II 
108TH CONGRESS 
2D SESSION 
H. R. 4077 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 29, 2004 
Received 
AN ACT 
To enhance criminal enforcement of the copyright laws, to 
educate the public about the application of copyright 
law to the Internet, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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TITLE I—PIRACY DETERRENCE 
IN EDUCATION 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Piracy Deterrence and 
Education Act of 2004’’. 
SEC. 102. FINDINGS. 
The Congress finds as follows: 
(1) The Internet, while changing the way our 
society communicates, has also changed the nature 
of many crimes, including the theft of intellectual 
property. 
(2) Trafficking in infringing copyrighted works 
through increasingly sophisticated electronic means, 
including peer-to-peer file trading networks, Internet 
chat rooms, and news groups, threatens lost jobs, 
lost income for creators, lower tax revenue, and 
higher prices for honest purchasers. 
(3) The most popular peer-to-peer file trading 
software programs have been downloaded by com-
puter users over 600,000,000 times. At any one time 
there are over 3,000,000 users simultaneously using 
just one of these services. Each month, on average, 
over 2,300,000,000 digital-media files are trans-
ferred among users of peer-to-peer systems.
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(4) Many computer users simply believe that 
they will not be caught or prosecuted for their con-
duct. 
(5) The security and privacy threats posed by 
certain peer-to-peer networks extend beyond users 
inadvertently enabling a hacker to access files. Mil-
lions of copies of one of the most popular peer-to- 
peer networks contain software that could allow an 
independent company to take over portions of users’ 
computers and Internet connections and has the ca-
pacity to keep track of users’ online habits. 
(6) In light of these considerations, Federal law 
enforcement agencies should actively pursue crimi-
nals who steal the copyrighted works of others, and 
prevent such activity through enforcement and 
awareness. The public should be educated about the 
security and privacy risks associated with being con-
nected to certain peer-to-peer networks. 
SEC. 103. VOLUNTARY PROGRAM OF DEPARTMENT OF JUS-
TICE. 
(a) VOLUNTARY PROGRAM.—The Attorney General is 
authorized to establish a program under which the De-
partment of Justice, in cases where persons who are sub-
scribers of Internet service providers appear to the De-
partment of Justice to be engaging in copyright infringing
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conduct in the course of using such Internet service, would 
send to the Internet service providers warning letters that 
warn such persons of the penalties for such copyright in-
fringement. The Internet service providers may forward 
the warning letters to such persons. 
(b) LIMITATIONS ON PROGRAM.— 
(1) EXTENT AND LENGTH OF PROGRAM.—The 
program under subsection (a) shall terminate at the 
end of the 18-month period beginning on the date of 
the enactment of this Act and shall be limited to not 
more than 10,000 warning letters. 
(2) PRIVACY PROTECTIONS.—No Internet serv-
ice provider that receives a warning letter from the 
Department of Justice under subsection (a) may dis-
close to the Department any identifying information 
about the subscriber that is the subject of the warn-
ing letter except pursuant to court order or other 
applicable legal process that requires such disclo-
sure. 
(c) REIMBURSEMENT OF INTERNET SERVICE PRO-
VIDERS.—The Department of Justice shall reimburse 
Internet service providers for all reasonable direct costs 
incurred by such service providers in identifying the prop-
er recipients of the warning letters under subsection (a) 
and forwarding the letters.
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(d) REPORTS TO CONGRESS.—The Attorney General 
shall submit to the Congress a report on the program es-
tablished under subsection (a) both at the time the pro-
gram is initiated and at the conclusion of the program. 
(e) INADMISSIBILITY OF EVIDENCE.—The fact that 
an Internet service provider participated in the program 
under subsection (a), received a warning letter from the 
Department of Justice, was aware of the contents of the 
warning letter, or forwarded the warning letter to a sub-
scriber, shall not be admissible in any legal proceeding 
brought against the Internet service provider. 
(f) CONSTRUCTION.—Nothing in this section shall be 
construed to affect the ability of a court to consider, in 
a legal proceeding brought against an Internet service pro-
vider, notifications of claimed infringement as described 
in section 512(c)(3) of title 17, United States Code, or 
any other relevant evidence, other than that described in 
subsection (e). 
SEC. 104. DESIGNATION AND TRAINING OF AGENTS IN COM-
PUTER HACKING AND INTELLECTUAL PROP-
ERTY UNITS. 
(a) DESIGNATION OF AGENTS IN CHIPS UNITS.— 
The Attorney General shall ensure that any unit in the 
Department of Justice responsible for investigating com-
puter hacking or responsible for investigating intellectual
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property crimes is assigned at least one agent to support 
such unit for the purpose of investigating crimes relating 
to the theft of intellectual property. 
