IB 
Union Calendar No. 310 
108TH CONGRESS 
2D SESSION 
H. R. 3754 
[Report No. 108–536] 
To provide additional civil and criminal remedies for domain name fraud. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 3, 2004 
Mr. SMITH of Texas (for himself and Mr. BERMAN) introduced the following 
bill; which was referred to the Committee on the Judiciary 
JUNE 9, 2004 
Additional sponsor: Mr. SESSIONS 
JUNE 9, 2004 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on February 3, 2004] 
A BILL 
To provide additional civil and criminal remedies for domain 
name fraud. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fraudulent Online Iden-
tity Sanctions Act’’. 
SEC. 2. AMENDMENT TO TRADEMARK ACT OF 1946. 
Section 35 of the Act entitled ‘‘An Act to provide for 
the registration and protection of trademarks used in com-
merce, 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 sec-
tion, 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, do-
main name registry, or other domain name registration au-
thority 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. 3. 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 knowingly caused to 
be provided materially false contact information to a 
domain name registrar, domain name registry, or 
other domain name registration authority in reg-
istering, maintaining, or renewing a domain name 
used in connection with the infringement. 
‘‘(B) Nothing in this paragraph limits what 
may be considered 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 protection of trademarks used in 
commerce, to carry out the provisions of certain inter-
national conventions, and for other purposes’ ap-
proved July 5, 1946 (commonly referred to as the 
‘Trademark Act of 1946’; 15 U.S.C. 1127).’’. 
SEC. 4. 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 being prosecuted for a felony of-
fense (other than offense of which an element is the false 
registration of a domain name) knowingly falsely registers 
a domain name and knowingly uses that domain name in 
the course of that offense, the maximum imprisonment oth-
erwise 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 provi-
sions of certain international conventions, and for 
other purposes’ approved July 5, 1946 (commonly re-
ferred 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 statements 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 
sufficiently stringent to deter commission of such acts. 
(2) REQUIREMENTS.—In carrying out this sub-
section, the Sentencing Commission shall provide sen-
tencing enhancements for anyone convicted of any fel-
ony offense furthered through knowingly providing or 
knowingly causing to be provided materially false 
contact information to a domain name registrar, do-
main name registry, or other domain name registra-
tion authority in registering, maintaining, or renew-
ing a domain name used in connection with the vio-
lation. 
(3) DEFINITION.—For purposes of this sub-
section, 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 provi-
sions 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).
Union Calendar No. 310 
108TH CONGRESS 
2D SESSION 
H. R. 3754 
[Report No. 108–536] 
A BILL 
To provide additional civil and criminal remedies 
for domain name fraud. 
JUNE 9, 2004 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed