the liability of a service provider under sec-
tion 512 of title 17, United States Code. 
(iv) TEXT OF NOTICE.—The Attorney 
General shall prescribe the text of any no-
tice displayed to users or customers of a 
service provider taking actions pursuant to 
this subparagraph. Such text shall state 
that an action is being taken pursuant to 
a court order obtained by the Attorney 
General. 
(B) INTERNET SEARCH ENGINES.—A pro-
vider of an Internet search engine shall take 
technically feasible and reasonable measures, 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, designed to prevent the foreign infringing 
site that is subject to the order, or a portion of 
such site specified in the order, from being 
served as a direct hypertext link. 
(C) PAYMENT NETWORK PROVIDERS.— 
(i) 
PREVENTING
AFFILIATION.—A 
payment network provider shall take tech-
nically feasible and reasonable measures, 
as expeditiously as possible, but in any 
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case within 5 days after being served with 
a copy of the order, or within such time as 
the court may order, designed to prevent, 
prohibit, or suspend its service from com-
pleting payment transactions involving cus-
tomers located within the United States or 
subject to the jurisdiction of the United 
States and the payment account— 
(I) which is used by the foreign 
infringing site, or portion thereof, that 
is subject to the order; and 
(II) through which the payment 
network provider would complete such 
payment transactions. 
(ii) NO DUTY TO MONITOR.—A pay-
ment network provider shall be considered 
to be in compliance with clause (i) if it 
takes action described in that clause with 
respect to accounts it has as of the date on 
which a copy of the order is served, or as 
of the date on which the order is amended 
under subsection (e). 
(D) INTERNET ADVERTISING SERVICES.— 
(i) REQUIRED ACTIONS.—An Internet 
advertising service that contracts to pro-
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vide advertising to or for the foreign in-
fringing site, or portion thereof, that is 
subject to the order, or that knowingly 
serves advertising to or for such site or 
such portion thereof, shall take technically 
feasible and reasonable measures, as expe-
ditiously 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, designed to— 
(I) prevent its service from pro-
viding advertisements to or relating to 
the foreign infringing site that is sub-
ject to the order or a portion of such 
site specified in the order; 
(II) cease making available ad-
vertisements for the foreign infringing 
site or such portion thereof, or paid or 
sponsored search results, links, or 
other placements that provide access 
to such foreign infringing site or such 
portion thereof; and 
(III) cease providing or receiving 
any compensation for advertising or 
related services to, from, or in connec-
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tion with such foreign infringing site 
or such portion thereof. 
(ii) NO DUTY TO MONITOR.—An inter-
net advertising service shall be considered 
to be in compliance with clause (i) if it 
takes action described in that clause with 
respect to accounts it has as of the date on 
which a copy of the order is served, or as 
of the date on which the order is amended 
under subsection (e). 
(3) COMMUNICATION WITH USERS.—Except as 
provided under paragraph (2)(A)(iv), an entity tak-
ing an action described in this subsection shall de-
termine the means to communicate such action to 
the entity’s users or customers. 
(4) ENFORCEMENT OF ORDERS.— 
(A) IN GENERAL.—To ensure compliance 
with orders issued pursuant to this section, the 
Attorney General may bring an action for in-
junctive relief— 
(i) against any entity served under 
paragraph (1) that knowingly and willfully 
fails to comply with the requirements of 
this subsection to compel such entity to 
comply with such requirements; or 
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(ii) against any entity that knowingly 
and willfully provides or offers to provide 
a product or service designed or marketed 
for the circumvention or bypassing of 
measures described in paragraph (2) and 
taken in response to a court order issued 
pursuant to this subsection, to enjoin such 
entity from interfering with the order by 
continuing to provide or offer to provide 
such product or service. 
(B) RULE
OF
CONSTRUCTION.—The au-
thority granted the Attorney General under 
subparagraph (A)(i) shall be the sole legal rem-
edy to enforce the obligations under this section 
of any entity described in paragraph (2). 
(C) DEFENSE.—A defendant in an action 
under subparagraph (A)(i) may establish an af-
firmative defense by showing that the defendant 
does not have the technical means to comply 
with this subsection without incurring an un-
reasonable economic burden, or that the order 
is not authorized by this subsection. Such show-
ing shall not be presumed to be a complete de-
fense but shall serve as a defense only for those 
measures for which a technical limitation on 
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compliance is demonstrated or for such portions 
of the order as are demonstrated to be unau-
thorized by this subsection. 
