I 
112TH CONGRESS 
2D SESSION 
H. R. 3782 
To amend the Tariff Act of 1930 to address unfair trade practices relating 
to infringement of copyrights and trademarks by certain Internet sites, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 18, 2012 
Mr. ISSA (for himself, Mr. CAMPBELL, Mr. CHAFFETZ, Mr. DOGGETT, Mr. 
DOYLE, Ms. ESHOO, Mr. FARENTHOLD, Mr. HONDA, Ms. ZOE LOFGREN 
of California, Ms. MATSUI, Mr. POLIS, Ms. SPEIER, Mr. THOMPSON of 
California, Mr. JOHNSON of Illinois, Mr. STARK, Mr. LANGEVIN, Mr. 
MCHENRY, Mr. GEORGE MILLER of California, Mr. ROSS of Florida, Mr. 
SENSENBRENNER, Mr. HASTINGS of Florida, Mr. BACHUS, Mr. ELLISON, 
Mr. GRIJALVA, Mr. DEFAZIO, and Ms. WOOLSEY) introduced the fol-
lowing bill; which was referred to the Committee on Ways and Means, 
and in addition to the Committee on the Judiciary, 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 amend the Tariff Act of 1930 to address unfair trade 
practices relating to infringement of copyrights and 
trademarks by certain Internet sites, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Online Protection and 
Enforcement of Digital Trade Act’’ or the ‘‘OPEN Act’’. 
SEC. 2. UNFAIR TRADE PRACTICES RELATING TO IN-
FRINGEMENT OF COPYRIGHTS AND TRADE-
MARKS BY CERTAIN INTERNET SITES. 
(a) IN GENERAL.—Title III of the Tariff Act of 1930 
(19 U.S.C. 1304 et seq.) is amended by inserting after 
section 337 the following: 
‘‘SEC. 337A. UNFAIR TRADE PRACTICES RELATING TO IN-
FRINGEMENT OF COPYRIGHTS AND TRADE-
MARKS BY CERTAIN INTERNET SITES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COMPLAINANT.—The term ‘complainant’ 
means a person who files a complaint with the Com-
mission under subsection (d). 
‘‘(2) DOMAIN NAME.—The term ‘domain name’ 
has the meaning given that term in section 45 of the 
Lanham Act (15 U.S.C. 1127). 
‘‘(3) FINANCIAL TRANSACTION PROVIDER.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘financial trans-
action provider’ has the meaning given that 
term in section 5362(4) of title 31, United 
States Code. 
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‘‘(B) EXCEPTION.—The term ‘financial 
transaction provider’ does not include an Inter-
net service platform or an affiliate of an Inter-
net service platform. 
‘‘(4) INFRINGING ACTIVITY.—The term ‘infring-
ing activity’ means an activity that— 
‘‘(A) infringes a copyright in a manner 
punishable under section 506 of title 17, United 
States Code; 
‘‘(B) violates section 1201 of title 17, 
United States Code; or 
‘‘(C) uses counterfeit marks in a manner 
punishable under section 34(d) of the Lanham 
Act (15 U.S.C. 1116(d)). 
‘‘(5) INTERNET
ADVERTISING
SERVICE.—The 
term ‘Internet advertising service’ means a service 
that serves an online advertisement in viewable form 
for any period of time on an Internet site that is not 
owned or controlled by the Internet advertising serv-
ice. 
‘‘(6) 
INTERNET
SERVICE
PLATFORM.—The 
term ‘Internet service platform’ means an interactive 
digital service the provider of which— 
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‘‘(A) does not act merely as a payment 
intermediary between a user and a supplier of 
goods or services; and 
‘‘(B) provides additional services to facili-
tate interaction between users unrelated to pur-
chases from suppliers of goods and services. 
‘‘(7) INTERNET SITE.—The term ‘Internet site’ 
means the collection of digital assets, including links, 
indexes, or pointers to digital assets, accessible 
through the Internet that are addressed relative to 
a common domain name. 
‘‘(8) INTERNET SITE DEDICATED TO INFRING-
ING ACTIVITY.— 
‘‘(A) IN
GENERAL.—The term ‘Internet 
site dedicated to infringing activity’ means an 
Internet site that— 
‘‘(i) is accessed through a non-
domestic domain name; 
‘‘(ii) conducts business directed to 
residents of the United States; and 
‘‘(iii) has only limited purpose or use 
other than engaging in infringing activity 
and whose owner or operator primarily 
uses the site— 
‘‘(I) to willfully— 
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‘‘(aa) infringe a copyright in 
a manner punishable under sec-
tion 506 of title 17, United 
States Code; or 
‘‘(bb) violate section 1201 of 
title 17, United States Code; or 
‘‘(II) to use counterfeit marks in 
a manner punishable under section 
34(d) of the Lanham Act (15 U.S.C. 
