To amend title 17, United States Code, to establish procedures for blocking access to foreign online locations engaged in copyright piracy, and for other purposes.

24 hours after, the first authorized public performance to a general audience or distribution to the public of the work in the United States. ``Sec. 1602. Judicial determination of foreign piracy sites ``(a) Right of Action.--A copyright owner may bring an action in a district court of the United States, subject to section 1607, for a declaration that an accused online service is a foreign piracy site. ``(b) Requirements for Declaration.--In an action under subsection (a), the court shall issue a declaration, with accompanying findings, that the accused online location is a foreign piracy site if the copyright owner shows by a preponderance of the evidence that-- ``(1) 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 location; ``(2) the copyright owner provided, or made good faith efforts to provide, notice of the infringement to-- ``(A) the operator of the accused online service; and ``(B) the domain name registrar of the accused online service; ``(3) the copyright owner has been injured or will be injured by the violation; ``(4) the operator of the accused online service is outside of the United States, or could not be located within the United States following a reasonable investigation; and ``(5) the accused online service-- ``(A) is primarily designed or provided for the purpose of providing access to material that violates an exclusive right or protection afforded under this title; ``(B) has only limited commercially significant purpose or use other than providing access to material that violates an exclusive right or protection afforded under this title; or ``(C) 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 title. ``(c) Special Master.--In an action under subsection (a), the court may appoint a special master under Rule 53 of the Federal Rules of Civil Procedure to assist the court in ensuring that the copyright owner has met its burden under subsection (b). ``Sec. 1603. Motion to rescind by operator of an accused online service ``(a) Motion To Rescind Declaration or Blocking Order.--At any time while an action under section 1602(a) is pending, or an order under section 1604(d) is in force, the operator of the accused online service may move the court to rescind a declaration issued under section 1602(b) or an order issued under section 1604(d). ``(b) Requirements for Rescission.--The court shall grant the motion to rescind the declaration or order if the operator of the accused online service-- ``(1) concurrently with its motion-- ``(A) submits to the jurisdiction of the court for all claims arising from or related to the alleged violative activity at the foreign online location; ``(B) waives all objections with respect to jurisdiction, venue, service of process, and forum non conveniens, except for purposes of a motion to transfer under sections 1404(a), 1406(a), or 1631 of title 28; ``(C) 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 location; and ``(D) is in compliance with any other order of the court to cease the violative activity; or ``(2) demonstrates that a preponderance of the evidence does not support the findings of the court under section 1602(b). ``(c) Leave To Assert Copyright Infringement.--If a court grants the motion under subsection (b), the court shall grant leave for the copyright owner to amend its pleadings to add at least 1 claim of a violation under this title. ``(d) Stay of Declaration or Blocking Order.--The court, at its discretion and upon motion filed by the operator of the accused online service, may stay a declaration under section 1602(b) or an order issued under section 1604(d) while a motion under subsection (a) of this section is pending before the court. ``Sec. 1604. Petitions for judicial order blocking foreign piracy site ``(a) Petition for Blocking Order.--In an action where a court has issued a declaration under section 1602(b), and the court has not rescinded the declaration under section 1603(b), the copyright owner may petition the court for an order enjoining each service provider named in the order consistent with subsection (d) of this section. ``(b) Requirements for Petition.--In a petition under subsection (a), the copyright owner shall-- ``(1) name all service providers that the copyright owner reasonably believes must be included to, in the aggregate, effectively reduce access to the foreign piracy site from the United States by a commercially significant amount; and ``(2) certify that the copyright owner-- ``(A) provided a copy of the petition and the declaration of the court of the foreign piracy site to each named service provider; ``(B) informed each named service provider about its ability to contest its inclusion in any order under this section; and ``(C) filed a notice of the action at the United States Copyright Office, to be published in the Federal Register. ``(c) Deadline for Service Provider Response.