,,ii #aaith ,,congress #b;d ,session ,s4 #eebi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bd1 #bjbf,mr4 ,tillis 7for himself1 ,mr4 ,coons1 ,mrs4 ,blackburn1 and ,mr4 ,schiff7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ag1 ,united ,states ,code1 to permit the owner or exclusive licensee of an exclusive right under that title to file a petition to designate a foreign online location as a foreign digital piracy site1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,deterring ,extraterritorial ,foreign ,exploitation of ,networks ,damaging ,intellectual ,property ,act or the ,,defend ,,ip ,act4 #b4 ,orders to designate and direct against foreign digital piracy sites 7a7 ,in general ,chapter #e of title #ag1 ,united ,states ,code1 is amended by inserting after section #ejb the following3 #ejb;,a4 ,orders to designate and direct against foreign digital piracy sites 7a7 ,definitions ,in this section3 7#a7 ,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 regulation71 that provides such service to not fewer than #ej1jjj subscribers4 7#b7 ,foreign digital piracy site ,the term foreign digital piracy site means a foreign online location that has been designated as a foreign digital piracy site by an order of a district court of the ,united ,states issued under this section4 7#c7 ,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 ,states72 and 7,c7 identifiable by #a or more ,internet ,protocol addresses1 fully qualified domains1 or other similar online identifiers4 7#d7 ,live event ,the term live event means an event that is performed publicly 7such as a concert1 sporting event1 or award show74 7#e7 ,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#f7 ,service provider ,the term service provider-- 7,a7 means-- 7i7 a broadband provider2 or 7ii7 a provider of public domain name resolution services that has an annual revenue of more than #ajj1jjj1jjj2 and 7,b7 does not include-- 7i7 an entity that provides domain name system resolution functions or services exclusively through encrypted ,,dns protocols2 7ii7 an entity that exclusively provides virtual private network services or similar services that encrypt and route user traffic through intermediary servers2 or 7iii7 a premises operator1 such as a coffee shop1 bookstore1 airline1 library1 university1 or other business1 that acquires broadband internet access service from an internet service provider to enable patrons to access the internet from the establishment of the operator4 7#g7 ,transmission of a live event 7,a7 ,in general ,the term transmission of a live event means the digital transmission of a live event-- 7i7 simultaneously or nearly simultaneously with the live occurrence or public performance of the event2 and 7ii7 for a commercial purpose4 7,b7 ,digital transmission ,for purposes of subparagraph 7,a71 the term digital transmission includes transmission by satellite broadcasting4 7#h7 ,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 that device through the remote server2 and 7,b7 masks the internet protocol address of the user described in subparagraph 7,a74 7b7 ,judicial designations of foreign digital piracy sites 7#a7 ,in general ,the owner or exclusive licensee of an exclusive right described in section #ajf that is being or will be injured by material or activity that violates a right or protection afforded under this title may1 subject to the requirements under paragraph 7#b71 bring an action in an appropriate district court of the ,united ,states to petition the court to issue an order to designate a foreign online location as a foreign digital piracy site4 7#b7 ,requirements ,subject to paragraph 7#e71 a court shall issue an order requested under paragraph 7#a7-- 7,a7 upon the determination by the court that-- 7i7 the petitioner is the owner or exclusive licensee of an exclusive right described in section #ajf2 7ii7 7,i7 with respect to material or activity at the foreign online location that is the subject of the petition-- 7aa7 such material or activity likely violates an exclusive right or protection afforded under this title to the petitioner2 and 7bb7 the petitioner is likely to suffer irreparable harm as a result of that material or activity2 or 7,,ii7 with respect to the transmission of a live event at the foreign online location that is the subject of the petition-- 7aa7 the transmission of a live event will likely violate an exclusive right or protection afforded under this title to the petitioner2 and 7bb7 the petitioner will likely suffer irreparable harm as a result of that transmission of a live event2 7iii7 the petitioner has made a reasonable effort to provide the operator of the foreign online location described in this subparagraph with notice of the action brought by the petitioner2 and 7iv7 the petitioner has certified that the petitioner cannot1 after a reasonable investigation based on publicly available information1 determine the operator of the foreign online location described in this subparagraph to be within the ,united ,states2 and 7,b7 upon a showing by the petitioner that the foreign online location described in subparagraph 7,a7-- 7i7 is primarily designed or primarily provided for the purpose of violating an exclusive right or protection afforded under this title2 7ii7 has no commercially significant purpose or use other than committing a violation described in clause 7i72 or 7iii7 is intentionally marketed by or at the direction of the operator of the foreign online location to promote the use of the foreign online location in committing a violation described in clause 7i74 7#c7 ,opportunity to contest ,the operator