1116(d)). 
‘‘(B) BUSINESS DIRECTED TO RESIDENTS 
OF THE UNITED STATES.—For purposes of de-
termining whether an Internet site conducts 
business directed to residents of the United 
States under subparagraph (A)(ii), the Commis-
sion may consider, among other indicators, 
whether— 
‘‘(i) the Internet site is providing 
goods or services to users located in the 
United States; 
‘‘(ii) there is evidence that the Inter-
net site is not intended to provide goods 
and services to such users or access to or 
delivery of goods and services to such 
users; 
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‘‘(iii) the Internet site has reasonable 
measures in place to prevent goods and 
services provided by the Internet site from 
being accessed from or delivered to the 
United States; 
‘‘(iv) the Internet site offers services 
obtained in the United States; and 
‘‘(v) any prices for goods and services 
provided by the Internet site are indicated 
in the currency of the United States. 
‘‘(C) EXCLUSIONS.—An Internet site is 
not an Internet site dedicated to infringing ac-
tivity— 
‘‘(i) if the Internet site has a practice 
of expeditiously removing, or disabling ac-
cess to, material that is claimed to be in-
fringing or to be the subject of infringing 
activity after notification by the owner of 
the copyright or trademark alleged to be 
infringed or its authorized representative; 
‘‘(ii) because the Internet site engages 
in an activity that would not make the op-
erator liable for monetary relief for infring-
ing a copyright under section 512 of title 
17, United States Code; or 
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‘‘(iii) because of the distribution by 
the Internet site of copies that were made 
without infringing a copyright or trade-
mark. 
‘‘(9) LANHAM ACT.—The term ‘Lanham Act’ 
means the Act entitled ‘An Act to provide for the 
registration and protection of trademarks used in 
commerce, to carry out the provisions of certain 
international conventions, and for other purposes’, 
approved July 5, 1946 (15 U.S.C. 1051 et seq.) 
(commonly referred to as the ‘Trademark Act of 
1946’ or the ‘Lanham Act’). 
‘‘(10) 
NONDOMESTIC
DOMAIN
NAME.—The 
term ‘nondomestic domain name’ means a domain 
name for which the domain name registry that 
issued the domain name and operates the relevant 
top level domain, the domain name registrar for the 
domain name, and the owner and the operator of the 
Internet site associated with the domain name, are 
not located in the United States. 
‘‘(11) OPERATOR.—The term ‘operator’, when 
used in connection with an Internet site, includes 
any person with authority to operate the Internet 
site. 
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‘‘(12) OWNER.—The term ‘owner’, when used 
in connection with an Internet site, includes any 
owner of a majority interest in the Internet site. 
‘‘(13) TRADEMARK.—The term ‘trademark’ has 
the meaning given that term in section 45 of the 
Lanham Act (15 U.S.C. 1127). 
‘‘(b) APPLICABILITY OF SECTION.—It shall be a vio-
lation of this section to operate or maintain an Internet 
site dedicated to infringing activity. If the Commission de-
termines that there has been a violation of this subsection, 
that violation shall be dealt with as provided in this sec-
tion. 
‘‘(c) INVESTIGATION
OF VIOLATIONS
BY COMMIS-
SION.— 
‘‘(1) IN GENERAL.—The Commission— 
‘‘(A) may investigate an alleged violation 
of subsection (b) on its own initiative; and 
‘‘(B) shall investigate any alleged violation 
of subsection (b) upon receiving a complaint 
filed under subsection (d). 
‘‘(2) PROCEDURES.—An investigation initiated 
under paragraph (1) shall be subject to the require-
ments of section 337(b)(1) with respect to notice of 
investigations and timing of determinations. 
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‘‘(3) CONSULTATIONS.—In conducting an inves-
tigation initiated under paragraph (1), the Commis-
sion may consult with, and seek advice and informa-
tion from, the Attorney General, the Secretary of 
State, the Secretary of Homeland Security, the Sec-
retary of Commerce, the Intellectual Property En-
forcement Coordinator, the United States Trade 
Representative, and such other officials as the Com-
mission considers appropriate. 
‘‘(4) TERMINATION
OF
INVESTIGATIONS; RE-
FERRAL.—If the Commission has reason to believe, 
based on information before the Commission, that 
the domain name associated with an Internet site 
that is the subject of a complaint filed under sub-
section (d) is not a nondomestic domain name, the 
Commission shall terminate, or not initiate, an in-
vestigation with respect to the complaint, and shall 
refer the matter, including any evidentiary record 
that the Commission has developed, to the Attorney 
General for such further proceedings as the Attorney 
General determines appropriate. 