(b) TRAINING.—The Attorney General shall ensure 
that each agent assigned under subsection (a) has received 
training in the investigation and enforcement of intellec-
tual property crimes. 
SEC. 105. EDUCATION PROGRAM. 
(a) ESTABLISHMENT.—There shall be established 
within the Office of the Associate Attorney General of the 
United States an Internet Use Education Program. 
(b) PURPOSE.—The purpose of the Internet Use 
Education Program shall be to— 
(1) educate the general public concerning the 
value of copyrighted works and the effects of the 
theft of such works on those who create them; and 
(2) educate the general public concerning the 
privacy, security, and other risks of using the Inter-
net to obtain illegal copies of copyrighted works. 
(c) SECTOR SPECIFIC MATERIALS.—The Internet 
Use Educational Program shall, to the extent appropriate, 
develop materials appropriate to Internet users in dif-
ferent sectors of the general public where criminal copy-
right infringement is a concern. The Attorney General
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shall consult with appropriate interested parties in devel-
oping such sector-specific materials. 
(d) CONSULTATIONS.—The Attorney General shall 
consult with the Register of Copyrights and the Secretary 
of Commerce in developing the Internet Use Education 
Program under this section. 
(e) PROHIBITION ON USE OF CERTAIN FUNDS.—The 
program created under this section shall not use funds or 
resources of the Department of Justice allocated for crimi-
nal investigation or prosecution. 
(f) ADDITIONAL PROHIBITION
ON
THE USE
OF 
FUNDS.—The program created under this section shall 
not use any funds or resources of the Department of Jus-
tice allocated for the Civil Rights Division of the Depart-
ment, including any funds allocated for the enforcement 
of civil rights or the Voting Rights Act of 1965. 
SEC. 106. ACTIONS BY THE GOVERNMENT OF THE UNITED 
STATES. 
Section 411(a) of title 17, United States Code, is 
amended in the first sentence by striking ‘‘Except for’’ 
and inserting ‘‘Except for an action brought by the Gov-
ernment of the United States or by any agency or instru-
mentality thereof, or’’ .
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SEC. 107. AUTHORIZED APPROPRIATIONS. 
There are authorized to be appropriated to the De-
partment of Justice for fiscal year 2005 not less than 
$15,000,000 for the investigation and prosecution of viola-
tions of title 17, United States Code. 
SEC. 108. CRIMINAL PENALTIES FOR UNAUTHORIZED RE-
CORDING OF MOTION PICTURES IN A MO-
TION PICTURE EXHIBITION FACILITY. 
(a) IN GENERAL.—Chapter 113 of title 18, United 
States Code, is amended by adding after section 2319A 
the following new section: 
‘‘§ 2319B. Unauthorized recording of motion pictures 
in a motion picture exhibition facility 
‘‘(a) OFFENSE.—Any person who, without the au-
thorization of the copyright owner, knowingly uses or at-
tempts to use an audiovisual recording device to transmit 
or make a copy of a motion picture or other audiovisual 
work protected under title 17, or any part thereof, from 
a performance of such work in a motion picture exhibition 
facility, shall— 
‘‘(1) be imprisoned for not more than 3 years, 
fined under this title, or both; or 
‘‘(2) if the offense is a second or subsequent of-
fense, be imprisoned for no more than 6 years, fined 
under this title, or both.
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The possession by a person of an audiovisual recording 
device in a motion picture exhibition facility may be con-
sidered as evidence in any proceeding to determine wheth-
er that person committed an offense under this subsection, 
but shall not, by itself, be sufficient to support a conviction 
of that person for such offense. 
‘‘(b) FORFEITURE AND DESTRUCTION.—When a per-
son is convicted of an offense under subsection (a), the 
court in its judgment of conviction shall, in addition to 
any penalty provided, order the forfeiture and destruction 
or other disposition of all unauthorized copies of motion 
pictures or other audiovisual works protected under title 
17, or parts thereof, and any audiovisual recording devices 
or other equipment used in connection with the offense. 
‘‘(c) AUTHORIZED ACTIVITIES.—This section does 
not prevent any lawfully authorized investigative, protec-
tive, or intelligence activity by an officer, agent, or em-
ployee of the United States, a State, or a political subdivi-
sion of a State, or by a person acting under a contract 
with the United States, a State, or a political subdivision 
of a State. 
‘‘(d) IMMUNITY FOR THEATERS AND AUTHORIZED 
PERSONS.—With reasonable cause, the owner or lessee of 
a motion picture facility where a motion picture is being 
exhibited, the authorized agent or employee of such owner