of the foreign online location that is the subject of a petition under paragraph 7#a7 may1 not later than #bj days after the date on which that petition is filed1 appear before the court in which the petition is pending to contest the issuance of the order to designate the foreign online location as a foreign digital piracy site1 except that the court may issue an order under this subsection on an ex parte basis at any time after the court determines that the requirements under paragraph 7#b7 are satisfied1 subject to the limitation under paragraph 7#e74 7#d7 ,judicial discretion ,if the operator of a foreign online location that is the subject of a petition under paragraph 7#a7 does not appear before the court pursuant to paragraph 7#c71 the court may1 in the discretion of the court1 appoint a master pursuant to rule #ec of the ,federal ,rules of ,civil ,procedure to assist in the determination of the court as to whether the requirements of this subsection have been satisfied4 7#e7 ,limitation ,a court may not issue an order to designate1 and may rescind an order designating1 a foreign online location as a foreign digital piracy site under this subsection if the operator of the foreign online location-- 7,a7 appears before the court pursuant to paragraph 7#c72 7,b7 submits to the jurisdiction of the court for all claims arising from or related to alleged violative activity at the foreign online location2 7,c7 posts a bond sufficient to ensure compliance with any judgment of the court related to alleged violative activity at the foreign online location2 and 7,d7 complies with any other order of the court to cease the violative activity4 7#f7 ,designation order duration ,unless rescinded under paragraph 7#e71 an order to designate a foreign online location as a foreign digital piracy site under this subsection shall expire-- 7,a7 on the date that is #cfj days after the date on which the court issues the order1 if no subsequent order is sought under subsection 7c7 with respect to that foreign online location2 or 7,b7 upon the expiration of all orders issued under subsection 7c7 with respect to that foreign online location4 7c7 ,judicial orders against foreign digital piracy sites 7#a7 ,in general ,if a district court of the ,united ,states issues an order to designate a foreign online location as a foreign digital piracy site under subsection 7b71 the petitioner that sought the order may petition the same court to issue a subsequent order to direct service providers to take reasonable measures to prevent users in the ,united ,states from using the system or network of those service providers to access the foreign digital piracy site4 7#b7 ,requirements for petition ,a court in which a petition is filed under paragraph 7#a7 shall accept the petition1 and consider whether to issue the order requested in the petition in accordance with the factors described in paragraph 7#c7-- 7,a7 if the petition identifies all service providers to be subject to the order2 and 7,b7 upon certification by the petitioner that the petitioner has provided each service provider identified in the petition with-- 7i7 a copy of the order issued under subsection 7b72 7ii7 a copy of the petition filed under this subsection2 and 7iii7 notice informing each such service provider of the right of the service provider to contest the inclusion of the service provider in the petition filed under this subsection1 as provided in paragraph 7#d74 7#c7 ,considerations ,in determining whether to issue an order under this subsection1 a court shall consider-- 7,a7 whether such an order1 either alone or in combination with other such orders obligating action by the same service provider1 would significantly burden either the service provider or the operation of the system or network of the service provider2 7,b7 the magnitude of the harm likely to be suffered by the petitioner if steps are not taken to prevent or restrain access to the applicable foreign digital piracy site2 7,c7 whether implementation of the order-- 7i7 would be technically feasible and effective2 7ii7 would not interfere with access to material at other online locations that does not violate an exclusive right or protection afforded under this title2 and 7iii7 would disserve the public interest2 and 7,d7 whether less burdensome and comparably effective means are available to prevent or restrain access to the applicable foreign digital piracy site4 7#d7 ,opportunity to contest ,not later than #bj days after the date on which a service provider receives the notice required under paragraph 7#b77;,b7 with respect to a petition filed under this subsection1 the service provider may appear before the court in which the petition was filed and contest the inclusion of the service provider in that petition4 7#e7 ,order instructions ,an order issued under this subsection shall-- 7,a7 specify that the applicable service provider shall begin implementing that order as soon as practicable for that service provider after receipt of the notice described in paragraph 7#f72 7,b7 provide that such order will expire #a year after the date specified under subparagraph 7,a71 subject to any extension granted under paragraph 7#i72 7,c7 expressly require the applicable petitioner to-- 7i7 use reasonable1 good-faith efforts to verify on an ongoing basis the accuracy of information provided in the petition regarding the foreign digital piracy site that is the subject of the order1 including1 as applicable1 the domain names and ,internet ,protocol addresses at which the foreign digital piracy site that is the subject of the order is operating2 and 7ii7 if