--Subject to section 1608(a), the court shall set a date, not less than 14 days after the filing of the petition, before which a named service provider may enter an appearance and respond to the petition, and no order on the petition may be issued before that date. ``(d) Issuance of Blocking Order.--Upon a determination by the court that the copyright owner has satisfied the requirements of subsection (b), the court shall issue an order that-- ``(1) identifies the foreign piracy site that is the subject of the order; ``(2) names each service provider that is subject to the order, subject to subsection (f); ``(3) 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 States; ``(4) sets a date by which each named service provider is required to implement the order that is not less than 14 days and no more than 30 days after the service provider receives notice of the order, subject to section 1608(a); ``(5) sets a date on which the order will expire that is not later than necessary to address the infringement, and not later than 12 months after issuance of the order; and ``(6) 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 enjoined. ``(e) Duties of Copyright Owner.--When an order under subsection (d) is issued, the copyright owner shall-- ``(1) provide, or make a good faith effort to provide, a copy of the order to each named service provider and the operator of the foreign piracy site, to the extent the court does not do so; ``(2) file with the Register of Copyrights a copy of the order, and notify the Register if the order is modified, expired, rescinded, or terminated within 10 days of the modification, expiration, rescission, or termination; and ``(3) make reasonable efforts to-- ``(A) periodically monitor the foreign piracy site; ``(B) verify the continuing accuracy of the information submitted by the copyright owner on which the foreign piracy site declaration was based, including, where applicable, domain names, internet protocol addresses, and uniform resource locators; and ``(C) 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 change. ``(f) Limitations and Entitlements.-- ``(1) Limitations on naming service providers.--The court may not name a service provider in an order under subsection (d) unless-- ``(A) the service provider was named in the petition under subsection (a); and ``(B)(i) the service provider consents to its inclusion in the order; or ``(ii) the court determines that the following factors, when the totality of the circumstances is considered, weigh in favor of including the service provider: ``(I) The burden on the service provider or the operation of its systems or networks to implement the order. ``(II) The technical feasibility and efficacy of the service provider implementing the order. ``(III) The harm likely to be suffered by the copyright owner if the service provider is not included in the order. ``(IV) The potential for incidental harm or interference with online services, or users of online services, other than the foreign piracy site. ``(V) 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 order. ``(VI) Any benefit or harm to the public in the United States from including the service provider. ``(2) Other limitations.--Except as expressly set forth in this chapter, an order under section 1604(d) may not-- ``(A) prescribe, recommend, or require specific methods, techniques, equipment, or other specific technical measures or actions to implement the order, or be construed to do so; or ``(B) restrict, regulate, or bar the use of specific methods, techniques, equipment, or other specific technical measures or actions chosen by a service provider to implement the order, or be construed to do so. ``(3) Entitlements.--A service provider named in an order issued under section 1604(d)-- ``(A) shall be entitled to rely on the accuracy of the information presented in the order, the declaration under 1602(b), and any other information provided by the copyright owner to the court in an action under section 1602(a), and shall not have any duty or obligation to investigate or verify said information; and ``(B) shall be entitled to provide information to its users, subscribers, employees, investors, or the public about the order, but shall not be required or obligated to do so, and may not be held liable for failing to do so. ``Sec. 1605. Enforcement of judicial order blocking foreign piracy site ``(a) Contempt Motion.--A copyright owner may file a motion with the court that issued an order under section 1604(d) with respect to the copyright owner, 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 order, subject to the provisions of this chapter. ``(b) Exemptions.