‘‘(5) LIMITATION ON INVESTIGATIONS OF DO-
MAIN
NAMES; CONSENT
TO
JURISDICTION.—Not-
withstanding any other provision of this section, the 
Commission shall terminate, or not initiate, an in-
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vestigation under paragraph (1) with respect to a 
domain name— 
‘‘(A) if the operator of the Internet site as-
sociated with the domain name provides in a 
legal notice on the site accurate information 
consisting of— 
‘‘(i) the name of an individual author-
ized to receive process on behalf of the site; 
‘‘(ii) an address at which process may 
be served; 
‘‘(iii) a telephone number at which the 
individual described in clause (i) may be 
contacted; and 
‘‘(iv) a statement that the operator of 
the site— 
‘‘(I) consents to the jurisdiction 
and venue of the United States dis-
trict courts with respect to a violation 
punishable under section 506 of title 
17, United States Code, a criminal of-
fense under section 1204 of title 17, 
United States Code, for a violation of 
section 1201 of such title, or a viola-
tion of section 2320 of title 18 of such 
Code; and 
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‘‘(II) will accept service of proc-
ess from the Attorney General with 
respect to those violations and the of-
fense set forth in subclause (I); and 
‘‘(B) provided that, in the event of the fil-
ing of any civil action in the appropriate United 
States district court— 
‘‘(i) for infringement of copyright 
under section 501 of title 17, United 
States Code, 
‘‘(ii) under section 1203 of title 17, 
United States Code, for a violation of sec-
tion 1201 of such title, or 
‘‘(iii) under section 32(1) of the 
Lanham Act, 
accepts service and waives, in a timely manner, 
any objections to jurisdiction as set forth in the 
statement described in subparagraph (A)(iv). 
‘‘(d) COMPLAINTS.— 
‘‘(1) IN GENERAL.—A complaint alleging, under 
oath, that an Internet site dedicated to infringing 
activity is being operated or maintained in violation 
of subsection (b) may be filed with the Commission 
by the owner of a copyright or trademark that is the 
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subject of the infringing activity alleged in the com-
plaint. 
‘‘(2) NOTICE TO OWNER OR REGISTRANT OF 
DOMAIN NAME OF INTERNET SITE ALLEGED TO BE 
VIOLATING THIS SECTION.— 
‘‘(A) IN
GENERAL.—Upon filing a com-
plaint under paragraph (1), the complainant 
shall send a notice of the violation alleged in 
the complaint to the owner or registrant of the 
domain name of the Internet site alleged to be 
operated or maintained in violation of sub-
section (b)— 
‘‘(i) at the postal and e-mail addresses 
appearing in the applicable publicly acces-
sible database of registrations, if any, to 
the extent such addresses are reasonably 
available; 
‘‘(ii) via the postal and e-mail ad-
dresses of the registrar, registry, or other 
domain name registration authority that 
registered or assigned the domain name, to 
the extent such addresses are reasonably 
available; and 
‘‘(iii) in any other such form as the 
Commission finds necessary. 
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‘‘(B) RULE OF CONSTRUCTION.—For pur-
poses of this subsection, the actions described 
in this paragraph shall constitute service of 
process. 
‘‘(3) IDENTIFICATION OF, AND NOTICE TO, EN-
TITIES THAT MAY BE REQUIRED TO TAKE ACTION 
PURSUANT TO THIS SECTION.— 
‘‘(A) IDENTIFICATION.—A complaint filed 
under paragraph (1) shall identify any financial 
transaction provider or Internet advertising 
service that may be required to take measures 
described in subsection (g)(2) if the Commis-
sion issues an order under subsection (f) with 
respect to the complaint and the order is served 
on the provider or service pursuant to sub-
section (g)(1). 
‘‘(B) NOTICE.—Upon filing a complaint 
under paragraph (1), the complainant shall pro-
vide notice to any financial transaction provider 
or Internet advertising service identified in the 
complaint pursuant to subparagraph (A) or any 
amendments to the complaint. 
‘‘(C) INTERVENTION.— 
‘‘(i) IN GENERAL.—A financial trans-
action provider or Internet advertising 
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service identified in a complaint pursuant 
to subparagraph (A) may intervene upon 
timely request filed with the Commission 
in— 
‘‘(I) an investigation initiated 
under subsection (c) pursuant to the 
complaint; or 
‘‘(II) 
pursuant 
to 
subsection 
(f)(3), an action to modify, suspend, 
or vacate an order issued pursuant to 
the complaint. 
