service provider described in paragraph (1)(B) to
prevent a violation of this section—
‘‘(i) arising out of activity described in
paragraph (1)(A)(i), the injunctive relief is
limited to—
‘‘(I) an order restraining the pro-
vider from providing access to an iden-
tified subscriber of the system or net-
work of the interactive computer serv-
ice provider, if the court determines
that there is probable cause to believe
that such subscriber is using that ac-
cess to violate this section (or to engage
with another person in a communica-
tion that violates this section), by ter-
minating the specified account of that
subscriber; and
‘‘(II) an order restraining the
provider from providing access, by tak-
ing reasonable steps specified in the
order to block access, to a specific,
identified, foreign online location;
‘‘(ii) arising out of activity described
in paragraph (1)(A)(ii), the injunctive re-
lief is limited to—
‘‘(I) the orders described in clause
(i)(I);
‘‘(II) an order restraining the
provider from providing access to the
material or activity that violates this
section at a particular online site re-
siding on a computer server operated
or controlled by the provider; and
‘‘(III) such other injunctive rem-
edies as the court considers necessary
to prevent or restrain access to speci-
fied material or activity that is prohib-
ited by this section at a particular on-
line location residing on a computer
server operated or controlled by the
provider, that are the least burdensome
to the provider among the forms of re-
lief that are comparably effective for
that purpose.
‘‘(C) CONSIDERATIONS.—The court, in de-
termining appropriate injunctive relief under
this paragraph, shall consider—
‘‘(i) whether such an injunction, either
alone or in combination with other such in-
junctions issued, and currently operative,
against the same provider would signifi-
cantly (and, in the case of relief under sub-
paragraph (B)(ii), taking into account,
among other factors, the conduct of the pro-
vider, unreasonably) burden either the pro-
vider or the operation of the system or net-
work of the provider;
‘‘(ii) whether implementation of such
an injunction would be technically feasible
and effective, and would not materially
interfere with access to lawful material at
other online locations;
‘‘(iii) whether other less burdensome
and comparably effective means of pre-
venting or restraining access to the illegal
material or activity are available; and
‘‘(iv) the magnitude of the harm likely
to be suffered by the community if the in-
junction is not granted.
‘‘(D) NOTICE AND EX PARTE ORDERS.—In-
junctive relief under this paragraph shall not be
available without notice to the service provider
and an opportunity for such provider to appear
before the court, except for orders ensuring the
preservation of evidence or other orders having
no material adverse effect on the operation of the
communications network of the service provider.
‘‘(4) ADVERTISING
OR
PROMOTION
OF
NON-
INTERNET GAMBLING.—
‘‘(A) DEFINITIONS.—In this paragraph:
‘‘(i) CONDUCTED.—With respect to a
gambling activity, that activity is ‘con-
ducted’ in a State if the State is the State
in which the gambling establishment (as de-
fined in section 1081) that offers the gam-
bling activity being advertised or promoted
is physically located.
‘‘(ii) NON-INTERNET GAMBLING ACTIV-
ITY.—The term ‘non-Internet gambling ac-
tivity’ means—
‘‘(I) a gambling activity in which
the placing of the bet or wager is not
conducted by the Internet; or
‘‘(II) a gambling activity to
which the prohibitions of this section
do not apply.
‘‘(B) IMMUNITY FROM LIABILITY FOR USE
BY ANOTHER.—
‘‘(i) 
IN
GENERAL.—An 
interactive
computer service provider described in
clause (ii) shall not be liable, under any
provision of Federal or State law prohib-
iting or regulating gambling or gambling-
related activities, or under any State law
prohibiting or regulating advertising and
promotional activities, for—
‘‘(I) content, provided by another
person, that advertises or promotes
non-Internet gambling activity that
violates such law (unless the provider
is engaged in the business of such gam-
bling), arising out of any of the activi-
ties described in paragraph (1)(A) (i)
or (ii); or
‘‘(II) content, provided by another
person, that advertises or promotes
non-Internet gambling activity that is
lawful under Federal law and the law
of the State in which such gambling
activity is conducted.
‘‘(ii) 
ELIGIBILITY.—An 
interactive
computer service is described in this clause
only if the provider—
‘‘(I) maintains and implements a
written or electronic policy that re-