,i #aaith ,,congress #ast ,session ,h4 ,r4 #gia ,,in ,,the ,,house ,,of ,,representatives ,january #bh1 #bjbe,ms4 ,lofgren introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ag1 ,united ,states ,code1 to provide for blocking orders relating to specifically identified infringing foreign websites or online services1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,foreign ,anti-,digital ,piracy ,act or ,,fadpa4 #b4 ,blocking orders relating to specifically identified infringing foreign websites or online services 7a7 ,in general ,chapter #e of title #ag1 ,united ,states ,code1 is amended by inserting after section #ejb the following3 #ejb;,a4 ,blocking orders relating to specifically identified infringing foreign websites or online services 7a7 ,preliminary order 7#a7 ,petition ,a covered person may file a petition in a ,united ,states ,district ,court for the issuance of a preliminary order declaring that-- 7,a7 with respect to the transmission of work protected under section #ajf through a foreign website or online service-- 7i7 the transmission of such work likely infringes the exclusive right of the covered person under section #ajf to reproduce1 distribute1 publicly perform1 or publicly display such work2 and 7ii7 the covered person is likely to suffer irreparable harm as a result of such infringement2 or 7,b7 with respect to the imminent transmission of a live event on or through a foreign website or online service-- 7i7 the transmission will likely infringe the exclusive right of the covered person under section #ajf to reproduce1 distribute1 publicly perform1 or publicly display such work2 and 7ii7 the covered person will likely suffer irreparable harm as a result of such infringement4 7#b7 ,issuance ,the court shall issue the order described in paragraph 7#a7 if the court finds the following3 7,a7 ,the petitioner includes in the petition1 the internet protocol address1 a domain name1 or other similar online identifier of the foreign website or online service identified in the petition4 7,b7 ,the petitioner attempted to serve the operator of the foreign website or online service identified in the petition with notice of the action and the petition in accordance with ,rule #d of the ,federal ,rules of ,civil ,procedure4 7,c7 ,with respect to each service provider the petitioner has identified through a reasonably diligent investigation as providing a service with respect to the foreign website or online service identified in the petition1 the petitioner provided notice of the infringing activity to-- 7i7 the agent of service provider designated pursuant to section #eab7;c77#b7 to receive notifications of claimed infringement2 or 7ii7 if the service provider does not have such an agent1 in accordance with ,rule #d of the ,federal ,rules of ,civil ,procedure4 7,d7 ,the petitioner certifies in the petition that after conducting a reasonably diligent investigation based on publicly available information the petitioner-- 7i7 determines that the operator of the foreign website or online service identified in the petition is physically located outside of the ,united ,states2 or 7ii7 cannot determine that the operator of the foreign website or online service is physically located within the ,united ,states4 7,e7 ,the foreign website or online service identified in the petition-- 7i7 is primarily designed or primarily provided for the purpose of infringing copyright2 7ii7 has no commercially significant purpose or use other than infringing copyright2 or 7iii7 is intentionally marketed by or at the direction of the operator of the foreign website or online service to promote the use of the website or online service in the infringement of copyright4 7,f7 ,upon penalty of perjury1 the ,petitioner has attested-- 7i7 to the best of the knowledge of the petitioner1 to the accuracy of the assertions of the petitioner regarding the foreign website or online service identified in the petition1 or the operator thereof2 and 7ii7 that the petition was filed with a substantial connection to enforcing the exclusive rights of the petition under this title1 including to protect economic interests derived from such rights4 7#c7 ,non-issuance of preliminary order ,a court may not issue the order described under paragraph 7#a7 if the court finds that-- 7,a7 the infringement of the petitioner's exclusive right by the foreign website or online service has ceased entirely2 and 7,b7 there is not a reasonable possibility that such infringing activity will resume4 7#d7 ,contesting the preliminary order ,not later than #cj days after a petition described under paragraph 7#a7 is filed1 the operator of the foreign website or online service identified in such petition may appear and contest the issuance of the order concerned4 7#e7 ,appointment of master to assist court 7,a7 ,appointment ,if the operator of a foreign website or online service identified in a petition filed under paragraph 7#a7 does not appear and contest the issuance of the preliminary order pursuant to paragraph 7#d71 the ,court may1 in its discretion1 appoint a master pursuant to ,rule #ec of the ,federal ,rules of ,civil ,procedure to assist in determining whether the criteria in paragraph 7#b7 have been satisfied for the purpose of issuing such order4 7,b7 ,authorities ,the master may gather and review publicly available information relating to whether the criteria in paragraph 7#b7 have been satisfied4 7,c7 ,no effect on proceedings ,the appointment of a master shall not unduly