‘‘(ii) RULE OF CONSTRUCTION.—Fail-
ure to intervene under clause (i) in an in-
vestigation under subsection (c) does not 
preclude a financial transaction provider or 
Internet advertising service notified of the 
investigation from subsequently seeking an 
order to modify, suspend, or terminate an 
order issued by the Commission under sub-
section (f). 
‘‘(e) DETERMINATIONS.— 
‘‘(1) IN GENERAL.—The Commission shall de-
termine, with respect to each investigation initiated 
under subsection (c) alleging that an Internet site 
dedicated to infringing activity is operated or main-
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tained in violation of subsection (b), whether or not 
the Internet site is operated or maintained in viola-
tion of subsection (b). 
‘‘(2) EXCEPTIONS AND PROCEDURES RELATING 
TO
DETERMINATIONS.—Except as specifically pro-
vided in this subsection, the provisions of the first, 
second, third, and eighth sentences of subsection (c) 
of section 337 providing for exceptions and proce-
dures relating to determinations of the Commission 
under that section shall apply with respect to a de-
termination under paragraph (1) to the same extent 
and in the same manner as those provisions apply 
to determinations under section 337. 
‘‘(3) EFFECTIVE DATE.—A determination made 
under paragraph (1) shall take effect on the date on 
which the Commission publishes the determination 
in the Federal Register. 
‘‘(4) REFERRALS TO PRESIDENT; TERMINATION 
FOR DISAPPROVAL.— 
‘‘(A) IN GENERAL.—If the Commission de-
termines under paragraph (1) that an Internet 
site dedicated to infringing activity is operated 
or maintained in violation of subsection (b), the 
Commission shall promptly submit to the Presi-
dent or a copy of the determination, the record 
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upon which the determination is based, and any 
order issued under subsection (f) pursuant to 
the determination. 
‘‘(B) TERMINATION
OF
DETERMINATION 
BASED
ON
DISAPPROVAL
OF
PRESIDENT.—If 
the President disapproves of a determination of 
the Commission for policy reasons and notifies 
the Commission of that disapproval, the deter-
mination and any order issued pursuant to the 
determination shall cease to have force or effect 
on the date on which the President notifies the 
Commission of that disapproval. 
‘‘(5) ELECTRONIC
SUBMISSION
OF
INFORMA-
TION AND PROCEEDINGS.—The Commission may, in 
making any determination under this section— 
‘‘(A) allow the submission of information 
electronically; and 
‘‘(B) hold hearings electronically or obtain 
testimony or other information electronically or 
by such means as the Commission determines 
allows participation in proceedings under this 
section at as low a cost as possible to partici-
pants in the proceedings. 
‘‘(6) ADDITIONAL PROCEDURES RELATING TO 
REVIEW
OF
CERTAIN
DETERMINATIONS.—Notwith-
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standing the provisions of this subsection or any 
provision of section 337(c), a determination of the 
Commission under this section with respect to the 
appropriate remedy provided by the Commission, a 
determination under subsection (f)(2) with respect 
to the forfeiture of a bond, and a determination 
under subsection (i) with respect to the imposition 
of sanctions for abuse of discovery or abuse of proc-
ess, shall be reviewable in accordance with section 
706 of title 5, United States Code. 
‘‘(f) CEASE AND DESIST ORDERS.— 
‘‘(1) IN GENERAL.—If the Commission deter-
mines under subsection (e) that an Internet site 
dedicated to infringing activity is operated or main-
tained in violation of subsection (b), the Commission 
may— 
‘‘(A) issue an order to cease and desist the 
infringing activity of the Internet site against 
the Internet site and to the owner and the oper-
ator of the Internet site; and 
‘‘(B) cause the order to be served on the 
owner and the operator. 
‘‘(2) TEMPORARY
AND
PRELIMINARY
CEASE 
AND DESIST ORDERS.— 
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‘‘(A) 
PETITION
BY
COMPLAINANT.—A 
complainant may file with the chairperson of 
the Commission (or the designee of the chair-
person) a petition, in accordance with this para-
graph, for the issuance of a temporary or pre-
liminary order against the Internet site and to 
the owner and the operator of the Internet site 
to cease and desist the infringing activity al-
leged in the complaint filed under subsection 
(d). 
‘‘(B) ISSUANCE OF ORDER.—If, upon re-
ceiving a petition under subparagraph (A) and 
after providing an opportunity to be heard 
under subparagraph (C), the chairperson of the 
Commission (or the designee of the chair-
person) determines that there is reason to be-
lieve that an Internet site dedicated to infring-
ing activity is operated or maintained in viola-
tion of subsection (b), the chairperson of the 
Commission (or the designee of the chair-
person) may issue a temporary or preliminary 
cease and desist order against, and cause the 
order to be served on, the Internet site and the 
owner and the operator of the Internet site. 
