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ACTION BY ATTORNEY GENERAL TO PROTECT U.S. CUSTOMERS AND PREVENT U.S. SUPPORT OF FOREIGN INFRINGING SITES.

(a) DEFINITION.—For purposes of this section, a foreign Internet site or portion thereof is a ‘‘foreign infringing site’’ if—

  • (1) the Internet site or portion thereof is a U.S.-directed site and is used by users in the United States;
  • (2) the owner or operator of such Internet site is committing or facilitating the commission of criminal violations punishable under section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of title 18, United States Code; and
  • (3) the Internet site would, by reason of acts described in paragraph (1), be subject to seizure in the United States in an action brought by the Attorney General if such site were a domestic Internet site.

(b) ACTION BY THE ATTORNEY GENERAL.—

  • (1) IN PERSONAM.—The Attorney General may commence an in personam action against—
    • (A) a registrant of a domain name used by a foreign infringing site; or
    • (B) an owner or operator of a foreign infringing site.
  • (2) IN REM.—If through due diligence the Attorney General is unable to find a person described in subparagraph (A) or (B) of paragraph (1), or no such person found has an address within a judicial district of the United States, the Attorney General may commence an in rem action against a foreign infringing site or the foreign domain name used by such site.
  • (3) NOTICE.—Upon commencing an action under this subsection, the Attorney General shall send a notice of the alleged violation and intent to proceed under this section—
    • (A) to the registrant of the domain name of the Internet site—
      • (i) at the postal and electronic mail addresses appearing in the applicable publicly accessible database of registrations, if any, and to the extent such addresses are reasonably available; and
      • (ii) via the postal and electronic mail addresses of the registrar, registry, or other domain name registration authority that registered or assigned the domain name of the Internet site, to the extent such addresses are reasonably available; or
    • (B) to the owner or operator of the Internet site—
      • (i) at the primary postal and electronic mail addresses for such owner or operator that is provided on the Internet site, if any, and to the extent such addresses are reasonably available; or
      • (ii) if there is no domain name of the Internet site, via the postal and electronic mail addresses of the Internet Protocol allocation entity appearing in the applicable publicly accessible database of allocations and assignments, if any, and to the extent such addresses are reasonably available; or
    • (C) in any other such form as the court may provide, including as may be required by rule 4(f) of the Federal Rules of Civil Procedure.
  • (4) SERVICE OF PROCESS.—For purposes of this section, the actions described in this subsection shall constitute service of process.
  • (5) RELIEF.—On application of the Attorney General following the commencement of an action under this section, the court may issue a temporary restraining order, a preliminary injunction, or an injunction, in accordance with rule 65 of the Federal Rules of Civil Procedure, against a registrant of a domain name used by the foreign infringing site or an owner or operator of the foreign infringing site or, in an action brought in rem under paragraph (2), against the foreign infringing site or a portion of such site, or the domain name used by such site, to cease and desist from undertaking any further activity as a foreign infringing site.

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