,i #aaith ,,congress #b;d ,session ,h4 ,r4 #ajcfd ,,in ,,the ,,house ,,of ,,representatives ,september #ad1 #bjbf,mr4 ,issa introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ag1 ,united ,states ,code1 to establish procedures for blocking access to foreign online locations engaged in copyright piracy1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,american ,copyright ,protection ,act of #bjbf4 #b4 ,blocking foreign piracy sites 7a7 ,amendment 7#a7 ,in general ,title #ag1 ,united ,states ,code1 is amended by adding at the end the following3 #af ,foreign ,piracy ,site ,blocking ,chapter #af--;,foreign ,piracy ,site ,blocking #afja4 ,definitions4 #afjb4 ,judicial determination of foreign piracy sites4 #afjc4 ,motion to rescind by operator of an accused online service4 #afjd4 ,petitions for judicial order blocking foreign piracy site4 #afje4 ,enforcement of judicial order blocking foreign piracy site4 #afjf4 ,motions with respect to judicial order blocking foreign piracy site4 #afjg4 ,venue4 #afjh4 ,miscellaneous provisions4 #afji4 ,cost reimbursement4 #afaj4 ,protections from liability4 #afaa4 ,relation to other statutes and rules of construction4 #afja4 ,definitions ,in this chapter3 7#a7 ,accused online service ,the term accused online service means a foreign online location that is identified and alleged to be a foreign piracy site in an action under section #afjb7;a74 7#b7 ,copyright owner ,the term copyright owner means an owner or exclusive licensee of an exclusive right described in section #ajf4 7#c7 ,foreign piracy site ,the term foreign piracy site means a foreign online location that a district court of the ,united ,states has determined to be a foreign piracy site in a declaration under section #afjb7;b74 7#d7 ,named service provider ,the term named service provider means a service provider that is identified in an order issued under section #afjd7;d74 7#e7 ,foreign online location ,the term foreign online location means a website or uniquely identifiable online location that is-- 7,a7 accessible to the public2 7,b7 operated by an individual or entity located outside the ,united ,states 7or the location of which cannot be determined to be within the ,united ,states following a reasonable investigation72 and 7,c7 identifiable by #a or more ,internet ,protocol addresses1 fully qualified domains1 or other similar online identifiers4 7#f7 ,service provider 7,a7 ,in general ,the term service provider means an entity offering the transmission1 routing1 or providing of connections for digital online communications1 between or among points specified by a user1 of material of the user's choosing1 without modification to the content of the material as sent or received4 7,b7 ,inclusions ,the term service provider includes providers of broadband internet access services1 providers of domain name resolution services1 and virtual private networks1 but excludes root nameserver operators and top level domain registries4 7,c7 ,exclusions ,the term service provider excludes-- 7i7 any entity that provides services to fewer than #ajj1jjj monthly users or subscribers in the ,united ,states2 and 7ii7 any premises operator that acquires internet services from another entity to enable patrons or employees to access the internet while on the premises of the premises operator's establishment1 such as an airport1 carrier1 library1 university1 restaurant1 retail store1 or other such business or organization4 7#g7 ,time-sensitive event ,the term time-sensitive event means a work that is first publicly distributed1 performed1 or displayed contemporaneously with1 or not more than #bd hours after1 the first authorized public performance to a general audience or distribution to the public of the work in the ,united ,states4 #afjb4 ,judicial determination of foreign piracy sites 7a7 ,right of action ,a copyright owner may bring an action in a district court of the ,united ,states1 subject to section #afjg1 for a declaration that an accused online service is a foreign piracy site4 7b7 ,requirements for declaration ,in an action under subsection 7a71 the court shall issue a declaration1 with accompanying findings1 that the accused online location is a foreign piracy site if the copyright owner shows by a preponderance of the evidence that-- 7#a7 the operator of the accused online location is violating or will violate an exclusive right or protection afforded the copyright owner under this title due to material accessible at the accused online location2 7#b7 the copyright owner provided1 or made good faith efforts to provide1 notice of the infringement to-- 7,a7 the operator of the accused online service2 and 7,b7 the domain name registrar of the accused online service2 7#c7 the copyright owner has been injured or will be injured by the violation2 7#d7 the operator of the accused online service is outside of the ,united ,states1 or could not be located within the ,united ,states following a reasonable investigation2 and 7#e7 the accused online service-- 7,a7 is primarily designed or provided for the purpose of providing access to material that violates an exclusive right or protection afforded under this title2 7,b7 has only limited commercially significant purpose or use other than providing