‘‘(C) OPPORTUNITY TO BE HEARD.— 
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‘‘(i) IN GENERAL.—Before issuing a 
temporary or preliminary cease and desist 
order under this paragraph, the chair-
person of the Commission (or the designee 
of the chairperson) shall provide to the 
owner and the operator of the Internet site 
alleged to be operated or maintained in 
violation of subsection (b) an opportunity 
to be heard and to submit relevant infor-
mation to the chairperson of the Commis-
sion (or the designee of the chairperson). 
‘‘(ii) ELECTRONIC SUBMISSION OF IN-
FORMATION
AND
PROCEEDINGS.—The 
chairperson of the Commission (or the des-
ignee of the chairperson) may provide an 
opportunity to be heard and to submit in-
formation under clause (i) electronically or 
in such other manner as the chairperson of 
the Commission (or the designee of the 
chairperson) determines appropriate. 
‘‘(D) STANDARD
FOR
RELIEF.—If the 
chairperson of the Commission (or the designee 
of the chairperson) issues a temporary or pre-
liminary cease and desist order under this para-
graph, the order shall be issued in a manner 
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consistent with the provisions of rule 65 of the 
Federal Rules of Civil Procedure, or any suc-
cessor thereto, relating to preliminary injunc-
tions and temporary restraining orders. 
‘‘(E) 
PROCEDURES
FOR
TEMPORARY 
CEASE AND DESIST ORDER.— 
‘‘(i) EXPEDITED
CONSIDERATION.— 
Upon a showing of extraordinary cir-
cumstances by the complainant filing a pe-
tition for a temporary cease and desist 
order under subparagraph (A), the chair-
person of the Commission (or the designee 
of the chairperson) may make a determina-
tion with respect to the petition on an ex-
pedited basis. 
‘‘(ii) EXPIRATION OF ORDER.— 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), a tem-
porary cease and desist order issued 
under this paragraph shall expire at a 
time determined by the chairperson of 
the Commission (or the designee of 
the chairperson) that is not later than 
14 days after the issuance of the 
order. 
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‘‘(II) EXTENSION
OF
ORDER.— 
The chairperson of the Commission 
(or the designee of the chairperson) 
may extend a temporary cease and de-
sist order issued under this paragraph 
for additional periods of not more 
than 14 days for good cause or with 
the consent of the entity against 
which the order is issued. 
‘‘(F) 
PROCEDURES
FOR
PRELIMINARY 
CEASE AND DESIST ORDER.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the chairperson of the 
Commission (or the designee of the chair-
person) shall make a determination with 
respect to a petition for a preliminary 
cease and desist order not later than 30 
days after the Commission publishes notice 
of the initiation of an investigation under 
subsection (c) in the Federal Register. 
‘‘(ii) EXTENSIONS OF TIME FOR DE-
TERMINATION.—The chairperson of the 
Commission (or the designee of the chair-
person) may extend the date by which the 
chairperson of the Commission (or the des-
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ignee of the chairperson) is required to 
make a determination under clause (i) with 
respect to a petition for a preliminary 
cease and desist order for an additional 30 
days if the chairperson of the Commission 
(or the designee of the chairperson)— 
‘‘(I) determines that the petition 
presents a more complicated case; and 
‘‘(II) publishes in the Federal 
Register an explanation of why the 
chairperson of the Commission (or the 
designee of the chairperson) deter-
mined that the case is more com-
plicated under subclause (I). 
‘‘(G) BONDING REQUIREMENT.— 
‘‘(i) IN
GENERAL.—The chairperson 
of the Commission (or the designee of the 
chairperson) may require a complainant 
that files a petition for the issuance of a 
temporary or preliminary cease and desist 
order under subparagraph (A) to post a 
bond before issuing the order. 
‘‘(ii) 
FORFEITURE
OF
BOND.—If, 
after issuing a temporary or preliminary 
cease and desist order under this para-
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graph, the Commission determines that the 
Internet site against which the order was 
issued was not an Internet site dedicated 
to infringing activity operated in violation 
of subsection (b), the Commission may, 
pursuant to such terms and conditions as 
the Commission prescribes, require the for-
feiture of the bond posted by the complain-
ant under clause (i) and the provision of 
the bond to the owner or the operator of 
the Internet site. 
‘‘(H) APPLICABILITY OF ADMINISTRATIVE 
PROCEDURE
ACT.—The provisions of section 
554 of title 5, United States Code, shall not 
apply with respect to the issuance of prelimi-
nary or temporary cease and desist orders 
under this paragraph. 