(D) DEFINITION.—For purposes of this 
paragraph, a product or service designed or 
marketed for the circumvention or bypassing of 
measures described in paragraph (2) and taken 
in response to a court order issued pursuant to 
this subsection includes a product or service 
that is designed or marketed to enable a do-
main name described in such an order— 
(i) to resolve to that domain name’s 
Internet protocol address notwithstanding 
the measures taken by a service provider 
under paragraph (2) to prevent such reso-
lution; or 
(ii) to resolve to a different domain 
name or Internet Protocol address that the 
provider of the product or service knows, 
reasonably should know, or reasonably be-
lieves is used by an Internet site offering 
substantially similar infringing activities as 
those with which the infringing foreign 
site, or portion thereof, subject to a court 
order under this section was associated. 
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(D) any entity that has been served with 
a copy of an order pursuant to subsection (c) 
that requires such entity to take action pre-
scribed in that subsection. 
(2) RELIEF.—Relief under this subsection shall 
be proper if the court finds that— 
(A) the foreign Internet site subject to the 
order is no longer, or never was, a foreign in-
fringing site; or 
(B) the interests of justice otherwise re-
quire that the order be modified, suspended, or 
vacated. 
(3) CONSIDERATION.—In making a relief deter-
mination under paragraph (2), a court may consider 
whether the domain name of the foreign Internet 
site has expired or has been re-registered by an enti-
ty other than the entity that is subject to the order 
with respect to which the motion under paragraph 
(1) is brought. 
(4) INTERVENTION.—An entity required to take 
action pursuant to subsection (c) if an order issues 
under subsection (b) may intervene at any time in 
any action commenced under subsection (b) that 
may result in such order, or in any action to modify, 
suspend, or vacate such order under this subsection. 
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(e) AMENDED ORDERS.—The Attorney General, if al-
leging that a foreign Internet site previously adjudicated 
in an action under this section to be a foreign infringing 
site is accessible or has been reconstituted at a different 
domain name or Internet Protocol address, may petition 
the court to amend the order issued under this section 
accordingly. 
(f) LAW ENFORCEMENT COORDINATION.— 
(1) IN GENERAL.—The Attorney General shall 
inform the Intellectual Property Enforcement Coor-
dinator and the heads of appropriate law enforce-
ment agencies of all court orders issued under sub-
section (b), and all amended orders issued under 
subsection (e), regarding foreign infringing sites. 
(2) 
ALTERATIONS.—The 
Attorney 
General 
shall, and the defendant may, inform the Intellectual 
Property Enforcement Coordinator of the modifica-
tion, suspension, expiration, or vacation of a court 
order issued under subsection (b) or an amended 
order issued under subsection (e). 
SEC. 103. MARKET-BASED SYSTEM TO PROTECT U.S. CUS-
TOMERS AND PREVENT U.S. FUNDING OF 
SITES DEDICATED TO THEFT OF U.S. PROP-
ERTY. 
(a) DEFINITIONS.—In this section: 
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(1) DEDICATED
TO
THEFT
OF
U.S. PROP-
ERTY.—An ‘‘Internet site is dedicated to theft of 
U.S. property’’ if— 
(A) it is an Internet site, or a portion 
thereof, that is a U.S.-directed site and is used 
by users within the United States; and 
(B) either— 
(i) the U.S.-directed site is primarily 
designed or operated for the purpose of, 
has only limited purpose or use other than, 
or is marketed by its operator or another 
acting in concert with that operator for use 
in, offering goods or services in a manner 
that engages in, enables, or facilitates— 
(I) a violation of section 501 of 
title 17, United States Code; 
(II) a violation of section 1201 of 
title 17, United States Code; or 
(III) the sale, distribution, or 
promotion of goods, services, or mate-
rials bearing a counterfeit mark, as 
that term is defined in section 34(d) 
of the Lanham Act or section 2320 of 
title 18, United States Code; or 
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(ii) the operator of the U.S.-directed 
site— 
(I) is taking, or has taken, delib-
erate actions to avoid confirming a 
high probability of the use of the 
U.S.-directed site to carry out acts 
that constitute a violation of section 
501 or 1201 of title 17, United States 
Code; or 
(II) operates the U.S.-directed 
site with the object of promoting, or 
has promoted, its use to carry out 
acts that constitute a violation of sec-
tion 501 or 1201 of title 17, United 
States Code, as shown by clear ex-
pression or other affirmative steps 
taken to foster infringement. 
(2) QUALIFYING PLAINTIFF.—The term ‘‘quali-
fying plaintiff’’ means, with respect to a particular 
Internet site or portion thereof, a holder of an intel-
lectual property right harmed by the activities de-
scribed in paragraph (1) occurring on that Internet 
site or portion thereof. 
(b) DENYING U.S. FINANCIAL SUPPORT OF SITES 
DEDICATED TO THEFT OF U.S. PROPERTY.— 
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(1) PAYMENT
NETWORK
PROVIDERS.—Except 
in the case of an effective counter notification pursu-
ant to paragraph (5), a payment network provider 
shall take technically feasible and reasonable meas-
ures, as expeditiously as possible, but in any case 
within 5 days after delivery of a notification under 
paragraph (4), that are designed to prevent, pro-
hibit, or suspend its service from completing pay-
ment transactions involving customers located within 
the United States and the Internet site, or portion 
thereof, that is specified in the notification under 
paragraph (4). 
