H. R. 3632—5
(B) in the case of a civil action under section 2318(f)
of title 18, United States Code, to the electronic trans-
mission of a counterfeit label or counterfeit documentation
or packaging defined in paragraph (1) or (6) of section
2318(b) of title 18, United States Code.
(b) FAIR USE.—The amendments made by this title shall not
affect the fair use, under section 107 of title 17, United States
Code, of a genuine certificate, licensing document, registration card,
similar labeling component, or documentation or packaging
described in paragraph (4) or (5) of section 2318(b) of title 18,
United States Code, as amended by this title.
TITLE II—FRAUDULENT ONLINE
IDENTITY SANCTIONS
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Fraudulent Online Identity
Sanctions Act’’.
SEC. 202. AMENDMENT TO TRADEMARK ACT OF 1946.
Section 35 of the Act entitled ‘‘An Act to provide for the registra-
tion and protection of trademarks used in commerce, to carry out
the provisions of certain international conventions, and for other
purposes’’, approved July 5, 1946 (commonly referred to as the
‘‘Trademark Act of 1946’’; 15 U.S.C. 1117), is amended by adding
at the end the following new subsection:
‘‘(e) In the case of a violation referred to in this section, it
shall be a rebuttable presumption that the violation is willful for
purposes of determining relief if the violator, or a person acting
in concert with the violator, knowingly provided or knowingly
caused to be provided materially false contact information to a
domain name registrar, domain name registry, or other domain
name registration authority in registering, maintaining, or renewing
a domain name used in connection with the violation. Nothing
in this subsection limits what may be considered a willful violation
under this section.’’.
SEC. 203. AMENDMENT TO TITLE 17, UNITED STATES CODE.
Section 504(c) of title 17, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(3) (A) In a case of infringement, it shall be a rebuttable
presumption that the infringement was committed willfully
for purposes of determining relief if the violator, or a person
acting in concert with the violator, knowingly provided or know-
ingly caused to be provided materially false contact information
to a domain name registrar, domain name registry, or other
domain name registration authority in registering, maintaining,
or renewing a domain name used in connection with the
infringement.
‘‘(B) Nothing in this paragraph limits what may be consid-
ered willful infringement under this subsection.
‘‘(C) For purposes of this paragraph, the term ‘domain
name’ has the meaning given that term in section 45 of the
Act entitled ‘An Act to provide for the registration and protec-
tion of trademarks used in commerce, to carry out the provisions
of certain international conventions, and for other purposes’
H. R. 3632—6
approved July 5, 1946 (commonly referred to as the ‘Trademark
Act of 1946’; 15 U.S.C. 1127).’’.
SEC. 204. AMENDMENT TO TITLE 18, UNITED STATES CODE.
(a) SENTENCING
ENHANCEMENT.—Section 3559 of title 18,
United States Code, is amended by adding at the end the following:
‘‘(f)(1) If a defendant who is convicted of a felony offense (other
than offense of which an element is the false registration of a
domain name) knowingly falsely registered a domain name and
knowingly used that domain name in the course of that offense,
the maximum imprisonment otherwise provided by law for that
offense shall be doubled or increased by 7 years, whichever is
less.
‘‘(2) As used in this section—
‘‘(A) the term ‘falsely registers’ means registers in a manner
that prevents the effective identification of or contact with
the person who registers; and
‘‘(B) the term ‘domain name’ has the meaning given that
term is section 45 of 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 (commonly
referred to as the ‘Trademark Act of 1946’) (15 U.S.C. 1127).’’.
(b) UNITED STATES SENTENCING COMMISSION.—
(1) DIRECTIVE.—Pursuant to its authority under section
994(p) of title 28, United States Code, and in accordance with
this section, the United States Sentencing Commission shall
review and amend the sentencing guidelines and policy state-
ments to ensure that the applicable guideline range for a
defendant convicted of any felony offense carried out online
that may be facilitated through the use of a domain name
registered with materially false contact information is suffi-
ciently stringent to deter commission of such acts.
(2) REQUIREMENTS.—In carrying out this subsection, the
Sentencing Commission shall provide sentencing enhancements
for anyone convicted of any felony offense furthered through
knowingly providing or knowingly causing to be provided mate-
rially false contact information to a domain name registrar,
domain name registry, or other domain name registration
authority in registering, maintaining, or renewing a domain
name used in connection with the violation.
(3) DEFINITION.—For purposes of this subsection, the term
‘‘domain name’’ has the meaning given that term in section
45 of 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 (commonly referred
to as the ‘‘Trademark Act of 1946’’; 15 U.S.C. 1127).
SEC. 205. CONSTRUCTION.
(a) FREE SPEECH AND PRESS.—Nothing in this title shall enlarge
or diminish any rights of free speech or of the press for activities
related to the registration or use of domain names.
(b) DISCRETION OF COURTS IN DETERMINING RELIEF.—Nothing
in this title shall restrict the discretion of a court in determining
damages or other relief to be assessed against a person found
liable for the infringement of intellectual property rights.
H. R. 3632—7
(c) DISCRETION OF COURTS IN DETERMINING TERMS OF IMPRIS-
ONMENT.—Nothing in this title shall be construed to limit the
discretion of a court to determine the appropriate term of imprison-
ment for an offense under applicable law.
TITLE III—COURTS
SEC. 301. ADDITIONAL PLACE OF HOLDING COURT IN THE DISTRICT
OF COLORADO.
Section 85 of title 28, United States Code, is amended by
inserting ‘‘Colorado Springs,’’ after ‘‘Boulder,’’.
SEC. 302. PLACE OF HOLDING COURT IN THE NORTHERN DISTRICT
OF NEW YORK.
Section 112(a) of title 28, United States Code, is amended
by inserting ‘‘Plattsburgh,’’ after ‘‘Malone,’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.