‘‘(3) MODIFICATION
OR
REVOCATION
OF
OR-
DERS.— 
‘‘(A) IN GENERAL.—At any time after the 
issuance of an order under this subsection, a 
motion to modify, suspend, or vacate the order 
may be filed by— 
‘‘(i) any entity, or owner or operator 
of property, bound by the order; 
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‘‘(ii) the owner or operator of the 
Internet site subject to the order; 
‘‘(iii) any domain name registrar or 
registry that has registered or assigned the 
domain name of the Internet site subject 
to the order; or 
‘‘(iv) a financial transaction provider 
or Internet advertising service on which a 
copy of an order has been served pursuant 
to paragraph (1) of subsection (g) requir-
ing the provider or service to take action 
described in paragraph (2) of that sub-
section. 
‘‘(B) 
RELIEF.—The 
Commission 
shall 
modify, suspend, or vacate an order, as appro-
priate, if the Commission determines that— 
‘‘(i) the Internet site subject to the 
order is no longer, or never was, an Inter-
net site dedicated to infringing activity; or 
‘‘(ii) the interests of justice require 
that the order be modified, suspended, or 
vacated. 
‘‘(C) CONSIDERATION.—In making a de-
termination under subparagraph (B), the Com-
mission may consider whether the domain name 
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of the Internet site subject to the order has ex-
pired or has been re-registered by a different 
entity. 
‘‘(4) AMENDMENT OF ORDERS.—A complainant 
may petition the Commission to amend an order 
issued under this subsection if an Internet site de-
termined under subsection (e) to be an Internet site 
dedicated to infringing activity is accessible or has 
been reconstituted at a different domain name. 
‘‘(5) OPPORTUNITY TO BE HEARD FOR CERTAIN 
ENTITIES.—Before the Commission issues an order 
under this subsection or modifies, suspends, or va-
cates, or amends such an order under paragraph (3) 
or (4), a financial transaction provider or Internet 
advertising service that intervened pursuant to sub-
section (d)(3) in an investigation or action relating 
to the order shall have an opportunity to be heard 
before the Commission with respect to whether the 
Commission should issue the order and the scope of 
relief available under the order or whether the Com-
mission should modify, suspend, vacate, or amend 
the order, as the case may be. 
‘‘(6) EXPIRATION OF ORDERS WITH RESPECT 
TO
INTERNET
SITE.—An order issued under this 
subsection against an Internet site shall cease to 
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have any force or effect upon expiration of the reg-
istration of the domain name of the Internet site. 
‘‘(g) REQUIRED ACTIONS BASED ON COMMISSION 
ORDERS.— 
‘‘(1) IN GENERAL.—If the Commission reason-
ably believes that a financial transaction provider or 
an Internet advertising service identified in a com-
plaint pursuant to subsection (d)(3), or any amend-
ment to the complaint, supplies services to the Inter-
net site that is subject to the order issued under 
subsection (f) with respect to the complaint— 
‘‘(A) the Commission may give permission 
to the complainant to serve a copy of the order 
on the financial transaction provider or Internet 
advertising service, as the case may be; 
‘‘(B) if the Commission gives permission to 
the complainant under subparagraph (A), the 
complainant shall file proof of service with the 
Commission; and 
‘‘(C) upon receiving a copy of the order 
pursuant to subparagraph (A), the financial 
transaction provider or Internet advertising 
service, as the case may be, shall implement the 
measures described in paragraph (2). 
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‘‘(2) MEASURES
DESCRIBED.—The measures 
described in this paragraph are the following: 
‘‘(A) MEASURES TO BE IMPLEMENTED BY 
FINANCIAL TRANSACTION PROVIDERS.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), a financial transaction provider shall 
expeditiously take reasonable measures de-
signed to prevent or prohibit the comple-
tion of payment transactions by the pro-
vider that involve customers located in the 
United States and the Internet site subject 
to the order issued under subsection (f). 
‘‘(ii) LIMITATIONS ON MEASURES.—A 
financial transaction provider may not be 
required pursuant to clause (i)— 
‘‘(I) to implement measures that 
are not commercially reasonable; 
‘‘(II) to modify services or facili-
ties of the provider to comply with the 
order issued under subsection (f); or 
‘‘(III) to prevent or prohibit the 
completion of a payment transaction 
if the provider could not reasonably 
determine in advance whether the en-
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tity was using the Internet site sub-
ject to the order. 
‘‘(B) INTERNET ADVERTISING SERVICES.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), an Internet advertising service shall 
expeditiously 
take 
technically 
feasible 
measures intended to cease serving adver-
tisements to the Internet site subject to 
the order issued under subsection (f) in 
situations in which the service would di-
rectly share revenues generated by the ad-
vertisements with the operator of the 
Internet site. 