--A named service provider shall not be deemed to be in violation of an order under section 1604(d), or otherwise subject to enforcement of the order, if-- ``(1) the conduct of the named service provider constituted good faith efforts to implement the order; or ``(2) the named service provider temporarily delayed or suspended implementation of the order when reasonably necessary at that time, and for no longer than necessary, and where the delay or suspension was reasonable in scope and timing considering any notification by the copyright owner of a time- sensitive event, to-- ``(A) correct or investigate restricting access to an online service other than the foreign piracy site; ``(B) maintain, repair, update, or upgrade the integrity or quality of its network, systems, or operations; ``(C) prevent or respond to an actual or potential security threat to its network, systems, or operations; or ``(D) comply with law enforcement requests or other court orders. ``Sec. 1606. Motions with respect to judicial order blocking foreign piracy site ``(a) Motion by Copyright Owner To Terminate Order.-- ``(1) In general.--A copyright owner may file a motion with the court that issued an order under section 1604(d) with respect to the copyright owner, requesting termination of the order. ``(2) Grant.--The court shall grant the motion. ``(3) Notice.--The copyright owner shall provide, or make a good faith effort to provide, notice of the termination to each named service provider, the operator of the foreign piracy site, and the Register of Copyrights, to the extent the court does not do so. ``(b) Motion by Copyright Owner To Extend Order.--A copyright owner may file a motion with the court that issued an order under section 1604(d) with respect to the copyright owner, requesting that the term of the order be extended by up to, but not more than, an additional 12 months, subject to subsequent renewal pursuant to the process described in this subsection. ``(1) Requirements.--The court may grant the motion if-- ``(A) the order has not expired and will not expire for at least 60 days from the date the motion is filed; ``(B) in the motion, the copyright owner certified that it provided, or made a good faith effort to provide, a copy of the motion to each named service provider and the operator of the foreign piracy site; ``(C) at least 30 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 respond; ``(D) the copyright owner shows that, if the order is not extended-- ``(i) 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 site; ``(ii) the violation would injure the copyright owner; and ``(iii) the requested extension is reasonable and proportionate to the likelihood of injury; and ``(E) the copyright owner certifies that it will continue to adhere to its obligations under the order and under section 1604(e). ``(2) Additional matters when motions granted.--If the court grants the motion to extend-- ``(A) except as ordered by the court, all other terms of the original order shall remain in force; and ``(B) the copyright owner shall provide, or make a good faith effort to provide, notice of the new term of the order of the court to each named service provider, the operator of the foreign piracy site, and the Register of Copyrights, to the extent the court does not do so. ``(c) Motion by Copyright Owner To Add or Remove Service Providers.-- ``(1) In general.--A copyright owner may file a motion with the court that issued an order under section 1604(d) with respect to the copyright owner, requesting that the order be modified to name 1 or more additional service providers to be subject to the order, or to remove 1 or more named service providers from the order. ``(2) Requirements for adding additional provider.--Subject to section 1604(f)(1), the court shall grant the motion to add an additional service provider if-- ``(A) in the motion, the copyright owner made the certifications required under section 1604(b)(2)(A) and (B) with respect to the additional service provider, and certified that it provided a copy of its motion to the additional service provider; and ``(B) at least 14 days has elapsed since the motion was filed to provide an opportunity for the additional service provider to appear and respond. ``(3) 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 provider, and that it will provide a copy of the order of the court granting the motion to the service provider within 10 days of issuance. ``(d) Motion by Service Provider for Removal.-- ``(1) In general.--A service provider named in an order under section 1604(d) may file a motion with the court that issued the order, requesting that the order be modified to remove the service provider from the order. ``(2) Requirements.--The court may grant the motion if-- ``(A) at least 14 days has elapsed since the motion was filed to provide an opportunity for the copyright owner to respond; and ``(B) the service provider shows that a material change in circumstances relating to the limitations set forth in section 1604(f)(1) justifies removal of the service provider from the order. ``(3) Waiting period.--If the court grants the motion, the copyright owner may not file a motion under subsection (c) to modify the order to again add the same service provider to the order for at least 6 months. ``(e) Motion To Modify Order To Cure Defect.-- ``(1) In general.--A copyright owner or named service provider may file a motion with the court that issued an order under section 1604(d) with respect to the copyright owner, requesting that the order be modified to cure a defect in the operation of the order. ``(2) Requirements.--The court shall grant the motion if-- ``(A) based on available information, the identification of the foreign piracy site is no longer accurate or complete, or otherwise interferes with implementation of the order; ``(B) the modification would cure the defect, including that the same foreign piracy site would be correctly and accurately identified; ``(C) in the motion, the movant certified that it provided, or made a good faith effort to provide, a copy of the motion to each named service provider, and the operator of the foreign piracy site; and ``(D) subject to subsections (a) and (d) of section 1608, at least 14 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 respond. ``(3) Court-initiated action.--A court may issue an order sua sponte modifying its prior order under section 1604(d) to cure a defect in the operation of the prior order if-- ``(A) the court finds that subparagraphs (A) and (B) of paragraph (2) are satisfied; ``(B) the court provides notice to the copyright owner and each named service provider of its order under this paragraph; and ``(C) subject to subsections (a) and (d) of section 1608, the order under this paragraph is held in abeyance for at least 14 days after the notice in subparagraph (B) of this paragraph to provide an opportunity for the copyright owner and named service providers to respond. ``(4) Deadlines.--The court shall set appropriate deadlines, where applicable, to implement any modification ordered under this subsection. ``(f) Motion by Third Party To Modify Order.-- ``(1) 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 1604(b), requesting that the order be modified to cure a defect in the operation of the order. ``(2) Requirements.--The court shall grant the motion if-- ``(A) the movant enters an appearance before the court and submits to the court's jurisdiction for purposes of the motion; ``(B) in its motion, the movant certified that it provided a copy of its motion to the copyright owner and each relevant named service provider; ``(C) at least 14 days has elapsed since the motion was filed to provide an opportunity for the copyright owner and named service providers to respond; ``(D) the movant certifies-- ``(i) the movant is the operator or a user of the third party online service; ``(ii) the movant is not the operator of the foreign piracy site, and is not affiliated with the foreign piracy site or its operator; ``(iii) the third party online service is not the foreign piracy site and is not affiliated with the foreign piracy site; and ``(iv) the third party online service has not been determined to be a foreign piracy site under this chapter in any other proceeding; and ``(E) the movant shows-- ``(i) 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 1 service provider named in the order; ``(ii) the movant has suffered an injury in fact by the restriction in access to the third party online service; and ``(iii) the modification is necessary to restore access to the third party online service. ``(3) Preserving the order.--The court shall consider any alternative modification presented that would comparably restore access to the third party online service, but would be less disruptive to the implementation of the order. ``(4) Additional matters related to grant of motion.--If the court grants the motion to modify-- ``(A) except as ordered by the court, all other terms of the original order shall remain in force; and ``(B) the copyright owner shall provide, or make a good faith effort to provide, a copy of the court's order granting the motion to each named service provider, the operator of the foreign piracy site, and the Register of Copyrights, to the extent the court does not do so. ``(5) Deadlines.--The court shall set appropriate deadlines, where applicable, to implement any modification ordered under this subsection. ``(6) Compensation.--If the court grants the motion to modify, the movant may request, and the court may award to the movant, a monetary award to be paid by the copyright owner sufficient to compensate the movant for any proven injury and costs for the motion, except that-- ``(A) the monetary award may not exceed $250,000; and ``(B) the movant must show that the copyright owner caused an error that resulted in the injury to the movant. ``Sec. 1607. Venue ``(a) 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 States. ``(b) Designation of District Courts.--The Judicial Conference of the United States shall designate district courts, and maintain a list of designated district courts, according to the following: ``(1) The Judicial Conference shall determine every 5 years the number of United States district judges necessary to adjudicate all cases arising under this chapter. ``(2) The Judicial Conference shall maintain a list of district judges that meets or exceeds the most recent determination under paragraph (1). ``(3) The list under paragraph (2) shall include at least 1 district judge from each regional judicial circuit except the District of Columbia Circuit. ``(4) The list under paragraph (2) shall include all district judges who request to be included on the list, as well as additional judges designated by the Judicial Conference as necessary. ``(5) The list of designated district courts under this subsection shall comprise the district courts on which the judges on the list under paragraph (2) serve. ``(c) Public Accessibility.