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(d) ACTIONS BASED ON COURT ORDERS.—

  • (1) SERVICE AND RESPONSE.—
    • (A) SERVICE BY QUALIFYING PLAINTIFF.—A qualifying plaintiff, with the prior approval of the court, may serve a copy of a court order issued under subsection (c) on similarly situated entities described in paragraph (2). Proof of service shall be filed with the court.
    • (B) RESPONSE.—An entity served under subparagraph (A) shall, not later than 7 days after the date of such service, file with the court a certification acknowledging receipt of a copy of the order and stating that such entity has complied or will comply with the obligations imposed under paragraph (2), or explaining why the entity will not so comply.
    • (C) VENUE FOR SERVICE.—A copy of the court order may be served in any judicial district where an entity resides or may be found.
  • (2) REASONABLE MEASURES.—After being served with a copy of an order pursuant to this subsection, the following shall apply:
    • (A) PAYMENT NETWORK PROVIDERS.—
      • (i) PREVENTING AFFILIATION.—A payment network provider shall take technically feasible and reasonable measures, as expeditiously as possible, but in any case within 5 days after being served with a copy of the court order, or within such time as the court may order, that are designed to prevent, prohibit, or suspend its service from completing payment transactions involving customers located within the United States or subject to the jurisdiction of the United States and any account—
        • (I) which is used by the Internet site dedicated to theft of U.S. property that is subject to the order; and
        • (II) through which the payment network provider would complete such payment transactions.
      • (ii) NO DUTY TO MONITOR.—A payment network provider is in compliance with clause (i) if it takes action described in that clause with respect to accounts it has as of the date of service of the order, or as of the date of any subsequent notice that its service is being used to complete payment transactions described in clause (i).
    • (B) INTERNET ADVERTISING SERVICES.—
      • (i) REQUIRED ACTIONS.—An Internet advertising service that contracts with the Internet site dedicated to theft of U.S. property that is subject to the order to provide advertising to or for such Internet site, or that knowingly serves advertising to or for such internet site, shall take technically feasible and reasonable measures, as expeditiously as possible, but in any case within 5 days after being served with a copy of the order, or within such time as the court may order, that are designed to—
        • (I) prevent its service from providing advertisements to or relating to the Internet site;
        • (II) cease making available advertisements for the Internet site, or paid or sponsored search results, links, or other placements that provide access to the Internet site; and
        • (III) cease providing or receiving any compensation for advertising or related services to, from, or in connection with the Internet site.
      • (ii) NO DUTY TO MONITOR.—An internet advertising service is in compliance with clause (i) if it takes action described in that clause with respect to accounts it has as of the date on which a copy of the order is served, or as of the date of any subsequent notice that its service is being used for activities described in clause (i).
  • (3) COMMUNICATION WITH USERS.—An entity taking an action described in this subsection shall determine the means to communicate such action to the entity’s users or customers.
  • (4) ENFORCEMENT OF ORDERS.—
    • (A) RULE OF CONSTRUCTION.—The authority under this subsection shall be the sole legal remedy to enforce the obligations of any entity under this subsection.
    • (B) PROCEDURES AND RELIEF.—
      • (i) SHOW CAUSE ORDER.—On a showing by the qualifying plaintiff of probable cause to believe that an entity served with a copy of a court order issued under subsection (c) has not complied with its obligations under this subsection by reason of such court order, the court shall require the entity to show cause why an order should not issue—
        • (I) to require compliance with the obligations of this subsection; and
        • (II) to impose an appropriate monetary sanction, consistent with the court’s exercise of its equitable authority, to enforce compliance with its lawful orders, if the entity—
          • (aa) has knowingly and willfully failed to file a certification required by paragraph (1)(B);
          • (bb) has filed such a certification agreeing to comply but has knowingly and willfully failed to do so; or
          • (cc) has knowingly and willfully certified falsely that compliance with the requirements of paragraph (2) is not required by law.
      • (ii) SERVICE OF PROCESS.—The order to show cause, and any other process, may be served in any judicial district where the entity resides or may be found.
    • (C) DEFENSE.—An entity against whom relief is sought under subparagraph (B) may establish an affirmative defense by showing that the entity does not have the technical means to comply with this subsection without incurring an unreasonable economic burden, or that the order is not authorized by this subsection. Such showing shall not be presumed to be a complete defense but shall serve as a defense only for those measures for which a technical limitation on compliance is demonstrated or for such portions of the order as are demonstrated to be unauthorized by this subsection.
  • (5) IMMUNITY.—
    • (A) IMMUNITY FROM SUIT.—Other than in an action pursuant to paragraph (4), no cause of action shall lie in any Federal or State court or administrative agency against any entity served with a copy of a court order issued under subsection (c), or against any director, officer, employee, or agent thereof, for any act reasonably designed to comply with this subsection or reasonably arising from such order.
    • (B) IMMUNITY FROM LIABILITY.—Other than in an action pursuant to paragraph (4)—
      • (i) any entity served with a copy of an order under this subsection, and any director, officer, employee, or agent thereof, shall not be liable for any acts reasonably designed to comply with this subsection or reasonably arising from such order; and
      • (ii) any—
        • (I) actions taken by customers of such entity to circumvent any restriction on access to the Internet site, or portion thereof that is subject to such order, that is instituted pursuant to this subsection, or
        • (II) act, failure, or inability to restrict access to an Internet site or portion thereof that is subject to such order, despite good faith efforts to comply with such order by such entity,
      • shall not be used by any person in any claim or cause of action against such entity.

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