<<

>>


(b) DENYING U.S. FINANCIAL SUPPORT OF SITES DEDICATED TO THEFT OF U.S. PROPERTY.—

  • (1) PAYMENT NETWORK PROVIDERS.—Except in the case of an effective counter notification pursuant to paragraph (5), a payment network provider shall take technically feasible and reasonable measures, as expeditiously as possible, but in any case within 5 days after delivery of a notification under paragraph (4), that are designed to prevent, prohibit, or suspend its service from completing payment transactions involving customers located within the United States and the Internet site, or portion thereof, that is specified in the notification under paragraph (4).
  • (2) INTERNET ADVERTISING SERVICES.—Except in the case of an effective counter notification pursuant to paragraph (5), an Internet advertising service that contracts with the operator of an Internet site, or portion thereof, that is specified in a notification delivered under paragraph (4), to provide advertising to or for such site or portion thereof, or that knowingly serves advertising to or for such site or portion thereof, shall take technically feasible and reasonable measures, as expeditiously as possible, but in any case within 5 days after delivery the notification under paragraph (4), that are designed to—
    • (A) prevent its service from providing advertisements to or relating to the Internet site, or portion thereof, that is specified in the notification;
    • (B) cease making available advertisements for such Internet site, or portion thereof, that is specified in the notification, or paid or sponsored search results, links, or other placements that provide access to such Internet site, or portion thereof, that is specified in the notification; and
    • (C) cease providing or receiving any compensation for advertising or related services to, from, or in connection with such Internet site, or portion thereof, that is specified in the notification.
  • (3) DESIGNATED AGENT.—
    • (A) IN GENERAL.—Each payment network provider and each Internet advertising service shall designate an agent to receive notifications described in paragraph (4), by making available through its service, including on its Web site in a location accessible to the public, and by providing to the Copyright Office, substantially the following:
      • (i) The name, address, phone number, and electronic mail address of the agent.
      • (ii) Other contact information that the Register of Copyrights considers appropriate.
    • (B) DIRECTORY OF AGENTS.—The Register of Copyrights shall maintain and make available to the public for inspection, including through the Internet, in electronic format, a current directory of agents designated under subparagraph (A).
  • (4) NOTIFICATION REGARDING INTERNET SITES DEDICATED TO THEFT OF U.S. PROPERTY.—
    • (A) REQUIREMENTS.—Subject to subparagraph (B), a notification under this paragraph is effective only if it is a written communication that is provided to the designated agent of a payment network provider or an Internet advertising service and includes substantially the following:
      • (i) A physical or electronic signature of a person authorized to act on behalf of the holder of an intellectual property right harmed by the activities described in subsection (a)(1).
      • (ii) Identification of the Internet site, or portion thereof, dedicated to theft of U.S. property, including either the domain name or Internet Protocol address of such site, or both.
      • (iii) Identification of the specific facts to support the claim that the Internet site, or portion thereof, is dedicated to theft of U.S. property and to clearly show that immediate and irreparable injury, loss, or damage will result to the holder of the intellectual property right harmed by the activities described in subsection (a)(1) in the absence of timely action by the payment network provider or Internet advertising service.
      • (iv) Information reasonably sufficient to establish that the payment network provider or Internet advertising service is providing payment processing or Internet advertising services for such site.
      • (v) Information reasonably sufficient to permit the payment network provider or Internet advertising service to contact the holder of the intellectual property right harmed by the activities described in subsection (a)(1).
      • (vi) A statement that the holder of the intellectual property right has a good faith belief that the use of the owner’s works or goods in which the right exists, in the manner described in the notification, is not authorized by the holder, its agent, or law.
      • (vii) A statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the holder of the intellectual property right harmed by the activities described in subsection (a)(1).
      • (viii) Identification of the evidence indicating that the site (or portion thereof) is a U.S.-directed site.
    • (B) SERVICE IF NO AGENT DESIGNATED.— If a payment network provider or Internet advertising service has not designated an agent under paragraph (3), the notification under subparagraph (A) may be provided to any officer or legal representative of such provider or service.
    • (C) NOTICE TO INTERNET SITE IDENTFIED IN NOTIFICATION.—Upon receipt of an effective notification under this paragraph, a payment network provider or Internet advertising service shall take appropriate steps to ensure timely delivery of the notification to the Internet site identified in the notification.
  • (5) COUNTER NOTIFICATION.—
    • (A) REQUIREMENTS.—Subject to subparagraph (B), a counter notification is effective under this paragraph only if it is a written communication that is provided to the designated agent of a payment network provider or an Internet advertising service and includes substantially the following:
      • (i) A physical or electronic signature of the owner or operator of the Internet site, or portion thereof, specified in a notification under paragraph (4) subject to which action is to be taken by the payment network provider or Internet advertising service under paragraph (1) or (2), or of the registrant of the domain name used by such site or portion thereof.
      • (ii) In the case of an Internet site specified in the notification under paragraph (4) that is a foreign Internet site, a statement that the owner or operator, or registrant, consents to the jurisdiction of the courts of the United States, and will accept service of process from the person who provided notification under paragraph (4), or an agent of such person, for purposes of adjudicating whether the site is an Internet site dedicated to theft of U.S. property under this section.
      • (iii) A statement under penalty of perjury that the owner or operator, or registrant, has a good faith belief that it does not meet the criteria of an Internet site dedicated to theft of U.S. property as set forth under this section.
      • (iv) The name, address, email address, and telephone number of the owner, operator, or registrant.
    • (B) SERVICE IF NO AGENT DESIGNATED.— If a payment network provider or Internet advertising service has not designated an agent under paragraph (3), the counter notification under subparagraph (A) may be provided to any officer or legal representative of such provider or service.
  • (6) MISREPRESENTATIONS.—Any provider of a notification or counter notification who knowingly materially misrepresents under this section—
    • (A) that a site is an Internet site dedicated to the theft of U.S. property, or
    • (B) that such site does not meet the criteria of an Internet site dedicated to the theft of U.S. property, shall be liable for damages, including costs and attorneys’ fees, incurred by the person injured by such misrepresentation as a result of the misrepresentation.

Comments

Add a New Comment

Media or #OpenData

With a hashtag per article, anyone can tag content relevant to the status and implementation of the article, and share it via social media as explained in the #tagcoding Handbook or the video #tags in support of easy information retrieval (YouTube).