access to material that violates an exclusive right or protection afforded under this title2 or 7,c7 is marketed by or at the direction of the operator of the accused online service to promote the use of the foreign online service in committing a violation of an exclusive right or protection afforded under this title4 7c7 ,special master ,in an action under subsection 7a71 the court may appoint a special master under ,rule #ec of the ,federal ,rules of ,civil ,procedure to assist the court in ensuring that the copyright owner has met its burden under subsection 7b74 #afjc4 ,motion to rescind by operator of an accused online service 7a7 ,motion ,to rescind declaration or blocking order ,at any time while an action under section #afjb7;a7 is pending1 or an order under section #afjd7;d7 is in force1 the operator of the accused online service may move the court to rescind a declaration issued under section #afjb7;b7 or an order issued under section #afjd7;d74 7b7 ,requirements for rescission ,the court shall grant the motion to rescind the declaration or order if the operator of the accused online service-- 7#a7 concurrently with its motion-- 7,a7 submits to the jurisdiction of the court for all claims arising from or related to the alleged violative activity at the foreign online location2 7,b7 waives all objections with respect to jurisdiction1 venue1 service of process1 and forum non conveniens1 except for purposes of a motion to transfer under sections #adjd7;a71 #adjf7;a71 or #afca of title #bh2 7,c7 posts a bond in an amount determined by the court to be sufficient to ensure compliance with any judgment of the court related to the alleged violative activity at the foreign online location2 and 7,d7 is in compliance with any other order of the court to cease the violative activity2 or 7#b7 demonstrates that a preponderance of the evidence does not support the findings of the court under section #afjb7;b74 7c7 ,leave ,to assert copyright infringement ,if a court grants the motion under subsection 7b71 the court shall grant leave for the copyright owner to amend its pleadings to add at least #a claim of a violation under this title4 7d7 ,stay of declaration or blocking order ,the court1 at its discretion and upon motion filed by the operator of the accused online service1 may stay a declaration under section #afjb7;b7 or an order issued under section #afjd7;d7 while a motion under subsection 7a7 of this section is pending before the court4 #afjd4 ,petitions for judicial order blocking foreign piracy site 7a7 ,petition for blocking order ,in an action where a court has issued a declaration under section #afjb7;b71 and the court has not rescinded the declaration under section #afjc7;b71 the copyright owner may petition the court for an order enjoining each service provider named in the order consistent with subsection 7d7 of this section4 7b7 ,requirements for petition ,in a petition under subsection 7a71 the copyright owner shall-- 7#a7 name all service providers that the copyright owner reasonably believes must be included to1 in the aggregate1 effectively reduce access to the foreign piracy site from the ,united ,states by a commercially significant amount2 and 7#b7 certify that the copyright owner-- 7,a7 provided a copy of the petition and the declaration of the court of the foreign piracy site to each named service provider2 7,b7 informed each named service provider about its ability to contest its inclusion in any order under this section2 and 7,c7 filed a notice of the action at the ,united ,states ,copyright ,office1 to be published in the ,federal ,register4 7c7 ,deadline for service provider response ,subject to section #afjh7;a71 the court shall set a date1 not less than #ad days after the filing of the petition1 before which a named service provider may enter an appearance and respond to the petition1 and no order on the petition may be issued before that date4 7d7 ,issuance of blocking order ,upon a determination by the court that the copyright owner has satisfied the requirements of subsection 7b71 the court shall issue an order that-- 7#a7 identifies the foreign piracy site that is the subject of the order2 7#b7 names each service provider that is subject to the order1 subject to subsection 7f72 7#c7 requires each named service provider to take all commercially reasonable steps to prevent users or subscribers from using its systems or networks to access the foreign piracy site from the ,united ,states2 7#d7 sets a date by which each named service provider is required to implement the order that is not less than #ad days and no more than #cj days after the service provider receives notice of the order1 subject to section #afjh7;a72 7#e7 sets a date on which the order will expire that is not later than necessary to address the infringement1 and not later than #ab months after issuance of the order2 and 7#f7 requires the copyright owner to post a bond in an amount determined by the court to be sufficient to pay the costs and damages sustained by any service provider found to have been wrongfully enjoined4 7e7 ,duties of copyright owner ,when an order under subsection 7d7 is issued1 the copyright owner shall-- 7#a7 provide1 or make a good faith effort to provide1 a