the information underlying the petition has materially changed1 provide the court that issued the order and each service provider identified in the order with the information described in clause 7i72 7,d7 expressly provide that a service provider identified in the order may rely on information provided in the order and any updated information provided by the petitioner with respect to the order under subparagraph 7,c72 and 7,e7 expressly provide that a service provider identified in the order has no independent obligation1 at the time the order is adopted or at any time thereafter1 to investigate or otherwise verify or confirm the accuracy of information provided under subparagraph 7,c7 or 7,d74 7#f7 ,notice of order ,the court shall provide notice to the petitioner and each service provider subject to an order issued under this subsection1 which shall include-- 7,a7 the instructions described in paragraph 7#e72 7,b7 the limitation described in paragraph 7#g72 7,c7 the obligations of the service provider under subsection 7d72 and 7,d7 the immunities of the service provider under subsection 7e74 7#g7 ,limitation ,an order issued under this subsection may not prescribe1 or be construed to prescribe1 any specific technical measures to be used or other actions to be taken by a service provider to comply with that order4 7#h7 ,additional identification 7,a7 ,in general ,at any time after the issuance of an order under this subsection1 the petitioner that sought the order may move to amend the order by identifying #a or more additional service providers to which the order should apply4 7,b7 ,requirements ,the court shall grant a motion made under subparagraph 7,a7 if the petitioner has demonstrated that the petitioner has provided each service provider identified in that motion with-- 7i7 a copy of the order issued under subsection 7b72 7ii7 a copy of the order issued under this subsection2 7iii7 a copy of the motion filed under this paragraph2 and 7iv7 notice informing the service provider of the right of the service provider to contest the inclusion of the service provider in the motion filed under this paragraph1 as provided in subparagraph 7,c74 7,c7 ,opportunity to contest ,not later than #bj days after the date on which a service provider receives notice under subparagraph 7,b7 with respect to a motion made under this paragraph1 the service provider may appear and contest the inclusion of the service provider in that motion4 7#i7 ,extension of order duration 7,a7 ,in general ,at any time before the expiration of an order issued under this subsection1 as provided under paragraph 7#e77;,b71 the petitioner that sought the order may move to extend the order4 7,b7 ,requirements ,the court shall grant a motion made under subparagraph 7,a71 subject to the requirements under paragraph 7#b74 7,c7 ,length of extension ,an extension granted under this paragraph shall be for not longer than #a year beyond the expiration of the order that is in effect1 as of the date on which the extension is granted4 7#aj7 ,cost 7,a7 ,in general ,upon motion by a service provider subject to an order issued under this subsection1 the court may order the petitioner that sought the order to pay reasonable costs directly incurred by the service provider to comply with the order4 7,b7 ,contents ,a motion made under subparagraph 7,a7-- 7i7 shall include a detailed list of each cost described in that subparagraph2 7ii7 may not include costs for capital expenditures1 infrastructure1 overhead1 or attorneys' fees2 and 7iii7 shall be filed not later than #fj days after the date on which the costs sought to be recovered were incurred4 7d7 ,service provider obligations and compliance 7#a7 ,in general ,a service provider that receives notice under subsection 7c77#f7 shall take reasonable measures to prevent users in the ,united ,states from using the system or network of that service provider to access the foreign digital piracy site that is the subject of the applicable order4 7#b7 ,notice to subscribers ,a service provider subject to an order issued under subsection 7c7 may elect to inform the subscribers of the service provider attempting to access the foreign digital piracy site that is the subject of the order that access by the subscribers to the foreign digital piracy site has been denied pursuant to a judicial order to direct that denial of access4 7#c7 ,allowances ,a service provider subject to an order issued under subsection 7c7 shall not be deemed to be in violation of that order if the service provider temporarily suspends compliance by the service provider with that order when reasonably necessary-- 7,a7 to correct or investigate potential interference with access to material at other online locations that does not violate an exclusive right or protection afforded under this title2 7,b7 to maintain the integrity or quality of the network or operations of the service provider2 7,c7 to upgrade or maintain the operations or network of the service provider1 including any mechanism used to implement that order2 or 7,d7 to prevent or respond to an actual or potential security threat to the operations or network of the service provider4 7e7 ,service provider immunities 7#a7 ,immunity from liability for good faith actions and for reliance 7,a7 ,in general ,a service provider subject to an order issued under subsection 7c7 shall be immune from liability for any injury alleged by an entity described in subparagraph 7,b7 to have occurred as a result of a measure or other action taken in good faith 7or in good faith not taken7 by the service provider-- 7i7 to implement the order2 or 7ii7 