SEC. 102. ACTION BY ATTORNEY GENERAL TO PROTECT 
U.S. CUSTOMERS AND PREVENT U.S. SUP-
PORT OF FOREIGN INFRINGING SITES. 
(a) DEFINITION.—For purposes of this section, a for-
eign Internet site or portion thereof is a ‘‘foreign infring-
ing site’’ if— 
(1) the Internet site or portion thereof is a 
U.S.-directed site and is used by users in the United 
States; 
(2) the owner or operator of such Internet site 
is committing or facilitating the commission of 
criminal violations punishable under section 2318, 
2319, 2319A, 2319B, or 2320, or chapter 90, of 
title 18, United States Code; and 
(3) the Internet site would, by reason of acts 
described in paragraph (1), be subject to seizure in 
the United States in an action brought by the Attor-
ney General if such site were a domestic Internet 
site. 
(b) ACTION BY THE ATTORNEY GENERAL.— 
(1) IN PERSONAM.—The Attorney General may 
commence an in personam action against— 
(A) a registrant of a domain name used by 
a foreign infringing site; or 
(B) an owner or operator of a foreign in-
fringing site. 
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(2) IN REM.—If through due diligence the At-
torney General is unable to find a person described 
in subparagraph (A) or (B) of paragraph (1), or no 
such person found has an address within a judicial 
district of the United States, the Attorney General 
may commence an in rem action against a foreign 
infringing site or the foreign domain name used by 
such site. 
(3) NOTICE.—Upon commencing an action 
under this subsection, the Attorney General shall 
send a notice of the alleged violation and intent to 
proceed under this section— 
(A) to the registrant of the domain name 
of the Internet site— 
(i) at the postal and electronic mail 
addresses appearing in the applicable pub-
licly accessible database of registrations, if 
any, and to the extent such addresses are 
reasonably available; and 
(ii) via the postal and electronic mail 
addresses of the registrar, registry, or 
other domain name registration authority 
that registered or assigned the domain 
name of the Internet site, to the extent 
such addresses are reasonably available; or 
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(B) to the owner or operator of the Inter-
net site— 
(i) at the primary postal and elec-
tronic mail addresses for such owner or op-
erator that is provided on the Internet site, 
if any, and to the extent such addresses 
are reasonably available; or 
(ii) if there is no domain name of the 
Internet site, via the postal and electronic 
mail addresses of the Internet Protocol al-
location entity appearing in the applicable 
publicly accessible database of allocations 
and assignments, if any, and to the extent 
such addresses are reasonably available; or 
(C) in any other such form as the court 
may provide, including as may be required by 
rule 4(f) of the Federal Rules of Civil Proce-
dure. 
(4) SERVICE
OF
PROCESS.—For purposes of 
this section, the actions described in this subsection 
shall constitute service of process. 
(5) RELIEF.—On application of the Attorney 
General following the commencement of an action 
under this section, the court may issue a temporary 
restraining order, a preliminary injunction, or an in-
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junction, in accordance with rule 65 of the Federal 
Rules of Civil Procedure, against a registrant of a 
domain name used by the foreign infringing site or 
an owner or operator of the foreign infringing site 
or, in an action brought in rem under paragraph 
(2), against the foreign infringing site or a portion 
of such site, or the domain name used by such site, 
to cease and desist from undertaking any further ac-
tivity as a foreign infringing site. 
(c) ACTIONS BASED ON COURT ORDERS.— 
(1) SERVICE.—A process server on behalf of 
the Attorney General, with prior approval of the 
court, may serve a copy of a court order issued pur-
suant to this section on similarly situated entities 
within each class described in paragraph (2). Proof 
of service shall be filed with the court. 
(2) 
REASONABLE
MEASURES.—After 
being 
served with a copy of an order pursuant to this sub-
section, the following shall apply: 
(A) SERVICE PROVIDERS.— 
(i) IN GENERAL.—A service provider 
shall take technically feasible and reason-
able measures designed to prevent access 
by its subscribers located within the 
United States to the foreign infringing site 
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(or portion thereof) that is subject to the 
order, including measures designed to pre-
vent the domain name of the foreign in-
fringing site (or portion thereof) from re-
solving to that domain name’s Internet 
Protocol address. Such actions shall be 
taken as expeditiously as possible, but in 
any case within 5 days after being served 
with a copy of the order, or within such 
time as the court may order. 
(ii) LIMITATIONS.—A service provider 
shall not be required— 
(I) other than as directed under 
this subparagraph, to modify its net-
work, software, systems, or facilities; 
(II) to take any measures with 
respect to domain name resolutions 
not performed by its own domain 
name server; or 
(III) to continue to prevent ac-
cess to a domain name to which ac-
cess has been effectively disabled by 
other means. 
(iii) CONSTRUCTION.—Nothing in this 
subparagraph shall affect the limitation on 
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(5) IMMUNITY.— 
(A) IMMUNITY FROM SUIT.—Other than in 
an action pursuant to paragraph (4), no cause 
of action shall lie in any Federal or State court 
or administrative agency against any entity 
served with a copy of a court order issued 
under this subsection, or against any director, 
officer, employee, or agent thereof, for any act 
reasonably designed to comply with this sub-
section or reasonably arising from such order. 
(B) IMMUNITY
FROM
LIABILITY.—Other 
than in an action pursuant to paragraph (4)— 
(i) any entity served with a copy of an 
order under this subsection, and any direc-
tor, officer, employee, or agent thereof, 
shall not be liable for any act reasonably 
designed to comply with this subsection or 
reasonably arising from such order; and 
(ii) any— 
(I) actions taken by customers of 
such entity to circumvent any restric-
tion on access to the foreign infring-
ing site, or portion thereof, that is 
subject to such order, that is insti-
tuted pursuant to this subsection, or 
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(II) act, failure, or inability to re-
strict access to a foreign infringing 
site, or portion thereof, that is subject 
to such order, in spite of good faith 
efforts to comply with such order by 
such entity, 
shall not be used by any person in any 
claim or cause of action against such enti-
ty. 
(d) MODIFICATION OR VACATION OF ORDERS.— 
(1) IN
GENERAL.—At any time after the 
issuance of an order under subsection (b), a motion 
to modify, suspend, or vacate the order may be filed 
by— 
(A) any person, or owner or operator of 
property, that is subject to the order; 
(B) any registrant of the domain name, or 
the owner or operator, of the Internet site that 
is subject to the order; 
(C) any domain name registrar, registry, 
or other domain name registration authority 
that has registered or assigned the domain 
name of the Internet site that is subject to the 
order; or 
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