copy of the order to each named service provider and the operator of the foreign piracy site1 to the extent the court does not do so2 7#b7 file with the ,register of ,copyrights a copy of the order1 and notify the ,register if the order is modified1 expired1 rescinded1 or terminated within #aj days of the modification1 expiration1 rescission1 or termination2 and 7#c7 make reasonable efforts to-- 7,a7 periodically monitor the foreign piracy site2 7,b7 verify the continuing accuracy of the information submitted by the copyright owner on which the foreign piracy site declaration was based1 including1 where applicable1 domain names1 internet protocol addresses1 and uniform resource locators2 and 7,c7 notify the court and all named service providers of any material change to the information as soon as reasonably practicable after becoming aware of the change4 7f7 ,limitations and entitlements 7#a7 ,limitations on naming service providers ,the court may not name a service provider in an order under subsection 7d7 unless-- 7,a7 the service provider was named in the petition under subsection 7a72 and 7,b7 7i7 the service provider consents to its inclusion in the order2 or 7ii7 the court determines that the following factors1 when the totality of the circumstances is considered1 weigh in favor of including the service provider3 7,i7 ,the burden on the service provider or the operation of its systems or networks to implement the order4 7,,ii7 ,the technical feasibility and efficacy of the service provider implementing the order4 7,,iii7 ,the harm likely to be suffered by the copyright owner if the service provider is not included in the order4 7,,iv7 ,the potential for incidental harm or interference with online services1 or users of online services1 other than the foreign piracy site4 7,v7 ,whether including the service provider in the order is likely to impede access by users and subscribers in the ,united ,states to infringing material on the foreign piracy site as compared to not including the service provider in the order4 7,,vi7 ,any benefit or harm to the public in the ,united ,states from including the service provider4 7#b7 ,other limitations ,except as expressly set forth in this chapter1 an order under section #afjd7;d7 may not-- 7,a7 prescribe1 recommend1 or require specific methods1 techniques1 equipment1 or other specific technical measures or actions to implement the order1 or be construed to do so2 or 7,b7 restrict1 regulate1 or bar the use of specific methods1 techniques1 equipment1 or other specific technical measures or actions chosen by a service provider to implement the order1 or be construed to do so4 7#c7 ,entitlements ,a service provider named in an order issued under section #afjd7;d7-- 7,a7 shall be entitled to rely on the accuracy of the information presented in the order1 the declaration under #afjb7;b71 and any other information provided by the copyright owner to the court in an action under section #afjb7;a71 and shall not have any duty or obligation to investigate or verify said information2 and 7,b7 shall be entitled to provide information to its users1 subscribers1 employees1 investors1 or the public about the order1 but shall not be required or obligated to do so1 and may not be held liable for failing to do so4 #afje4 ,enforcement of judicial order blocking foreign piracy site 7a7 ,contempt motion ,a copyright owner may file a motion with the court that issued an order under section #afjd7;d7 with respect to the copyright owner1 seeking an order pursuant to the inherent civil contempt powers of the court to compel compliance with the order by a service provider named in the order1 subject to the provisions of this chapter4 7b7 ,exemptions ,a named service provider shall not be deemed to be in violation of an order under section #afjd7;d71 or otherwise subject to enforcement of the order1 if-- 7#a7 the conduct of the named service provider constituted good faith efforts to implement the order2 or 7#b7 the named service provider temporarily delayed or suspended implementation of the order when reasonably necessary at that time1 and for no longer than necessary1 and where the delay or suspension was reasonable in scope and timing considering any notification by the copyright owner of a time-sensitive event1 to-- 7,a7 correct or investigate restricting access to an online service other than the foreign piracy site2 7,b7 maintain1 repair1 update1 or upgrade the integrity or quality of its network1 systems1 or operations2 7,c7 prevent or respond to an actual or potential security threat to its network1 systems1 or operations2 or 7,d7 comply with law enforcement requests or other court orders4 #afjf4 ,motions with respect to judicial order blocking foreign piracy site 7a7 ,motion by copyright owner ,to terminate order 7#a7 ,in general ,a copyright owner may file a motion with the court that issued an order under section #afjd7;d7 with respect to the copyright owner1 requesting termination of the order4 7#b7 ,grant ,the court shall grant the motion4 7#c7 ,notice ,the copyright owner shall provide1 or make a good faith effort to provide1 notice of the termination to each named service provider1 the operator of the foreign piracy site1 and the ,register of ,copyrights1 to the extent the court does not do so4 7b7 ,motion by copyright owner ,to extend order ,a copyright owner may file a motion with the court that issued an order under section #afjd7;d7 with respect to the copyright owner1 requesting that the term of the order be extended by up to1 but not more than1 an additional #ab months1 subject to subsequent renewal pursuant to the process described in this subsection4 7#a7 ,requirements ,the court may grant the motion if-- 7,a7 the order has not expired and will not expire for at least #fj days from the date the motion is filed2 7,b7 in the motion1 the copyright owner certified that it provided1 or made a good faith effort to provide1 a copy of the motion to each named service provider and the operator of the foreign piracy site2 7,c7 at least #cj days has elapsed since the motion was filed to provide an opportunity for the named service providers and the operator of the foreign piracy site to respond2 7,d7 the copyright owner shows that1 if the order is not extended-- 7i7 the operator of the foreign piracy site is likely to violate an exclusive right or protection afforded the copyright owner under this title due to material accessible on the foreign piracy site2 7ii7 the violation would injure the copyright owner2 and 7iii7 the requested extension is reasonable and proportionate to the likelihood of injury2 and 7,e7 the copyright owner certifies that it will continue to adhere to its obligations under the order and under section #afjd7;e74 7#b7 ,additional matters when motions granted ,if the court grants the motion to extend-- 7,a7 except as ordered by the court1 all other terms of the original order shall remain in force2 and 7,b7 the copyright owner shall provide1 or make a good faith effort to provide1 notice of the new term of the order of the court to each named service provider1 the operator of the foreign piracy site1 and the ,register of ,copyrights1 to the extent the court does not do so4 7c7 ,motion by copyright owner ,to add or remove service providers 7#a7 ,in general ,a copyright owner may file a motion with the court that issued an order under section #afjd7;d7 with respect to the copyright owner1 requesting that the order be modified to name #a or more additional service providers to be subject to the order1 or to remove #a or more named service providers from the order4 7#b7 ,requirements for adding additional provider ,subject to section #afjd7;f77#a71 the court shall grant the motion to add an additional service provider if-- 7,a7 in the motion1 the copyright owner made the certifications required under section #afjd7;b77#b77;,a7 and 7,b7 with respect to the additional service provider1 and certified that it provided a copy of its motion to the additional service provider2 and 7,b7 at least #ad days has elapsed since the motion was filed to provide an opportunity for the additional service provider to appear and respond4 7#c7 ,requirements for removing named service provider ,the court shall grant the motion to remove a named service provider if the copyright owner certifies that it provided a copy of its motion to the service provider1 and that it will provide a copy of the order of the court granting the motion to the service provider within #aj days of issuance4 7d7 ,motion by service provider for removal 7#a7 ,in general ,a service provider named in an order under section #afjd7;d7 may file a motion with the court that issued the order1 requesting that the order be modified to remove the service provider from the order4 7#b7 ,requirements ,the court may grant the motion if-- 7,a7 at least #ad days has elapsed since the motion was filed to provide an opportunity for the copyright owner to respond2 and 7,b7 the service provider shows that a material change in circumstances relating to the limitations set forth in section #afjd7;f77#a7 justifies removal of the service provider from the order4 7#c7 ,waiting period ,if the court grants the motion1 the copyright owner may not file a motion under subsection 7c7 to modify the order to again add the same service provider to the order for at least #f months4 7e7 ,motion ,to modify order ,to cure defect 7#a7 ,in general ,a copyright owner or named service provider may file a motion with the court that issued an order under section #afjd7;d7 with respect to the copyright owner1 requesting that the order be modified to cure a defect in the operation of the order4 7#b7 ,requirements ,the court shall grant the motion if-- 7,a7 based on available information1 the identification of the foreign piracy site is no longer accurate or complete1 or otherwise interferes with implementation of the order2 7,b7 the modification would cure the defect1 including that the same foreign piracy site would be correctly and accurately identified2 7,c7 in the motion1 the movant certified that it provided1 or made a good faith effort to provide1 a copy of the motion to each named service provider1 and the operator of the foreign piracy site2 and 7,d7 subject to subsections 7a7 and 7d7 of section #afjh1 at least #ad days has elapsed since the motion was filed to provide an opportunity for the named service providers and operator of the foreign piracy site to respond4 7#c7 ,court-initiated