 
(3) provide assistance to the President in con-
nection with the annual designation of Internet-re-
stricting countries required by section 105(a) of this 
Act; 
(4) beginning not later than 180 days after the 
date of the enactment of this Act— 
(A) identify key words, terms, and phrases 
relating to human rights, democracy, religious 
free exercise, and peaceful political dissent, both 
in general and as specifically related to the par-
ticular context and circumstances of each Inter-
net-restricting country, for purposes of compli-
ance by United States businesses with the re-
quirements of section 202 of this Act; and 
(B) maintain, update, and make publicly 
available on a regular basis the key words, 
terms, and phrases identified pursuant to sub-
paragraph (A); 
(5) establish mechanisms by which United 
States businesses can transmit to the Office the in-
formation required to be reported by sections 203 
and 205 of this Act; 
(6) work with appropriate technology companies 
involved in providing, maintaining, or servicing the 
Internet, human rights organizations, academic ex-
perts, and others to develop a voluntary code of min-
imum corporate standards related to Internet free-
dom; and 
(7) advise the appropriate congressional com-
mittees of legislative action that may be necessary to 
keep the provisions of this Act and the amendments 
made by this Act relevant to changing technologies. 
(c) COOPERATION
OF OTHER FEDERAL DEPART-
MENTS AND AGENCIES.—Each department and agency of 
the Government of the United States, including the De-
partment of Commerce, the Office of the United States 
Trade Representative, the Department of Justice, the 
International Broadcasting Bureau, and the Office of the 
Director of National Intelligence, shall— 
(1) cooperate fully with, and assist in the imple-
mentation of, the duties of the Office described in 
subsection (b), including the strategy developed by 
the Office pursuant to paragraph (2) of subsection 
(b); and
(2) make such resources and information avail-
able to the Office as is necessary to achieve the pur-
poses of this Act and the amendments made by this 
Act. 
(d) DEFINITION.—In this section, the term ‘‘appro-
priate congressional committees’’ means— 
(1) the Committee on International Relations 
and the Committee on Energy and Commerce of the 
House of Representatives; and 
(2) the Committee on Foreign Relations and 
the Committee on Commerce, Science, and Trans-
portation of the Senate. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Office to carry 
out this section such sums as may be necessary for fiscal 
year 2007 and each subsequent fiscal year. 
SEC. 105. ANNUAL DESIGNATION OF INTERNET-RESTRICT-
ING COUNTRIES; REPORT. 
(a) DESIGNATION.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, and an-
nually thereafter, the President shall designate 
Internet-restricting countries for purposes of this 
Act.
(2) STANDARD.—A foreign country shall be 
designated as an Internet-restricting country if the 
President determines that the government of the 
country is directly or indirectly responsible for a sys-
tematic pattern of substantial restrictions on Inter-
net freedom during the preceding one-year period. 
(3) INITIAL DESIGNEES.— 
(A) IN GENERAL.—Each of the countries 
specified in subparagraph (B) shall be deemed 
to be designated as an Internet-restricting 
country pursuant to paragraph (1) beginning 
on the date of the enactment of this Act and 
ending on the date on which the President cer-
tifies to the appropriate congressional commit-
tees that the country involved is no longer di-
rectly or indirectly responsible for a systematic 
pattern of substantial restrictions on Internet 
freedom. 
(B) COUNTRIES.—The countries referred 
to in subparagraph (A) are Burma, the People’s 
Republic of China, Iran, North Korea, Tunisia, 
Uzbekistan, and Vietnam. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, and an-
nually thereafter, the President shall transmit to the 
appropriate congressional committees a report that 
contains the following: 
(A) The name of each foreign country that 
at the time of the transmission of the report is 
designated as an Internet-restricting country 
pursuant to subsection (a). 
(B) An identification of each government 
agency and quasi-government organization re-
sponsible for the substantial restrictions on 
Internet freedom in each foreign country des-
ignated as an Internet-restricting country pur-
suant to subsection (a). 
(C) A description of efforts by the United 
States to counter the substantial restrictions on 
Internet freedom referred to in subparagraph 
(B). 
(2) FORM.—The information required by para-
graph (1)(C) of the report may be provided in a 
classified form if necessary. 
(3) INTERNET AVAILABILITY.—All unclassified 
portions of the report shall be made publicly avail-
able on the Internet Web site of the Department of 
State.
TITLE II—MINIMUM CORPORATE 
STANDARDS 
FOR 
ONLINE 
FREEDOM 
SEC. 201. PROTECTION OF SEARCH ENGINES AND CONTENT 
SERVICES. 
Any United States business that creates, provides, or 
hosts any Internet search engine or maintains an Internet 
content hosting service may not locate, within a designated 
Internet-restricting country, any computer hardware used 
to house, store, serve, or maintain files or other data in-
volved in providing such search engine or content hosting 
service. 
SEC. 202. INTEGRITY OF SEARCH ENGINES. 
Any United States business that creates, provides, or 
hosts any Internet search engine may not alter the oper-
ation of such search engine with respect to protected filter 
terms either— 
(1) at the request of, or by reason of any other 
direct or indirect communication by, of a foreign of-
ficial of an Internet-restricting country; or 
(2) in a manner intended or likely to produce 
different search engine results for users accessing 
the search engine from within an Internet-restricting 
country as compared to users elsewhere.
SEC. 203. TRANSPARENCY REGARDING SEARCH ENGINE 
FILTERING. 
Any United States business that creates, provides, or 
hosts an Internet search engine shall provide the Office 
of Global Internet Freedom, in a format and with a fre-
quency to be specified by the Office, with all terms and 
parameters submitted, entered, or otherwise provided by 
any foreign official of an Internet-restricting country, that 
are used to filter, limit, or otherwise affect the results pro-
vided by the search engine when used by other users. 
SEC. 204. PROTECTION OF UNITED STATES-SUPPORTED ON-
LINE CONTENT. 
A United States business that maintains an Internet 
content hosting service may not conduct Internet jamming 
of a United States-supported website or United States- 
supported content in an Internet restricting country. 
SEC. 205. TRANSPARENCY REGARDING INTERNET CENSOR-
SHIP. 
Any United States business that maintains an Inter-
net content hosting service shall provide the Office of 
Global Internet Freedom, in a format and with a fre-
quency to be specified by the Office, with copies of all data 
and content that such business has, at the request of, or 
by reason of any other direct or indirect communication 
by, any foreign official of an Internet-restricting coun-
try—
(1) removed from the content hosting service of 
such business; 
(2) blocked from availability on the Internet; or 
(3) blocked from transmission via the Internet 
into or within an Internet-restricting country. 
SEC. 206. INTEGRITY OF USER IDENTIFYING INFORMATION. 
(a) USER PROTECTION.—Any United States business 
that maintains an Internet content hosting service may 
not provide to any foreign official of an Internet-restrict-
ing country information that personally identifies a par-
ticular user of such content hosting service, except for le-
gitimate foreign law enforcement purposes as determined 
by the Department of Justice. 
(b) PRIVATE RIGHT OF ACTION.—Any person ag-
grieved by a violation of this section may bring an action 
for damages, including punitive damages, or other appro-
priate relief in the appropriate district court of the United 
States, without regard to the amount in controversy, and 
without regard to the citizenship of the parties. 
SEC. 207. PENALTIES. 
(a) CIVIL PENALTIES.—(1) Any United States busi-
ness or United States person that violates section 206(a) 
shall be fined not more than $2,000,000. 
(2) Any United States business or United States per-
son that violates sections 201, 202, 203, 204 or 205 shall
be subject to a civil penalty of not more than $10,000 im-
posed in an action brought by the Attorney General. 
(b) CRIMINAL PENALTIES.—(1) Any United States 
business that willfully violates, or willfully attempts to vio-
late section 206(a) shall be fined not more than 
$2,000,000, or if a natural person who is an officer, direc-
tor, employee, or agent of a United States business, or 
stockholder acting on behalf of such United States busi-
ness, shall be fined not more than $100,000, or impris-
oned not more than 5 years, or both. 
(2) Any United States business that willfully violates, 
or willfully attempts to violate section 201, 202, 203, 204 
or 205 of this Act shall be fined not more than $10,000, 
or if a natural person who is an officer, director, employee, 
or agent of a United States business, or stockholder acting 
on behalf of such United States business, shall be fined 
not more than $10,000, or imprisoned not more than 1 
year, or both. 
(3) Whenever a fine is imposed under paragraph (2) 
upon any officer, director, employee, agent, or stockholder 
of a United States business, such fine may not be paid, 
directly or indirectly, by such United States business.
TITLE III—EXPORT CONTROLS 
FOR INTERNET-RESTRICTING 
COUNTRIES 
SEC. 301. ESTABLISHMENT OF EXPORT CONTROLS. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of State, in consultation 
with the Secretary of Commerce, shall promulgate regula-
tions to ensure the establishment of appropriate foreign 
policy control and export license requirements before any 
person subject to the jurisdiction of the United States may 
knowingly export any item subject to sections 730 through 
774 of title 15, Code of Federal Regulations (commonly 
known as the ‘‘Export Administration Regulations’’) to an 
end user in an Internet-restricting country for the pur-
pose, in whole or in part, of facilitating Internet censor-
ship. 
SEC. 302. REPORT. 
Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of State, in consultation 
with the Secretary of Commerce, shall submit to the ap-
propriate congressional committees a report describing the 
actions taken to implement the requirements of section 
301 of this Act. 
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