--The list of designated courts under subsection (b) and the list of designated judges under subsection (b)(2) shall be publicly accessible on a website maintained by the Administrative Office of the United States Courts. ``(d) Assignment of Cases.-- ``(1) In general.--If an action under this chapter is filed in a district court that has been designated under this section, the case shall be randomly assigned to a judge of that court who is on the list of designated judges under subsection (b)(2). ``(2) Transfer.--If an action under this chapter is filed in a district court that has not been designated under this section, the case shall be transferred to the designated judicial district within the same judicial circuit that is geographically closest, and assigned to a judge on the list of designated judges under subsection (b)(2). ``Sec. 1608. Miscellaneous provisions ``(a) Discretion of the Court To Modify Deadlines.--Notwithstanding any provision of this chapter, the court in an action under section 1602(a) shall have the discretion to modify any deadline or time period specified in this chapter, if it finds good cause for the modification and the modification is consistent with due process, including to address time-sensitive events. ``(b) Continuing Jurisdiction.--In any action under section 1602(a) in which an order was issued under section 1604(d), the court that issued the order shall retain jurisdiction over any proceedings under sections 1605 and 1606. ``(c) Electronic Copies and Notice.--Except as directed by a court, any requirement in this chapter to provide documents, copies of documents, notices, or notifications may be done electronically. ``(d) Emergency Relief.--A court in an action filed under section 1602(a) may grant temporary emergency relief only in the form of a temporary restraining order, consistent with Rule 65(b) of the Federal Rules of Civil procedure, which may only provide a remedy on a temporary emergency basis that is otherwise expressly set forth in this chapter, and only when the court determines that its discretion under subsection (a) is insufficient, including to address time-sensitive events. ``(e) 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 chapter, and all agents controlled or directed by the copyright owner, shall be bound by the same limitations set forth in this chapter as the copyright owner. ``(f) Public Registry at the Copyright Office.--The Register of Copyrights shall maintain a public registry of all orders issued by any court under section 1604(d) that have not expired and have not been terminated, and-- ``(1) the registry shall be made publicly accessible on a website provided by the Register; ``(2) no service provider shall have a duty to monitor the registry, or to implement any order on the registry in which the service provider is not named; and ``(g) Rule of Construction.--Nothing in this chapter shall be construed as authorizing the Register to exercise any regulatory authority or powers, or imposing any duty or responsibility other than as expressly set forth in this section, with respect to matters arising under this chapter. ``Sec. 1609. Cost reimbursement ``(a) Motion for Reimbursement.--A service provider named in an order under section 1604(d) may file a motion with the court that issued the order, requesting reimbursement by the copyright owner for certain costs incurred to implement the order. ``(b) Detailed Accounting Required.--Concurrent with its motion, 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 reimbursement, and certify that the information presented is accurate. ``(c) Requirements.--To determine whether the named service provider has established incurred costs eligible for reimbursement, the court shall consider the following: ``(1) The reimbursement awarded may include any commercially reasonable cost actually and directly incurred by the named service provider to implement the order, including portions of overhead costs directly incurred specifically to implement the order, 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 tasks. ``(2) The reimbursement awarded may not include any projected or future cost, depreciation, or other cost not actually and directly incurred already by the named service provider, or any commercially unreasonable cost. ``(3) The reimbursement awarded may not include any systemic, general, overhead, or infrastructure-related costs that relate to the operations of the named service provider generally and not specifically to implementing the order at issue, including overhead costs for general employees and business units such as human resources, general utility costs, costs for employee benefits, capital expenditures for generally-applicable upgrades or maintenance to the systems and networks of the named service provider, legal fees, insurance costs, or taxes. ``(4) The reimbursement awarded may not include any costs dating more than 90 days prior to the filing of the motion. ``(d) Order.