action ,a court may issue an order sua sponte modifying its prior order under section #afjd7;d7 to cure a defect in the operation of the prior order if-- 7,a7 the court finds that subparagraphs 7,a7 and 7,b7 of paragraph 7#b7 are satisfied2 7,b7 the court provides notice to the copyright owner and each named service provider of its order under this paragraph2 and 7,c7 subject to subsections 7a7 and 7d7 of section #afjh1 the order under this paragraph is held in abeyance for at least #ad days after the notice in subparagraph 7,b7 of this paragraph to provide an opportunity for the copyright owner and named service providers to respond4 7#d7 ,deadlines ,the court shall set appropriate deadlines1 where applicable1 to implement any modification ordered under this subsection4 7f7 ,motion by third party ,to modify order 7#a7 ,in general ,an operator or user of a third party online service may file a motion with the court that issued an order under section #afjd7;b71 requesting that the order be modified to cure a defect in the operation of the order4 7#b7 ,requirements ,the court shall grant the motion if-- 7,a7 the movant enters an appearance before the court and submits to the court's jurisdiction for purposes of the motion2 7,b7 in its motion1 the movant certified that it provided a copy of its motion to the copyright owner and each relevant named service provider2 7,c7 at least #ad days has elapsed since the motion was filed to provide an opportunity for the copyright owner and named service providers to respond2 7,d7 the movant certifies-- 7i7 the movant is the operator or a user of the third party online service2 7ii7 the movant is not the operator of the foreign piracy site1 and is not affiliated with the foreign piracy site or its operator2 7iii7 the third party online service is not the foreign piracy site and is not affiliated with the foreign piracy site2 and 7iv7 the third party online service has not been determined to be a foreign piracy site under this chapter in any other proceeding2 and 7,e7 the movant shows-- 7i7 the order has caused access to the third party online service from the ,united ,states to be restricted for users or subscribers of at least #a service provider named in the order2 7ii7 the movant has suffered an injury in fact by the restriction in access to the third party online service2 and 7iii7 the modification is necessary to restore access to the third party online service4 7#c7 ,preserving the order ,the court shall consider any alternative modification presented that would comparably restore access to the third party online service1 but would be less disruptive to the implementation of the order4 7#d7 ,additional matters related to grant of motion ,if the court grants the motion to modify-- 7,a7 except as ordered by the court1 all other terms of the original order shall remain in force2 and 7,b7 the copyright owner shall provide1 or make a good faith effort to provide1 a copy of the court's order granting the motion to each named service provider1 the operator of the foreign piracy site1 and the ,register of ,copyrights1 to the extent the court does not do so4 7#e7 ,deadlines ,the court shall set appropriate deadlines1 where applicable1 to implement any modification ordered under this subsection4 7#f7 ,compensation ,if the court grants the motion to modify1 the movant may request1 and the court may award to the movant1 a monetary award to be paid by the copyright owner sufficient to compensate the movant for any proven injury and costs for the motion1 except that-- 7,a7 the monetary award may not exceed #bej1jjj2 and 7,b7 the movant must show that the copyright owner caused an error that resulted in the injury to the movant4 #afjg4 ,venue 7a7 ,limitations on venue ,an action under this chapter may only be filed in a district court of the ,united ,states designated under this section by the ,judicial ,conference of the ,united ,states4 7b7 ,designation of district courts ,the ,judicial ,conference of the ,united ,states shall designate district courts1 and maintain a list of designated district courts1 according to the following3 7#a7 ,the ,judicial ,conference shall determine every #e years the number of ,united ,states district judges necessary to adjudicate all cases arising under this chapter4 7#b7 ,the ,judicial ,conference shall maintain a list of district judges that meets or exceeds the most recent determination under paragraph 7#a74 7#c7 ,the list under paragraph 7#b7 shall include at least #a district judge from each regional judicial circuit except the ,district of ,columbia ,circuit4 7#d7 ,the list under paragraph 7#b7 shall include all district judges who request to be included on the list1 as well as additional judges designated by the ,judicial ,conference as necessary4 7#e7 ,the list of designated district courts under this subsection shall comprise the district courts on which the judges on the list under paragraph 7#b7 serve4 7c7 ,public accessibility ,the list of designated courts under subsection 7b7 and the list of designated judges under subsection 7b77#b7 shall be publicly accessible on a website maintained by the ,administrative ,office of the ,united ,states ,courts4 7d7 ,assignment of cases 7#a7 ,in general ,if an action