‘‘(ii) LIMITATIONS
ON
MEASURES.— 
An Internet advertising service may not be 
required pursuant to clause (i)— 
‘‘(I) to implement measures that 
are not commercially reasonable; 
‘‘(II) to modify the services or fa-
cilities of the service to comply with 
the order issued under subsection (f); 
or 
‘‘(III) to cease serving an adver-
tisement to an Internet site if the 
service could not reasonably determine 
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before serving the advertisement that 
the advertisement was being served to 
the Internet site subject to the order. 
‘‘(3) COMMUNICATION WITH USERS.—A finan-
cial transaction provider or an Internet advertising 
service required to implement measures described in 
paragraph (2) shall determine how to communicate 
with the users or customers of the provider or serv-
ice, as the case may be, with respect to those meas-
ures. 
‘‘(4) RULES OF CONSTRUCTION.— 
‘‘(A) LIMITATION ON OBLIGATIONS.—A fi-
nancial transaction provider or an Internet ad-
vertising service required to implement meas-
ures described in paragraph (2) shall not be re-
quired to take measures or actions in addition 
to the measures described in paragraph (2) pur-
suant to this section or an order issued under 
this section. 
‘‘(B) MANNER OF COMPLIANCE.—A finan-
cial transaction provider or an Internet adver-
tising service required to implement measures 
described in paragraph (2) shall be in compli-
ance with this subsection if the provider or 
service, as the case may be, implements the 
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measures described in that paragraph with re-
spect to accounts of the provider or service, as 
the case may be, on or after the date on which 
a copy of an order is served under paragraph 
(1) or, if applicable, the date on which the 
order is modified or amended under paragraph 
(3) or (4) of subsection (f). 
‘‘(5) ACTIONS
PURSUANT
TO
COMMISSION 
ORDER.— 
‘‘(A) IMMUNITY FROM CIVIL ACTIONS.—No 
cause of action shall lie in any court against a 
financial transaction provider or an Internet ad-
vertising service on which a copy of an order is 
served under paragraph (1), or against any di-
rector, officer, employee, or agent thereof, other 
than in an action pursuant to subsection (h), 
for— 
‘‘(i) any act reasonably designed to 
comply with this subsection or reasonably 
arising from the order; or 
‘‘(ii) any act, failure, or inability to 
meet the obligations under this subsection 
of the provider or service if the provider or 
service, as the case may be, makes a good 
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faith effort to comply with such obliga-
tions. 
‘‘(B) IMMUNITY
FROM
LIABILITY.—A fi-
nancial transaction provider or an Internet ad-
vertising service on which a copy of an order is 
served under paragraph (1), and any director, 
officer, employee, or agent thereof, shall not be 
liable to any person for any acts reasonably de-
signed to comply with this subsection or reason-
ably arising from the order, other than in an 
action pursuant to subsection (h). 
‘‘(C) IMMUNITY FROM ACTIONS OF THIRD 
PARTIES.—An action taken by a third party to 
circumvent any measures implemented pursuant 
to an order served on a financial transaction 
provider or Internet advertising service under 
paragraph (1) may not be used by any person 
in any claim or cause of action against the pro-
vider or service, as the case may be, other than 
in an action pursuant to subsection (h). 
‘‘(h) ENFORCEMENT OF ORDERS.— 
‘‘(1) IN GENERAL.—In order to compel compli-
ance with this section, the Attorney General may 
bring an action for injunctive relief against any per-
son subject to an order issued under subsection (f) 
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or on which such an order is served under subsection 
(g) that knowingly and willfully fails to comply with 
the order. 
‘‘(2) RULE OF CONSTRUCTION.—The authority 
granted to the Attorney General under paragraph 
(1) shall be the sole legal remedy for enforcing the 
obligations under subsection (g) of a financial trans-
action provider or Internet advertising service on 
which an order is served under paragraph (1) of 
that subsection. 
‘‘(3) AFFIRMATIVE DEFENSES.—A defendant in 
an action commenced under paragraph (1) may es-
tablish an affirmative defense by showing that the 
defendant does not have the technical means to com-
ply with this section without incurring an unreason-
able economic burden or that the order is incon-
sistent with this section. That showing shall serve as 
a defense only to the extent of the inability of the 
defendant to comply or to the extent of the incon-
sistency. 
‘‘(i) SANCTIONS FOR ABUSE OF PROCESS AND DIS-
COVERY.—The Commission may, by rule, prescribe sanc-
tions for abuse of process in a manner consistent with the 
provisions of rule 11 and rule 37 of the Federal Rules 
of Civil Procedure. 