--If the court determines that the named service provider has established incurred costs eligible for reimbursement, 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 court, except that the court may reduce the reimbursement to prevent imposing an undue burden on the copyright owner considering the resources of the copyright owner. ``Sec. 1610. Protections from liability ``(a) Protections From Liability for All Named Service Providers.-- All service providers named in an order under section 1604(d) shall not be liable for any injury alleged by a user of the system or network of the service provider, the petitioner that sought the order issued under 1604(d), the operator, or a user of the foreign piracy site, or any other third party or governmental authority to have resulted from an action taken, or not taken, in good faith by the service provider-- ``(1) to implement the order; or ``(2) in reliance on information described in section 1604(f)(3)(A). ``(b) Limitations on Monetary Relief.--A service provider, whether or not named in an order issued under section 1604(d), 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 enabled, or continuing to provide or enable, access to a foreign piracy site, unless the service provider acted or is acting in active concert with the foreign piracy site to infringe the exclusive rights of any copyright owner. ``(c) 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-- ``(1) as provided in section 512(j)(1)(B)(ii), or ``(2) in the case of a foreign online location designated as a foreign piracy site under section 1602(b), as provided in section 1604. ``Sec. 1611. Relation to other statutes and rules of construction ``(a) Admissibility in Other Proceedings.--Except as necessary to enforce an order issued by a court pursuant to sections 1602 and 1604, the following shall not be admissible as evidence in any case or proceeding brought by any party in any court, for any purpose, including in support of a claim that any service provider has engaged in direct or secondary copyright infringement: ``(1) This chapter and the record of any proceeding under this chapter, including all orders, decisions, or determinations issued by a court in any proceeding brought under this chapter, all submissions to the court in any such proceeding, and the existence of any such proceeding or orders in any such proceeding regardless of any subsequent termination, expiration, rescission, extension, or modification of such orders. ``(2) The participation, knowledge, performance, success, or failure of a service provider with respect to the implementation of any order under this chapter, or the participation or knowledge of the service provider with respect to any proceeding under this chapter. ``(b) Rules of Construction.--Nothing in this chapter may be construed to-- ``(1) create any obligation or duty for a service provider that is not named in an order under section 1604(d) to prevent access to the foreign piracy site whether or not identified in the order, or create any liability for failure to do so; ``(2) provide for or modify any liability, obligation, or duty to prevent access to a foreign piracy site outside of this chapter; or ``(3) modify or affect the applicability or interpretation of any other provision of law, or change or affect any claims, liability, limitation of liability, immunity, or safe harbor arising under or set forth in any other provision of law, including section 512 or any other provision of this title.''. (2) Table of chapters amendment.--The table of chapters for title 17, United States Code, is amended by inserting at the end the following: ``16. Foreign piracy site blocking.......................... 1601''. (b) Copyright Office Report to Congress.--The Register of Copyrights shall provide a report to Congress 2 years after the effective date of this Act, and another report 5 years after the effective date, on the implementation and impact of this Act on foreign digital copyright piracy, the United States copyright system, and the Federal judiciary. (c) Preemption.--This Act shall preempt any State, county, municipal, or other local law or regulation concerning foreign digital copyright piracy online, including those found in copyright law or laws with equivalent rights and remedies. (d) Initial Judicial Designations.--The Judicial Conference of the United States shall, within 6 months of the date of enactment of this Act, conduct the initial determination of the number of United States district judges necessary to adjudicate all cases arising under this Act. (e) Severability.--If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances shall not be affected thereby. (f) Effective Date.--The effective date of this Act, and the amendments made by this Act, shall be 6 months after the date of enactment of this Act, except that section 1610(b) and section 1610(c) of title 17, United States Code (as added by section 2), shall be effective as of the date of enactment. <all>