under this chapter is filed in a district court that has been designated under this section1 the case shall be randomly assigned to a judge of that court who is on the list of designated judges under subsection 7b77#b74 7#b7 ,transfer ,if an action under this chapter is filed in a district court that has not been designated under this section1 the case shall be transferred to the designated judicial district within the same judicial circuit that is geographically closest1 and assigned to a judge on the list of designated judges under subsection 7b77#b74 #afjh4 ,miscellaneous provisions 7a7 ,discretion of the court ,to modify deadlines ,notwithstanding any provision of this chapter1 the court in an action under section #afjb7;a7 shall have the discretion to modify any deadline or time period specified in this chapter1 if it finds good cause for the modification and the modification is consistent with due process1 including to address time-sensitive events4 7b7 ,continuing jurisdiction ,in any action under section #afjb7;a7 in which an order was issued under section #afjd7;d71 the court that issued the order shall retain jurisdiction over any proceedings under sections #afje and #afjf4 7c7 ,electronic copies and notice ,except as directed by a court1 any requirement in this chapter to provide documents1 copies of documents1 notices1 or notifications may be done electronically4 7d7 ,emergency relief ,a court in an action filed under section #afjb7;a7 may grant temporary emergency relief only in the form of a temporary restraining order1 consistent with ,rule #fe7;b7 of the ,federal ,rules of ,civil procedure1 which may only provide a remedy on a temporary emergency basis that is otherwise expressly set forth in this chapter1 and only when the court determines that its discretion under subsection 7a7 is insufficient1 including to address time-sensitive events4 7e7 ,real parties in interest ,any real party in interest who controls or directs a copyright owner in initiating or engaging in a proceeding under this chapter1 and all agents controlled or directed by the copyright owner1 shall be bound by the same limitations set forth in this chapter as the copyright owner4 7f7 ,public registry at the copyright office ,the ,register of ,copyrights shall maintain a public registry of all orders issued by any court under section #afjd7;d7 that have not expired and have not been terminated1 and-- 7#a7 the registry shall be made publicly accessible on a website provided by the ,register2 7#b7 no service provider shall have a duty to monitor the registry1 or to implement any order on the registry in which the service provider is not named2 and 7g7 ,rule of construction ,nothing in this chapter shall be construed as authorizing the ,register to exercise any regulatory authority or powers1 or imposing any duty or responsibility other than as expressly set forth in this section1 with respect to matters arising under this chapter4 #afji4 ,cost reimbursement 7a7 ,motion for reimbursement ,a service provider named in an order under section #afjd7;d7 may file a motion with the court that issued the order1 requesting reimbursement by the copyright owner for certain costs incurred to implement the order4 7b7 ,detailed accounting required ,concurrent with its motion1 the named service provider shall provide the court and the copyright owner with a detailed accounting of the costs for which the named service provider seeks reimbursement1 and certify that the information presented is accurate4 7c7 ,requirements ,to determine whether the named service provider has established incurred costs eligible for reimbursement1 the court shall consider the following3 7#a7 ,the reimbursement awarded may include any commercially reasonable cost actually and directly incurred by the named service provider to implement the order1 including portions of overhead costs directly incurred specifically to implement the order1 such as portions of salary costs for specialized personnel directly attributable to time spent on implementing the specific order at issue and not other orders or other tasks4 7#b7 ,the reimbursement awarded may not include any projected or future cost1 depreciation1 or other cost not actually and directly incurred already by the named service provider1 or any commercially unreasonable cost4 7#c7 ,the reimbursement awarded may not include any systemic1 general1 overhead1 or infrastructure-related costs that relate to the operations of the named service provider generally and not specifically to implementing the order at issue1 including overhead costs for general employees and business units such as human resources1 general utility costs1 costs for employee benefits1 capital expenditures for generally-applicable upgrades or maintenance to the systems and networks of the named service provider1 legal fees1 insurance costs1 or taxes4 7#d7 ,the reimbursement awarded may not include any costs dating more than #ij days prior to the filing of the motion4 7d7 ,order ,if the court determines that the named service provider has established incurred costs eligible for reimbursement1 the court shall issue an order requiring the copyright owner to provide the reimbursement to the named service provider within a