(2) INTERNET
ADVERTISING
SERVICES.—Ex-
cept in the case of an effective counter notification 
pursuant to paragraph (5), an Internet advertising 
service that contracts with the operator of an Inter-
net site, or portion thereof, that is specified in a no-
tification delivered under paragraph (4), to provide 
advertising to or for such site or portion thereof, or 
that knowingly serves advertising to or for such site 
or portion thereof, shall take technically feasible and 
reasonable measures, as expeditiously as possible, 
but in any case within 5 days after delivery the noti-
fication under paragraph (4), that are designed to— 
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(A) prevent its service from providing ad-
vertisements to or relating to the Internet site, 
or portion thereof, that is specified in the notifi-
cation; 
(B) cease making available advertisements 
for such Internet site, or portion thereof, that 
is specified in the notification, or paid or spon-
sored search results, links, or other placements 
that provide access to such Internet site, or 
portion thereof, that is specified in the notifica-
tion; and 
(C) cease providing or receiving any com-
pensation for advertising or related services to, 
from, or in connection with such Internet site, 
or portion thereof, that is specified in the notifi-
cation. 
(3) DESIGNATED AGENT.— 
(A) IN GENERAL.—Each payment network 
provider and each Internet advertising service 
shall designate an agent to receive notifications 
described in paragraph (4), by making available 
through its service, including on its Web site in 
a location accessible to the public, and by pro-
viding to the Copyright Office, substantially the 
following: 
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(i) The name, address, phone number, 
and electronic mail address of the agent. 
(ii) Other contact information that the 
Register of Copyrights considers appro-
priate. 
(B) DIRECTORY
OF
AGENTS.—The Reg-
ister of Copyrights shall maintain and make 
available to the public for inspection, including 
through the Internet, in electronic format, a 
current directory of agents designated under 
subparagraph (A). 
(4) NOTIFICATION REGARDING INTERNET SITES 
DEDICATED TO THEFT OF U.S. PROPERTY.— 
(A) REQUIREMENTS.—Subject to subpara-
graph (B), a notification under this paragraph 
is effective only if it is a written communication 
that is provided to the designated agent of a 
payment network provider or an Internet adver-
tising service and includes substantially the fol-
lowing: 
(i) A physical or electronic signature 
of a person authorized to act on behalf of 
the holder of an intellectual property right 
harmed by the activities described in sub-
section (a)(1). 
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(ii) Identification of the Internet site, 
or portion thereof, dedicated to theft of 
U.S. property, including either the domain 
name or Internet Protocol address of such 
site, or both. 
(iii) Identification of the specific facts 
to support the claim that the Internet site, 
or portion thereof, is dedicated to theft of 
U.S. property and to clearly show that im-
mediate and irreparable injury, loss, or 
damage will result to the holder of the in-
tellectual property right harmed by the ac-
tivities described in subsection (a)(1) in 
the absence of timely action by the pay-
ment network provider or Internet adver-
tising service. 
(iv) Information reasonably sufficient 
to establish that the payment network pro-
vider or Internet advertising service is pro-
viding payment processing or Internet ad-
vertising services for such site. 
(v) Information reasonably sufficient 
to permit the payment network provider or 
Internet advertising service to contact the 
holder of the intellectual property right 
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harmed by the activities described in sub-
section (a)(1). 
(vi) A statement that the holder of the 
intellectual property right has a good faith 
belief that the use of the owner’s works or 
goods in which the right exists, in the 
manner described in the notification, is not 
authorized by the holder, its agent, or law. 
(vii) A statement that the information 
in the notification is accurate, and, under 
penalty of perjury, that the signatory is 
authorized to act on behalf of the holder of 
the intellectual property right harmed by 
the 
activities 
described 
in 
subsection 
(a)(1). 
(viii) Identification of the evidence in-
dicating that the site (or portion thereof) 
is a U.S.-directed site. 
(B) SERVICE IF NO AGENT DESIGNATED.— 
If a payment network provider or Internet ad-
vertising service has not designated an agent 
under paragraph (3), the notification under 
subparagraph (A) may be provided to any offi-
cer or legal representative of such provider or 
service. 
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(C) NOTICE TO INTERNET SITE IDENTI-
FIED IN NOTIFICATION.—Upon receipt of an ef-
fective notification under this paragraph, a pay-
ment network provider or Internet advertising 
service shall take appropriate steps to ensure 
timely delivery of the notification to the Inter-
net site identified in the notification. 
