‘‘(A) arising out of the provider’s transmit-
ting, routing, or providing connections for an
activity or information that is prohibited by this
section, or performing the intermediate and
transient storage of such material or activity in
the course of such transmitting, routing, or pro-
viding connections, the injunctive relief is lim-
ited to—
‘‘(i) an order restraining the provider
from providing access to an identified sub-
scriber of the interactive computer service
provider’s system or network, who is using
that access to violate this section by termi-
nating the specified accounts of such sub-
scriber; and
‘‘(ii) an order restraining the provider
from providing access, by taking reason-
able steps specified in the order to block
access to a specific, identified, foreign on-
line location.
‘‘(B) with respect to conduct other than
that which qualifies for the limitation on rem-
edies set forth in subparagraph (A), the injunc-
tive relief is limited to—
‘‘(i) an order restraining the provider
from providing access to information or
material that violates this section residing
at a particular online site on the provider’s
system or network;
‘‘(ii) an order restraining the provider
from providing access to a subscriber of
the interactive computer service’s system
or network, who is identified in the order
and who is using such service to engage in
a gambling business or to initiate a trans-
mission that violates this section by termi-
nating the specified accounts of such sub-
scriber; or
‘‘(iii) such other injunctive remedies
as the court considers necessary to prevent
or restrain specified activity or information
that is prohibited by this section at a par-
ticular online location that are the least
burdensome to the provider that are com-
parably effective for that purpose.
‘‘(C) CONSIDERATIONS.—The court, in de-
termining appropriate injunctive relief, shall
consider—
‘‘(i) whether such an injunction, either
alone or in combination with other such in-
junctions issued against the same provider,
would significantly burden either the pro-
vider or the operation of the provider’s sys-
tem or network;
‘‘(ii) the magnitude of the harm likely
to be realized by law enforcement if the in-
junction is not granted;
‘‘(iii) whether implementation of such
an injunction would be technically feasible
and effective, and would not interfere with
access to lawful material at other online lo-
cations;
‘‘(iv) whether other less burdensome
and comparably effective means of prevent-
ing or restraining access to the illegal ac-
tivity are available; and
‘‘(v) the magnitude of the harm likely
to be suffered by the community through
the accessibility of illegal activity.
‘‘(D) NOTICE AND EX PARTE ORDERS.—
Injunctive relief under this subsection shall not
be available without notice to the service pro-
vider and an opportunity for such provider to
appear before the court, except for orders en-
suring the preservation of evidence or other or-
ders having no material adverse effect on the
operation of the service provider’s communica-
tions network.’’.
(b) STYLISTIC AMENDMENT.—Subsection (e) of sec-
tion 1084 of title 18, United States Code, is amended—
(1) by inserting ‘‘Definition.—’’ after ‘‘(e)’’;
and
(2) by redesignating the subsection as sub-
section (d).
Æ