time period set by the court1 except that the court may reduce the reimbursement to prevent imposing an undue burden on the copyright owner considering the resources of the copyright owner4 #afaj4 ,protections from liability 7a7 ,protections from liability for all named service providers ,all service providers named in an order under section #afjd7;d7 shall not be liable for any injury alleged by a user of the system or network of the service provider1 the petitioner that sought the order issued under #afjd7;d71 the operator1 or a user of the foreign piracy site1 or any other third party or governmental authority to have resulted from an action taken1 or not taken1 in good faith by the service provider-- 7#a7 to implement the order2 or 7#b7 in reliance on information described in section #afjd7;f77#c77;,a74 7b7 ,limitations on monetary relief ,a service provider1 whether or not named in an order issued under section #afjd7;d71 shall not be liable for monetary relief for any claim of direct or secondary infringement of copyright arising from the service provider having provided or enabled1 or continuing to provide or enable1 access to a foreign piracy site1 unless the service provider acted or is acting in active concert with the foreign piracy site to infringe the exclusive rights of any copyright owner4 7c7 ,limitations on injunctive and equitable relief ,a copyright owner only shall obtain injunctive or other equitable relief in the form of an order requiring a service provider to block access to a foreign online location-- 7#a7 as provided in section #eab7;j77#a77;,b77ii71 or 7#b7 in the case of a foreign online location designated as a foreign piracy site under section #afjb7;b71 as provided in section #afjd4 #afaa4 ,relation to other statutes and rules of construction 7a7 ,admissibility in other proceedings ,except as necessary to enforce an order issued by a court pursuant to sections #afjb and #afjd1 the following shall not be admissible as evidence in any case or proceeding brought by any party in any court1 for any purpose1 including in support of a claim that any service provider has engaged in direct or secondary copyright infringement3 7#a7 ,this chapter and the record of any proceeding under this chapter1 including all orders1 decisions1 or determinations issued by a court in any proceeding brought under this chapter1 all submissions to the court in any such proceeding1 and the existence of any such proceeding or orders in any such proceeding regardless of any subsequent termination1 expiration1 rescission1 extension1 or modification of such orders4 7#b7 ,the participation1 knowledge1 performance1 success1 or failure of a service provider with respect to the implementation of any order under this chapter1 or the participation or knowledge of the service provider with respect to any proceeding under this chapter4 7b7 ,rules of construction ,nothing in this chapter may be construed to-- 7#a7 create any obligation or duty for a service provider that is not named in an order under section #afjd7;d7 to prevent access to the foreign piracy site whether or not identified in the order1 or create any liability for failure to do so2 7#b7 provide for or modify any liability1 obligation1 or duty to prevent access to a foreign piracy site outside of this chapter2 or 7#c7 modify or affect the applicability or interpretation of any other provision of law1 or change or affect any claims1 liability1 limitation of liability1 immunity1 or safe harbor arising under or set forth in any other provision of law1 including section #eab or any other provision of this title4 4 7#b7 ,table of chapters amendment ,the table of chapters for title #ag1 ,united ,states ,code1 is amended by inserting at the end the following3 #af4;,foreign piracy site blocking#afja 4 7b7 ,copyright office report to congress ,the ,register of ,copyrights shall provide a report to ,congress #b years after the effective date of this ,act1 and another report #e years after the effective date1 on the implementation and impact of this ,act on foreign digital copyright piracy1 the ,united ,states copyright system1 and the ,federal judiciary4 7c7 ,preemption ,this ,act shall preempt any ,state1 county1 municipal1 or other local law or regulation concerning foreign digital copyright piracy online1 including those found in copyright law or laws with equivalent rights and remedies4 7d7 ,initial judicial designations ,the ,judicial ,conference of the ,united ,states shall1 within #f months of the date of enactment of this ,act1 conduct the initial determination of the number of ,united ,states district judges necessary to adjudicate all cases arising under this ,act4 7e7 ,severability ,if any provision of this ,act1 or the application thereof to any person or circumstance1 is held invalid1 the remainder of the ,act1 and the application of such provision to other persons or circumstances shall not be affected thereby4 7f7 ,effective date ,the effective date of this ,act1 and the amendments made by this ,act1 shall be #f months after the date of enactment of this ,act1 except that section #afaj7;b7 and section #afaj7;c7 of title #ag1 ,united ,states ,code 7as added by section #b71 shall be effective as of the date of enactment4