(5) COUNTER NOTIFICATION.— 
(A) REQUIREMENTS.—Subject to subpara-
graph (B), a counter notification is effective 
under this paragraph only if it is a written com-
munication that is provided to the designated 
agent of a payment network provider or an 
Internet advertising service and includes sub-
stantially the following: 
(i) A physical or electronic signature 
of the owner or operator of the Internet 
site, or portion thereof, specified in a noti-
fication under paragraph (4) subject to 
which action is to be taken by the payment 
network provider or Internet advertising 
service under paragraph (1) or (2), or of 
the registrant of the domain name used by 
such site or portion thereof. 
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(ii) In the case of an Internet site 
specified in the notification under para-
graph (4) that is a foreign Internet site, a 
statement that the owner or operator, or 
registrant, consents to the jurisdiction of 
the courts of the United States, and will 
accept service of process from the person 
who provided notification under paragraph 
(4), or an agent of such person, for pur-
poses of adjudicating whether the site is an 
Internet site dedicated to theft of U.S. 
property under this section. 
(iii) A statement under penalty of per-
jury that the owner or operator, or reg-
istrant, has a good faith belief that it does 
not meet the criteria of an Internet site 
dedicated to theft of U.S. property as set 
forth under this section. 
(iv) The name, address, email ad-
dress, and telephone number of the owner, 
operator, or registrant. 
(B) SERVICE IF NO AGENT DESIGNATED.— 
If a payment network provider or Internet ad-
vertising service has not designated an agent 
under paragraph (3), the counter notification 
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under subparagraph (A) may be provided to 
any officer or legal representative of such pro-
vider or service. 
(6) MISREPRESENTATIONS.—Any provider of a 
notification or counter notification who knowingly 
materially misrepresents under this section— 
(A) that a site is an Internet site dedicated 
to the theft of U.S. property, or 
(B) that such site does not meet the cri-
teria of an Internet site dedicated to the theft 
of U.S. property, 
shall be liable for damages, including costs and at-
torneys’ fees, incurred by the person injured by such 
misrepresentation as a result of the misrepresenta-
tion. 
(c) LIMITED INJUNCTIVE RELIEF
IN CASES
OF 
COUNTER NOTIFICATION.— 
(1) IN PERSONAM.—If an effective counter noti-
fication is made under subsection (b)(5), or if a pay-
ment network provider fails to comply with sub-
section (b)(1), or an Internet advertising service fails 
to comply with subsection (b)(2), pursuant to a noti-
fication under subsection (b)(4) in the absence of 
such a counter notification, a qualifying plaintiff 
may commence an in personam action against— 
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(A) a registrant of a domain name used by 
the Internet site, or portion thereof, that is sub-
ject to the notification under subsection (b)(4); 
or 
(B) an owner or operator of the Internet 
site or portion thereof. 
(2) IN REM.—If through due diligence a quali-
fying plaintiff who is authorized to bring an in per-
sonam action under paragraph (1) with respect to 
an Internet site dedicated to theft of U.S. property 
is unable to find a person described in subpara-
graphs (A) or (B) of paragraph (1), or no such per-
son found has an address within a judicial district 
of the United States, the qualifying plaintiff may 
commence an in rem action against that Internet 
site or the domain name used by such site. 
(3) NOTICE.—Upon commencing an action 
under this subsection, the qualifying plaintiff shall 
send a notice of the alleged activity described in sub-
section (a)(1) and intent to proceed under this sub-
section— 
(A) to the registrant of the domain name 
of the Internet site, or portion thereof, that is 
the subject to the notification under subsection 
(b)(4)— 
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(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, or portion there-
of, to the extent such addresses are reason-
ably available; 
(B) to the owner or operator of the Inter-
net site, or portion thereof— 
(i) at the primary postal and elec-
tronic mail addresses for such owner or op-
erator that are provided on the Internet 
site, or portion thereof, if any, and to the 
extent such addresses are reasonably avail-
able; or 
(ii) if there is no domain name of the 
Internet site or portion thereof, via the 
postal and electronic mail addresses of the 
Internet Protocol allocation entity appear-
ing in the applicable publicly accessible 
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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 prescribe, 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 a qualifying 
plaintiff following the commencement of an action 
under this section with respect to an Internet site 
dedicated to theft of U.S. property, the court may 
issue a temporary restraining order, a preliminary 
injunction, or an injunction, in accordance with rule 
65 of the Federal Rules of Civil Procedure, against 
a registrant of a domain name used by the Internet 
site, or against an owner or operator of the Internet 
site, or, in an action brought in rem under para-
graph (2), against the Internet site, or against the 
domain name used by the Internet site, to cease and 
desist from undertaking any further activity as an 
Internet site dedicated to theft of U.S. property. 
(d) ACTIONS BASED ON COURT ORDERS.— 
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(1) SERVICE AND RESPONSE.— 
(A) SERVICE
BY
QUALIFYING
PLAIN-
TIFF.—A qualifying plaintiff, with the prior ap-
proval of the court, may serve a copy of a court 
order issued under subsection (c) on similarly 
situated entities described in paragraph (2). 