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‘‘(j) IMMUNITY FOR ENFORCEMENT OF ORDERS.— 
No cause of action shall lie in any court, no person may 
rely on any claim or cause of action, and no liability for 
damages to any person shall be granted, against a finan-
cial transaction provider or Internet advertising service for 
taking any action pursuant to subsection (g)(2) with re-
spect to an Internet site, or otherwise declining to serve 
or terminating transactions with an Internet site, in the 
reasonable belief based on credible evidence that— 
‘‘(1) the Internet site is an Internet site dedi-
cated to infringing activity; and 
‘‘(2) the action is consistent with the terms of 
service and other contractual obligations of the pro-
vider or service, as the case may be. 
‘‘(k) IMMUNITY FOR TAKING VOLUNTARY ACTION 
AGAINST SITES THAT ENDANGER PUBLIC HEALTH.— 
‘‘(1) REFUSAL OF SERVICE.—A financial trans-
action provider or Internet advertising service, act-
ing in good faith and based on credible evidence, 
may cease providing or refuse to provide services to 
an Internet site the provider or service determines to 
be an Internet site that endangers the public health. 
‘‘(2) IMMUNITY FROM LIABILITY.—A financial 
transaction provider or Internet advertising service 
described in paragraph (1), including its directors, 
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officers, employees, or agents, that ceases or refuses 
to provide services under that paragraph shall not be 
liable to any person under any Federal or State law 
for ceasing or refusing to provide such services. 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) DRUG.—The term ‘drug’ has the 
meaning given that term in section 201(g)(1) of 
the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 321(g)(1)). 
‘‘(B) INTERNET
SITE
THAT
ENDANGERS 
THE PUBLIC HEALTH.—The term ‘Internet site 
that endangers the public health’ means an 
Internet site that is primarily designed or oper-
ated for the purpose of, has only limited pur-
pose or use other than, or is marketed by its 
operator or another person acting in concert 
with that operator for use in offering, selling, 
dispensing, or distributing any prescription 
medication, and does so regularly without a 
valid prescription. 
‘‘(C) PRESCRIPTION
MEDICATION.—The 
term ‘prescription medication’ means a drug 
that is subject to section 503(b) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 
353(b)). 
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‘‘(D) VALID
PRESCRIPTION.—The term 
‘valid prescription’ has the meaning given that 
term in section 309(e)(2)(A) of the Controlled 
Substances Act (21 U.S.C. 829(e)(2)(A)). 
‘‘(l) SAVINGS CLAUSES.— 
‘‘(1) IN
GENERAL.—Nothing in this section 
shall be construed to limit or expand civil or criminal 
remedies available to any person (including the 
United States) for activities that infringe intellectual 
property rights on the Internet pursuant to any 
other Federal or State law. 
‘‘(2) RULE OF CONSTRUCTION RELATING TO VI-
CARIOUS OR CONTRIBUTORY LIABILITY.—Nothing in 
this section shall be construed— 
‘‘(A) to enlarge or diminish vicarious or 
contributory liability for any cause of action 
available under title 17, United States Code, or 
the Lanham Act, including any limitations on 
liability under section 512 of such title 17; or 
‘‘(B) to create an obligation to take action 
pursuant to subsection (k). 
‘‘(3) RULE
OF
CONSTRUCTION
RELATING
TO 
LIMITATIONS, EXCEPTIONS, AND DEFENSES.—Noth-
ing in this section shall be construed to affect, limit, 
or deny application of any limitation, exception, or 
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defense to copyright or trademark causes of action, 
including fair use and other exceptions, limitations, 
or defenses available to any person pursuant to any 
other Federal or State law. 
‘‘(4) RULE
OF
CONSTRUCTION
RELATING
TO 
CIVIL ACTIONS.—The issuance of an order and ac-
tions taken or not taken pursuant to this section 
shall be inadmissible as evidence in any civil action 
(other than an action under this section to enforce 
compliance with subsection (b)) to establish that a 
party who has received, or is otherwise made aware 
of, such an order has knowledge regarding any in-
fringing activities relating to the Internet site sub-
ject to the order, including under section 512 of title 
17, United States Code, in determining whether any 
service provider had actual knowledge or should have 
known of the infringing activity.’’. 
(b) DISCLOSURE
OF
CONFIDENTIAL
INFORMA-
TION.—Section 337(n) of the Tariff Act of 1930 (19 
U.S.C. 1337(n)) is amended— 
(1) in paragraph (1), by inserting ‘‘or section 
337A’’ after ‘‘this section’’; and 
(2) in paragraph (2)— 
(A) in subparagraph (A)— 
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