based on information provided to the service provider under subsection 7c74 7,b7 ,entities ,with respect to a service provider described in subparagraph 7,a71 an entity described in this subparagraph means-- 7i7 a user of the system or network of the service provider2 7ii7 the petitioner that sought the order issued under subsection 7c7 that identifies the service provider2 7iii7 the operator1 or a user1 of the foreign digital piracy site that is the subject of the applicable order2 or 7iv7 any other third party or governmental authority4 7#b7 ,immunity from liability for injury alleged by a foreign digital piracy site ,a service provider subject to an order issued under subsection 7c7 shall be immune from liability for any injury alleged by a foreign digital piracy site that is the subject of the order1 notwithstanding any subsequent determination that the foreign digital piracy site was inaccurately identified in the order or does not meet the requirements under subsection 7b74 7#c7 ,rule of construction ,nothing in this subsection may be construed to limit the authority of a court issuing an order under subsection 7c7 to compel compliance with the order4 7f7 ,judicial review of compliance 7#a7 ,in general ,a measure taken or not taken by a service provider subject to an order issued under subsection 7c7 shall be subject to review by the court that issued the order4 7#b7 ,considerations ,a court that issues an order under subsection 7c7 with respect to a service provider may not determine that the service provider has failed to satisfy the obligations of the service provider under that order based on the failure of the service provider to conduct an affirmative investigation regarding the accuracy of information regarding the foreign digital piracy site that is the subject of the order1 including1 as applicable1 the domain names and ,internet ,protocol addresses of that foreign digital piracy site and any updated information provided under subsection 7c77#e77;,c74 7#c7 ,move to modify ,if a service provider subject to an order issued under subsection 7c71 when implementing the order1 prevents a user from accessing an online location other than the foreign digital piracy site that is the subject of the order1 the operator of that other online location may move to modify or rescind that order so as to enable access to the other online location4 7g7 ,judicial amendment of orders ,a court1 upon motion by the petitioner for an order under subsection 7b7 or 7c71 and after a determination by the court that such petitioner has demonstrated that a foreign online location previously designated in an action brought under this section to be a foreign digital piracy site is accessible or has been reconstituted at a different domain name or ,internet ,protocol address1 or has engaged in circumvention techniques that render the initial order ineffective1 may-- 7#a7 amend the order issued under subsection 7b7 or 7c7 accordingly2 and 7#b7 provide notice of the amended order under paragraph 7#a7 in accordance with the requirements under subsection 7c77#f74 7h7 ,public availability and accessibility of orders 7#a7 ,in general ,a court shall notify the ,register of ,copyrights regarding any order that the court issues1 amends1 or rescinds under subsection 7b7 or 7c74 7#b7 ,availability on website ,the ,register of ,copyrights shall make each notification provided under paragraph 7#a7 publicly available on the website of the ,copyright ,office4 7i7 ,rules of construction ,nothing in this section may be construed to affect-- 7#a7 the applicability or interpretation of any other provision of law or principle of equity1 including-- 7,a7 the requirements of section #eab or any other provision of this title2 7,b7 principles of secondary liability2 or 7,c7 section #afea of title #bh2 or 7#b7 the limitation on the liability of a service provider under section #eab4 7j7 ,effective date ,this section shall take effect on the date that is #ahj days after the date of enactment of the ,deterring ,extraterritorial ,foreign ,exploitation of ,networks ,damaging ,intellectual ,property ,act4 4 7b7 ,conforming amendments ,section #ejb of title #ag1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by inserting and orders after ,injunctions2 7#b7 in subsection 7a7-- 7,a7 by striking may1 subject to and inserting the following3 8may-- 7#a7 subject to 2 7,b7 in paragraph 7#a71 as so designated1 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#b7 subject to the provisions of section #ejb;,a1 issue an order directing a service provider1 as defined in that section1 to take reasonable measures to prevent a foreign digital piracy site1 as defined in that section1 from using the system or network of that service provider to make that foreign digital piracy site available to users in the ,united ,states4 2 and 7#c7 in subsection 7b7-- 7,a7 in the first sentence-- 7i7 by inserting or order after such injunction2 and 7ii7 by inserting or subject to the order before the semicolon2 and 7,b7 in the second sentence-- 7i7 by inserting or issuing the order after granting the injunction2 and 7ii7 by inserting or order after of the injunction4 7c7 ,technical amendments ,the table of sections for chapter #e of title #ag1 ,united ,states ,code1 is amended-- 7#a7 by striking the item relating to section #ejb and inserting the following3 #ejb4 ,remedies for infringement3 ,injunctions and orders4 2 and 7#b7 by inserting after the item relating to section #ejb1 as amended by paragraph 7#a7 of this subsection1 the following3 #ejb;,a4 ,orders to designate and direct against foreign digital piracy sites4 4