Proof of service shall be filed with the court. 
(B) RESPONSE.—An entity served under 
subparagraph (A) shall, not later than 7 days 
after the date of such service, file with the 
court a certification acknowledging receipt of a 
copy of the order and stating that such entity 
has complied or will comply with the obligations 
imposed under paragraph (2), or explaining 
why the entity will not so comply. 
(C) VENUE FOR SERVICE.—A copy of the 
court order may be served in any judicial dis-
trict where an entity resides or may be found. 
(2) 
REASONABLE
MEASURES.—After 
being 
served with a copy of an order pursuant to this sub-
section, the following shall apply: 
(A) PAYMENT NETWORK PROVIDERS.— 
(i) 
PREVENTING
AFFILIATION.—A 
payment network provider shall take tech-
nically feasible and reasonable measures, 
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as expeditiously as possible, but in any 
case within 5 days after being served with 
a copy of the court order, or within such 
time as the court may order, that are de-
signed to prevent, prohibit, or suspend its 
service from completing payment trans-
actions involving customers located within 
the United States or subject to the juris-
diction of the United States and any ac-
count— 
(I) which is used by the Internet 
site dedicated to theft of U.S. prop-
erty that is subject to the order; and 
(II) through which the payment 
network provider would complete such 
payment transactions. 
(ii) NO DUTY TO MONITOR.—A pay-
ment network provider is in compliance 
with clause (i) if it takes action described 
in that clause with respect to accounts it 
has as of the date of service of the order, 
or as of the date of any subsequent notice 
that its service is being used to complete 
payment transactions described in clause 
(i). 
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(B) INTERNET ADVERTISING SERVICES.— 
(i) REQUIRED ACTIONS.—An Internet 
advertising service that contracts with the 
Internet site dedicated to theft of U.S. 
property that is subject to the order to 
provide advertising to or for such Internet 
site, or that knowingly serves advertising 
to or for such internet site, shall take tech-
nically feasible and reasonable measures, 
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, that are designed 
to— 
(I) prevent its service from pro-
viding advertisements to or relating to 
the Internet site; 
(II) cease making available ad-
vertisements for the Internet site, or 
paid or sponsored search results, 
links, or other placements that pro-
vide access to the Internet site; and 
(III) cease providing or receiving 
any compensation for advertising or 
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related services to, from, or in connec-
tion with the Internet site. 
(ii) NO DUTY TO MONITOR.—An inter-
net advertising service is in compliance 
with clause (i) if it takes action described 
in that clause with respect to accounts it 
has as of the date on which a copy of the 
order is served, or as of the date of any 
subsequent notice that its service is being 
used for activities described in clause (i). 
(3) COMMUNICATION WITH USERS.—An entity 
taking an action described in this subsection shall 
determine the means to communicate such action to 
the entity’s users or customers. 
(4) ENFORCEMENT OF ORDERS.— 
(A) RULE
OF
CONSTRUCTION.—The au-
thority under this subsection shall be the sole 
legal remedy to enforce the obligations of any 
entity under this subsection. 
(B) PROCEDURES AND RELIEF.— 
(i) SHOW CAUSE ORDER.—On a show-
ing by the qualifying plaintiff of probable 
cause to believe that an entity served with 
a copy of a court order issued under sub-
section (c) has not complied with its obli-
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gations under this subsection by reason of 
such court order, the court shall require 
the entity to show cause why an order 
should not issue— 
(I) to require compliance with the 
obligations of this subsection; and 
(II) to impose an appropriate 
monetary sanction, consistent with the 
court’s exercise of its equitable au-
thority, to enforce compliance with its 
lawful orders, if the entity— 
(aa) has knowingly and will-
fully failed to file a certification 
required by paragraph (1)(B); 
(bb) has filed such a certifi-
cation agreeing to comply but 
has knowingly and willfully failed 
to do so; or 
(cc) has knowingly and will-
fully certified falsely that compli-
ance with the requirements of 
paragraph (2) is not required by 
law. 
(ii) SERVICE OF PROCESS.—The order 
to show cause, and any other process, may 
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be served in any judicial district where the 
entity resides or may be found. 
(C) DEFENSE.—An entity against whom 
relief is sought under subparagraph (B) may 
establish an affirmative defense by showing that 
the entity does not have the technical means to 
comply with this subsection without incurring 
an unreasonable economic burden, or that the 
order is not authorized by this subsection. Such 
showing shall not be presumed to be a complete 
defense but shall serve as a defense only for 
those measures for which a technical limitation 
on compliance is demonstrated or for such por-
tions of the order as are demonstrated to be un-
authorized by this subsection. 
(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 subsection (c), 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. 