delay the proceedings or impose excessive costs on the court or the petitioner4 7#f7 ,time for issuing petition ,the court shall determine whether to issue an order on the basis of a petition filed under paragraph 7#a71 or deny such order-- 7,a7 following the timely filing of an opposition and a #ad-;day period for reply2 7,b7 after the period for filing an opposition has expired2 or 7,c7 in the case that the petitioner is alleging that irreparable harm will likely occur as a result of the imminent transmission of a live event or ongoing unauthorized transmission of a live event is occurring1 on an expedited basis that effectively addresses the imminent or continuing harm identified in the petition4 7#g7 ,imminent transmission of a live event ,in the case that the petitioner is alleging that irreparable harm will likely occur as a result of the imminent transmission of a live event by a foreign website or online service or ongoing unauthorized transmission of a live event is occurring by a foreign website or online service1 the court may issue an order under this subsection on an exparte basis with respect the transmission4 7b7 ,blocking orders ,to prevent access to foreign website or online service 7#a7 ,in general 7,a7 ,motion ,at any time after a court has issued an order pursuant to subsection 7a71 the petitioner may move for an order directing each service provider that received notice of the order under subsection 7a7 to take reasonable and technically feasible measures to prevent users of the service provided by the service provider from accessing the foreign website or online service identified in the order4 7,b7 ,notice ,the petitioner shall serve both the applicable order and motion on each such service provider4 7,c7 ,other courts ,if the court that issues the order pursuant to subsection 7a7 does not have jurisdiction over a service provider1 the petitioner may institute a miscellaneous action and file the motion described under subparagraph 7,a7 with any court of the ,united ,states that has jurisdiction over such service provider4 7#b7 ,issuance of order 7,a7 ,court determination before granting order ,the court may not issue an order under paragraph 7#a7 unless the court determines that implementation of the order will not-- 7i7 interfere with user access to non-infringing material on another website or online service2 7ii7 significantly burden the service provider1 including the operation of the system or network of the service provider2 or 7iii7 disserve the public interest4 7,b7 ,terms and conditions of order ,any order under subsection 7b77#a7 shall-- 7i7 require the service provider to comply with the order-- 7,i7 with respect to an order that does not relate to the imminent public performance of a live event-- 7aa7 not later than #ae days after the order is issued2 or 7bb7 not later than #bj days after the order is issued if the court finds good cause has been shown for such an extension2 and 7,,ii7 with respect to an order that relates to the imminent public performance of a live event1 by a date after the order is issued-- 7aa7 that takes into account-- 7,,aa7 the imminent nature of the infringement2 7,,bb7 the capabilities of the service provider2 and 7,,cc7 what is technically feasible for the service provider2 and 7bb7 that is not later than #g days after the order is issued2 and 7ii7 expire with respect to a service provider-- 7,i7 except as provided in subclauses 7,,ii7 and 7,,iii71 #ab months after the service provider is served under subsection 7b77#a71 unless the expiration date is extended by the issuing court pursuant to paragraph 7#f72 7,,ii7 if the order relates to the public performance of one live event1 #dh hours after the conclusion of the public performance of the live event2 or 7,,iii7 if the order relates to the public performance of more than one live event1 #dh hours after the conclusion of the public performance of the final live event covered in the order4 7,c7 ,limitation ,an order issued under this subsection may not-- 7i7 prescribe any specific technical measures to be used or other actions to be taken by a service provider to comply with such order2 or 7ii7 require a service provider to take an action that would prevent a user of the service provided by the service provider from using a virtual private network4 7#c7 ,amending order to add additional service providers 7,a7 ,motion ,at any time after the issuance of an order under this subsection1 the petitioner may move to amend the order to apply to one or more additional service providers-- 7i7 over which the court has jurisdiction2 and 7ii7 that the petitioner has identified through a reasonably diligent investigation as providing a service with respect to the foreign website or online service identified in the petition1 the petitioner provided notice of the infringing activity to-- 7,i7 the agent of service provider designated pursuant to section #eab7;c77#b7 to receive notifications of claimed infringement2 or 7,,ii7 if the service provider does not have such an agent1 in accordance with ,rule #d of the ,federal ,rules of ,civil ,procedure4 7,b7 ,contents of motion ,the motion to amend shall-- 7i7 explain why each service provider named in the motion was not included in the order initially2 and 7ii7 be served on each service provider named in the motion4 7,c7 ,opposition to motion ,any service provider served with a motion to amend under subparagraph 7,b7 may appear and oppose the motion not later than #bj days after the