H.R.3261
Stop Online Piracy Act (Introduced in House - IH)
SEC. 102. ACTION BY ATTORNEY GENERAL TO PROTECT U.S. CUSTOMERS AND PREVENT U.S. SUPPORT OF FOREIGN INFRINGING SITES.
(a) Definition- For purposes of this section, a foreign Internet site or portion thereof is a `foreign infringing site' if--
(1) the Internet site or portion thereof is a U.S.-directed site and is used by users in the United States;
(2) the owner or operator of such Internet site is committing or facilitating the commission of criminal violations punishable under section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of title 18, United States Code; and
(3) the Internet site would, by reason of acts described in paragraph (1), be subject to seizure in the United States in an action brought by the Attorney General if such site were a domestic Internet site.
(b) Action by the Attorney General-
(1) IN PERSONAM- The Attorney General may commence an in personam action against--
(A) a registrant of a domain name used by a foreign infringing site; or
(B) an owner or operator of a foreign infringing site.
(2) IN REM- If through due diligence the Attorney General is unable to find a person described in subparagraph (A) or (B) of paragraph (1), or no such person found has an address within a judicial district of the United States, the Attorney General may commence an in rem action against a foreign infringing site or the foreign domain name used by such site.
(3) NOTICE- Upon commencing an action under this subsection, the Attorney General shall send a notice of the alleged violation and intent to proceed under this section--
(A) to the registrant of the domain name of the Internet site--
(i) at the postal and electronic mail addresses appearing in the applicable publicly 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, to the extent such addresses are reasonably available; or
(B) to the owner or operator of the Internet site--
(i) at the primary postal and electronic mail addresses for such owner or operator that is provided on the Internet site, if any, and to the extent such addresses are reasonably available; or
(ii) if there is no domain name of the Internet site, via the postal and electronic mail addresses of the Internet Protocol allocation entity appearing in the applicable publicly accessible 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 provide, including as may be required by rule 4(f) of the Federal Rules of Civil Procedure.
(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 the Attorney General following the commencement of an action under this section, 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 foreign infringing site or an owner or operator of the foreign infringing site or, in an action brought in rem under paragraph (2), against the foreign infringing site or a portion of such site, or the domain name used by such site, to cease and desist from undertaking any further activity as a foreign infringing site.
(c) Actions Based on Court Orders-
(1) SERVICE- A process server on behalf of the Attorney General, with prior approval of the court, may serve a copy of a court order issued pursuant to this section on similarly situated entities within each class described in paragraph (2). Proof of service shall be filed with the court.
(2) REASONABLE MEASURES- After being served with a copy of an order pursuant to this subsection, the following shall apply:
(A) SERVICE PROVIDERS-
(i) IN GENERAL- A service provider shall take technically feasible and reasonable measures designed to prevent access by its subscribers located within the United States to the foreign infringing site (or portion thereof) that is subject to the order, including measures designed to prevent the domain name of the foreign infringing site (or portion thereof) from resolving to that domain name's Internet Protocol address. Such actions shall be taken 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.
(ii) LIMITATIONS- A service provider shall not be required--
(I) other than as directed under this subparagraph, to modify its network, software, systems, or facilities;
(II) to take any measures with respect to domain name resolutions not performed by its own domain name server; or
(III) to continue to prevent access to a domain name to which access has been effectively disabled by other means.
(iii) CONSTRUCTION- Nothing in this subparagraph shall affect the limitation on the liability of a service provider under section 512 of title 17, United States Code.
(iv) TEXT OF NOTICE- The Attorney General shall prescribe the text of any notice 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 provider 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 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, prohibit, or suspend its service from completing payment transactions involving customers 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 payment 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 provide advertising to or for the foreign infringing 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 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--
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