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(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 acts 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 Internet site, or 
portion thereof that is subject to such 
order, that is instituted pursuant to 
this subsection, or 
(II) act, failure, or inability to re-
strict access to an Internet site or 
portion thereof that is subject to such 
order, despite good faith efforts to 
comply with such order by such enti-
ty, 
shall not be used by any person in any 
claim or cause of action against such enti-
ty. 
(e) MODIFICATION OR VACATION OF ORDERS.— 
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(1) IN
GENERAL.—At any time after the 
issuance of an order under subsection (c), or an 
amended order issued under subsection (f), with re-
spect to an Internet site dedicated to theft of U.S. 
property, 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 such Internet site; 
(C) any domain name registrar, registry, 
or other domain name registration authority 
that has registered or assigned the domain 
name of such Internet site; or 
(D) any entity that has been served with 
a copy of an order under subsection (d), or an 
amended order under subsection (f), that re-
quires such entity to take action prescribed in 
that subsection. 
(2) RELIEF.—Relief under this subsection shall 
be proper if the court finds that— 
(A) the Internet site subject to the order 
is no longer, or never was, an Internet site 
dedicated to theft of U.S. property; or 
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(B) the interests of justice otherwise re-
quire that the order be modified, suspended, or 
vacated. 
(3) CONSIDERATION.—In making a relief deter-
mination under paragraph (2), a court may consider 
whether the domain name of the Internet site has 
expired or has been re-registered by an entity other 
than the entity that is subject to the order with re-
spect to which the motion under paragraph (1) is 
brought. 
(4) INTERVENTION.—An entity required to take 
action pursuant to subsection (d) if an order issues 
under subsection (c) may intervene at any time in 
any action commenced under subsection (c) that 
may result in such order, or in any action to modify, 
suspend, or vacate such order under this subsection. 
(f) AMENDED ORDERS.—The qualifying plaintiff, if 
alleging that an Internet site previously adjudicated in an 
action under this section to be an Internet site dedicated 
to theft of U.S. property is accessible or has been reconsti-
tuted at a different domain name or Internet Protocol ad-
dress, may petition the court to amend the order issued 
under this section accordingly. 
(g) REPORTING OF ORDERS.— 
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(1) IN GENERAL.—The qualifying plaintiff shall 
inform the Intellectual Property Enforcement Coor-
dinator of any court order issued under subsection 
(c) or amended order issued under subsection (f). 
(2) ALTERATIONS.—Upon the modification, 
suspension, expiration, or vacation of a court order 
issued under subsection (c) or an amended order 
issued under subsection (f), the qualifying plaintiff 
shall, and the defendant may, so inform the Intellec-
tual Property Enforcement Coordinator. 
SEC. 104. IMMUNITY FOR TAKING VOLUNTARY ACTION 
AGAINST SITES DEDICATED TO THEFT OF U.S. 
PROPERTY. 
No cause of action shall lie in any Federal or State 
court or administrative agency against, no person may rely 
in any claim or cause of action against, and no liability 
for damages to any person shall be granted against, a 
service provider, payment network provider, Internet ad-
vertising service, advertiser, Internet search engine, do-
main name registry, or domain name registrar for taking 
any action described in section 102(c)(2), section 
103(d)(2), or section 103(b) with respect to an Internet 
site, or otherwise voluntarily blocking access to or ending 
financial affiliation with an Internet site, in the reasonable 
belief that— 
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(1) the Internet site is a foreign infringing site 
or is an Internet site dedicated to theft of U.S. prop-
erty; and 
(2) the action is consistent with the entity’s 
terms of service or other contractual rights. 
SEC. 105. IMMUNITY FOR TAKING VOLUNTARY ACTION 
AGAINST SITES THAT ENDANGER PUBLIC 
HEALTH. 
(a) REFUSAL OF SERVICE.—A service provider, pay-
ment network provider, Internet advertising service, ad-
vertiser, Internet search engine, domain name registry, or 
domain name registrar, acting in good faith and based on 
credible evidence, may stop providing or refuse to provide 
services to an Internet site that endangers the public 
health. 
(b) IMMUNITY FROM LIABILITY.—An entity de-
scribed in subsection (a), including its directors, officers, 
employees, or agents, that ceases or refuses to provide 
services under subsection (a) shall not be liable to any per-
son under any Federal or State law for such action. 
(c) DEFINITIONS.—In this section: 
(1) ADULTERATED.—The term ‘‘adulterated’’ 
has the meaning given that term in section 501 of 
the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 351). 
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(2) INTERNET
SITE
THAT
ENDANGERS
THE 
PUBLIC HEALTH.—The term ‘‘Internet site that en-
dangers the public health’’ means an Internet site 
that is primarily designed or operated for the pur-
pose of, has only limited purpose or use other than, 
or is marketed by its operator or another acting in 
concert with that operator for use in— 
(A) offering, selling, dispensing, or distrib-
uting any prescription medication, and does so 
regularly without a valid prescription; or 
(B) offering, selling, dispensing, or distrib-
uting any prescription medication that is adul-
terated or misbranded. 
(3) MISBRANDED.—the term ‘‘misbranded’’ has 
the meaning given that term in section 502 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
352). 
(4) PRESCRIPTION MEDICATION.— 
(A) 
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)). 
(B) DRUG.—The term ‘‘drug’’ has the 
meaning given that term in section 201(g)(1) of 
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the Federal Food Drug, and Cosmetic Act (21 
U.S.C. 321(g)(1)). 
(5) 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)). 
SEC. 106. GUIDELINES AND STUDY. 
(a) GUIDELINES.—The Attorney General shall— 
(1) provide appropriate resources and proce-
dures for case management and development to ef-
fect timely disposition of actions brought under this 
title; 
(2) develop a deconfliction process in consulta-
tion with appropriate law enforcement agencies, in-
cluding U.S. Immigration and Customs Enforce-
ment, to coordinate enforcement activities under this 
title; 
(3) publish procedures developed in consultation 
with appropriate law enforcement agencies, including 
U.S. Immigration and Customs Enforcement, to re-
ceive information from the public relevant to the en-
forcement of this title; and 
(4) provide guidance to intellectual property 
rights holders about what information such rights 
holders should provide to assist in initiating an in-
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vestigation or to supplement an ongoing investiga-
tion pursuant to this title. 
(b) STUDY.— 
(1) NATURE OF STUDY.—The Register of Copy-
rights, in consultation with appropriate departments 
and agencies of the United States and other stake-
holders, shall conduct a study on the enforcement 
and effectiveness of this title and on any need to 
amend the provisions of this title to adapt to emerg-
ing technologies. 
(2) REPORTS TO CONGRESS.—Not later than 2 
years after the date of the enactment of this Act, the 
Register of Copyrights shall submit to the Commit-
tees on the Judiciary of the House of Representa-
tives and the Senate a report containing the results 
of the study conducted under this subsection and 
any recommendations that the Register may have as 
a result of the study. 
SEC. 107. DENYING U.S. CAPITAL TO NOTORIOUS FOREIGN 
INFRINGERS. 
(a) IDENTIFICATION AND RECOMMENDATIONS RE-
GARDING NOTORIOUS FOREIGN INFRINGERS.— 
(1) IN GENERAL.—Using existing resources, the 
Intellectual Property Enforcement Coordinator, in 
consultation with the Secretaries of Treasury and 
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Commerce, the United States Trade Representative, 
the Chairman of the Securities and Exchange Com-
mission, and the heads of other departments and ap-
propriate agencies, shall identify and conduct an 
analysis of notorious foreign infringers whose activi-
ties cause significant harm to holders of intellectual 
property rights in the United States. 
(2) PUBLIC INPUT.—In carrying out paragraph 
(1), the Intellectual Property Enforcement Coordi-
nator shall solicit and give consideration to the views 
and recommendations of members of the public, in-
cluding holders of intellectual property rights in the 
United States. 
(b) REPORT TO CONGRESS.—The Intellectual Prop-
erty Enforcement Coordinator shall, not later than 6 
months after the date of the enactment of this Act, submit 
to the Committees on the Judiciary of the House of Rep-
resentatives and the Senate a report that includes the fol-
lowing: 
(1) An analysis of notorious foreign infringers 
and a discussion of how these infringers violate in-
dustry norms regarding the protection of intellectual 
property. 
(2) An analysis of the significant harm inflicted 
by notorious foreign infringers on consumers, busi-
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nesses, and intellectual property industries in the 
United States and abroad. 
(3) An examination of whether notorious for-
eign infringers have attempted to or succeeded in ac-
cessing capital markets in the United States for 
funding or public offerings. 
(4) An analysis of the adequacy of relying upon 
foreign governments to pursue legal action against 
notorious foreign infringers. 
(5) A discussion of specific policy recommenda-
tions to deter the activities of notorious foreign in-
fringers and encourage foreign businesses to adopt 
industry norms that promote the protection of intel-
lectual property globally, including addressing— 
(A) whether notorious foreign infringers 
that engage in significant infringing activity 
should be prohibited by the laws of the United 
States from seeking to raise capital in the 
United States, including offering stock for sale 
to the public; and 
(B) whether the United States Government 
should initiate a process to identify and des-
ignate foreign entities from a list of notorious 
foreign infringers that would be prohibited from 
raising capital in the United States. 
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TITLE 
II—ADDITIONAL 
EN-
HANCEMENTS TO COMBAT IN-
TELLECTUAL 
PROPERTY 
THEFT 
SEC. 201. STREAMING OF COPYRIGHTED WORKS IN VIOLA-
TION OF CRIMINAL LAW. 