date on which such service provider was served such motion4 7,d7 ,review of motion ,the ,court may not amend the order to apply to an additional service provider unless the court makes the determination described under paragraph 7#b77;,a7 with respect to such service provider4 7,e7 ,expiration of order ,the order shall expire with respect to any additional service providers included in the order pursuant to this paragraph on which the order expires for the last service provider described under paragraph 7#b7 is served pursuant to subsection 7b77#a74 7#d7 ,amending order to add additional domain names or internet protocol addresses ,unless otherwise determined by a court when granting the order1 a court may1 upon motion by the petitioner1 amend such order to include additional domain names or internet protocol addresses if it determines that the foreign website or online service that is the subject of the order-- 7,a7 remains accessible or has been reconstituted at a different domain name or internet protocol address than those included in the petition filed under subsection 7a71 rendering the initial order ineffective2 or 7,b7 has engaged in circumvention techniques that render the initial order ineffective4 7#e7 ,implementation of the order 7,a7 ,review ,in determining whether a service provider has complied with an order under this subsection1 the court shall limit its review to determining whether the measures used1 or actions taken or not taken by the service provider to implement such order were unreasonable or taken in bad faith to avoid complying with the order4 7,b7 ,modification ,if a service provider1 in the course of implementing an order issued under this subsection1 prevents a user of the service provided by the service provider from accessing a website or online service other than the foreign website or online service identified in the order1 the operator of such other website or online service may file a motion with the court to modify the order so the user may access the other website or online service4 7,c7 ,temporary suspension of implementation ,a service provider subject to an order issued under this subsection shall not be in violation of such order if the service temporarily removes any measures put in place to prevent access to a foreign website or online service-- 7i7 when reasonably necessary to correct or investigate whether the implementation of the order by the service provider is preventing access to a website or online service other than the foreign online website or online service identified in the order2 or 7ii7 to maintain the integrity or quality of the network or operations of the service provider4 7,d7 ,cost ,upon a motion by a service provider served with an order issued under subsection 7c7 that includes a detailed list of reasonable marginal costs and expenses 7except for capital expenditures1 costs and expenses incurred with respect to infrastructure1 and attorney fees7 directly incurred by the service provider to implement and comply with the order1 the court that issued such order may require the petitioner to pay such costs and expenses4 7#f7 ,extension of order 7,a7 ,in general ,at any time prior to the expiration of an order not related to the public performance of a live event issued under this subsection1 or any extension thereof1 the petitioner may move to extend such order for an additional period not exceeding #ab months4 7,b7 ,grant ,the court shall grant the motion under subparagraph 7,a7 if the court finds that during the period of such order-- 7i7 the operator of the foreign website or online service has not ceased transmitting such work that is the subject of the motion2 7ii7 the transmission of such work likely infringes the exclusive of right of the covered person under section #ajf to reproduce1 distribute1 publicly perform1 or publicly display such work2 and 7iii7 the petitioner is likely to suffer irreparable harm as a result of such infringement4 7#g7 ,transparency of orders 7,a7 ,availability through publicly accessible website ,with respect to an order issued under this subsection by a court1 the court that issued such order shall make available through a publicly accessible website and without undue delay after the issuance of the order 7or any amendment to such order7-- 7i7 the order2 7ii7 the name of the petitioner2 7iii7 each foreign website or online service identified in the order1 including the domain names and internet protocol addresses of each such website or online service2 7iv7 the date on which the order was issued2 7v7 the duration of the order1 including the expiration date2 and 7vi7 a summary of the findings of the court under subsection 7a77#b7 with respect to the order4 7,b7 ,limitation ,if the court determines that disclosure of certain information would render the order ineffective1 pose a significant risk to national security1 personal safety1 or an ongoing law enforcement investigation1 the court may order that such information be redacted from the publicly available documents4 7#h7 ,service provider immunity 7,a7 ,in general ,in the case that the court that issues an order under this section determines in accordance with paragraph 7#e77;,a7 that a service provider that is in compliance with such order1 the service provider may not be held liable for the following3 7i7 ,any injury alleged by a foreign website or online service1 or the users of such website or online service1 to have occurred as a result of measures or other actions taken to