(a) TITLE 17 AMENDMENTS.—Section 506(a) of title 
17, United States Code, is amended to read as follows: 
‘‘(a) CRIMINAL INFRINGEMENT.— 
‘‘(1) IN GENERAL.—Any person who willfully 
infringes a copyright shall be punished as provided 
under section 2319 of title 18, if the infringement 
was committed— 
‘‘(A) for purposes of commercial advantage 
or private financial gain; 
‘‘(B) by the reproduction or distribution, 
including by electronic means, during any 180- 
day period, of 1 or more copies or phonorecords 
of 1 or more copyrighted works, or by the pub-
lic performance by means of digital trans-
mission, during any 180-day period, of 1 or 
more copyrighted works, when the total retail 
value of the copies or phonorecords, or of the 
public performances, is more than $1,000; or 
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‘‘(C) by the distribution or public perform-
ance of a work being prepared for commercial 
dissemination, by making it available on a com-
puter network accessible to members of the 
public, if such person knew or should have 
known that the work was intended for commer-
cial dissemination. 
‘‘(2) EVIDENCE.—For purposes of this sub-
section, evidence of reproduction, distribution, or 
public performance of a copyrighted work, by itself, 
shall not be sufficient to establish willful infringe-
ment of a copyright. 
‘‘(3) DEFINITION.—In this subsection, the term 
‘work being prepared for commercial dissemination’ 
means— 
‘‘(A) a computer program, a musical work, 
a motion picture or other audiovisual work, or 
a sound recording, if, at the time of unauthor-
ized distribution or public performance— 
‘‘(i)(I) the copyright owner has a rea-
sonable expectation of commercial distribu-
tion; and 
‘‘(II) the copies or phonorecords of 
the work have not been commercially dis-
tributed in the United States by or with 
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the authorization of the copyright owner; 
or 
‘‘(ii)(I) the copyright owner does not 
intend to offer copies of the work for com-
mercial distribution but has a reasonable 
expectation of other forms of commercial 
dissemination of the work; and 
‘‘(II) the work has not been commer-
cially disseminated to the public in the 
United States by or with the authorization 
of the copyright owner; 
‘‘(B) a motion picture, if, at the time of 
unauthorized distribution or public perform-
ance, the motion picture— 
‘‘(i)(I) has been made available for 
viewing in a motion picture exhibition facil-
ity; and 
‘‘(II) has not been made available in 
copies for sale to the general public in the 
United States by or with the authorization 
of the copyright owner in a format in-
tended to permit viewing outside a motion 
picture exhibition facility; or 
‘‘(ii) had not been commercially dis-
seminated to the public in the United 
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States by or with the authorization of the 
copyright owner more than 24 hours before 
the unauthorized distribution or public per-
formance.’’. 
(b) TITLE 18 AMENDMENTS.—Section 2319 of title 
18, United States Code, is amended— 
(1) in subsection (b)(1), by striking ‘‘during 
any 180-day period’’ and all that follows and insert 
‘‘of at least 10 copies or phonorecords, or of at least 
10 public performances by means of digital trans-
mission, of 1 or more copyrighted works, during any 
180-day period, which have a total retail value of 
more than $2,500;’’; 
(2) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘of 10 or 
more copies or phonorecords’’ and all that fol-
lows and inserting ‘‘including by electronic 
means, of at least 10 copies or phonorecords, or 
of at least 10 public performances by means of 
digital transmission, of 1 or more copyrighted 
works, during any 180-day period, which have 
a total retail value of more than $2,500;’’; and 
(B) in paragraph (3), by striking ‘‘if the 
offense’’ and all that follows and inserting ‘‘in 
any other case;’’; 
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‘‘(i) INDIVIDUAL.—An individual who 
commits an offense described in subpara-
graph (A) after the individual is convicted 
of an offense under subparagraph (A) shall 
be fined not more than $15,000,000, im-
prisoned not more than 30 years, or both. 
‘‘(ii) PERSON OTHER THAN AN INDI-
VIDUAL.—A person other than an indi-
vidual that commits an offense described in 
subparagraph (A) after the person is con-
victed of an offense under subparagraph 
(A) 
shall 
be 
fined 
not 
more 
than 
$30,000,000.’’. 
(2) Subsection (e) is amended— 
(A) in paragraph (1), by striking the pe-
riod at the end and inserting a semicolon; 
(B) in paragraph (3), by striking ‘‘and’’ at 
the end; 
(C) in paragraph (4), by striking the pe-
riod at the end and inserting a semicolon; and 
(D) by adding at the end the following: 
‘‘(5) the term ‘counterfeit drug’ has the mean-
ing given that term in section 201(g)(2) of the Fed-
eral Food Drug, and Cosmetic Act (21 U.S.C. 
321(g)(2)); 
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