implement such order with respect to such website or online service4 7ii7 ,any injury alleged by a foreign website or online service1 or the users of such website or online service1 to have occurred as a result of measures or other actions taken or not taken in good faith by such service provider to implement such order with respect to such website or online service based on information provided to such service provider under this subsection4 7iii7 ,any injury alleged by an operator of a foreign website or online service identified in the order resulting from actions taken or not taken in good faith by such service provider to implement such order1 regardless of any subsequent determination that such specific website or service was inaccurately identified in such order and does not meet the criteria described in subsection 7a77#b74 7iv7 ,with respect to the foreign website or online service that is the subject of such order1 a claim of copyright infringement against such service provider initiated on or after the date of enactment of ,,fadpa by the copyright owner that obtained such order1 to the extent such claim is based on the role of such service provider in providing access to such website or online service before the date of the enactment of ,,fadpa4 7,b7 ,inadmissibility ,the issuance of an order under this subsection that identifies a service provider1 or a finding that a service provider has complied with an order issued under this subsection1 may not be admitted into evidence to support an allegation that such service provider has engaged in infringement of copyright in any action brought by any party in ,united ,states ,district ,court4 7,c7 ,rule of construction ,nothing in this paragraph may be construed as limiting the authority of the court to-- 7i7 determine whether a service provider is in compliance with an order issued pursuant to this subsection2 or 7ii7 to compel compliance with such order4 7c7 ,relationship to section #eab7;a7 immunity ,a service provider identified in an order under this section may not lose liability protection under section #eab7;a7 on the basis of such identification4 7d7 ,rule of construction ,except as explicitly provided in this section1 nothing in this section may be construed as affecting the interpretation or application of any provision of section #eab2 7e7 ,definitions ,in this section3 7#a7 ,covered person ,the term covered person means a copyright owner or an exclusive licensee of a copyright owner4 7#b7 ,broadband provider ,the term broadband provider means a provider of broadband internet access service1 as defined in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations 7or any successor regulation7-- 7,a7 that provides such service to #ajj1jjj or more subscribers2 and 7,b7 is subject to or consents to the jurisdiction of the court4 7#c7 ,foreign website or online service ,the term foreign website or online service means a website or online service operated by a foreign person4 7#d7 ,foreign person ,the term foreign person means an individual-- 7,a7 physically located outside of the ,united ,states2 or 7,b7 whose physical location cannot be determined to be within the ,united ,states4 7#e7 ,live event ,the term live event means an event that is performed publicly 7such as a concert1 sporting event1 or award show7 7#f7 ,public domain name resolution services ,the term public domain name resolution services means domain name resolution services that are accessible to the general public4 7#g7 ,service provider ,the term service provider-- 7,a7 means-- 7i7 a broadband provider1 and 7ii7 a provider of public domain name resolution services that has an annual revenue of over #ajj million2 and 7,b7 does not include-- 7i7 service providers that provide domain name system resolution functions or services exclusively through encrypted ,,dns protocols2 or 7ii7 service providers that exclusively provide virtual private network 7,,vpn7 services1 or similar services that encrypt and route user traffic through intermediary servers2 or 7iii7 an operator of a premises1 such as a coffee shop1 bookstore1 airline1 private end-user network1 library1 or university1 that acquires broadband internet access service from a provider or entity described under subparagraph 7,a7 to enable patrons of the premises to access broadband internet service from the premises4 7#h7 ,transmission of a live event ,the term transmission of a live event means the digital transmission of a live event-- 7,a7 simultaneously or nearly simultaneously with the live occurrence or public performance of the event2 and 7,b7 for a commercial purpose4 7i7 #8digital transmission' includes1 but is not limited to1 transmission by satellite broadcasting4 7#i7 ,virtual private network ,the term virtual private network means a service that establishes an encrypted connection between a device and a remote server that-- 7,a7 routes the internet traffic of the user of such device through the remote server2 and 7,b7 masks the internet protocol address of such user4 7#aj7 ,website or online service ,the term website or online service means a website or uniquely identifiable online location that is-- 7,a7 accessible to the public within the ,united ,states2 and 7,b7 identifiable by a single internet protocol address1 a domain name1 or other similar online identifier4 4 7b7 ,effective date ,this ,act1 and the amendment made by subsection 7a71 shall take effect on the date that is six months after the date of the enactment of this ,act4