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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10364 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 10364
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 14, 2026
Mr. Issa introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Copyright Protection Act of
2026''.
SEC. 2. BLOCKING FOREIGN PIRACY SITES.
(a) Amendment.--
(1) In general.--Title 17, United States Code, is amended
by adding at the end the following:
``CHAPTER 16--FOREIGN PIRACY SITE BLOCKING
``Chapter 16--Foreign Piracy Site Blocking
``1601. Definitions.
``1602. Judicial determination of foreign piracy sites.
``1603. Motion to rescind by operator of an accused online service.
``1604. Petitions for judicial order blocking foreign piracy site.
``1605. Enforcement of judicial order blocking foreign piracy site.
``1606. Motions with respect to judicial order blocking foreign piracy
site.
``1607. Venue.
``1608. Miscellaneous provisions.
``1609. Cost reimbursement.
``1610. Protections from liability.
``1611. Relation to other statutes and rules of construction.
``Sec. 1601. Definitions
``In this chapter:
``(1) Accused online service.--The term `accused online
service' means a foreign online location that is identified and
alleged to be a foreign piracy site in an action under section
1602(a).
``(2) Copyright owner.--The term `copyright owner' means an
owner or exclusive licensee of an exclusive right described in
section 106.
``(3) Foreign piracy site.--The term `foreign piracy site'
means a foreign online location that a district court of the
United States has determined to be a foreign piracy site in a
declaration under section 1602(b).
``(4) Named service provider.--The term `named service
provider' means a service provider that is identified in an
order issued under section 1604(d).
``(5) Foreign online location.--The term `foreign online
location' means a website or uniquely identifiable online
location that is--
``(A) accessible to the public;
``(B) operated by an individual or entity located
outside the United States (or the location of which
cannot be determined to be within the United States
following a reasonable investigation); and
``(C) identifiable by 1 or more Internet Protocol
addresses, fully qualified domains, or other similar
online identifiers.
``(6) Service provider.--
``(A) In general.--The term `service provider'
means an entity offering the transmission, routing, or
providing of connections for digital online
communications, between or among points specified by a
user, of material of the user's choosing, without
modification to the content of the material as sent or
received.
``(B) Inclusions.--The term `service provider'
includes providers of broadband internet access
services, providers of domain name resolution services,
and virtual private networks, but excludes root
nameserver operators and top level domain registries.
``(C) Exclusions.--The term `service provider'
excludes--
``(i) any entity that provides services to
fewer than 100,000 monthly users or subscribers
in the United States; and
``(ii) any premises operator that acquires
internet services from another entity to enable
patrons or employees to access the internet
while on the premises of the premises
operator's establishment, such as an airport,
carrier, library, university, restaurant,
retail store, or other such business or
organization.
``(7) Time-sensitive event.--The term `time-sensitive
event' means a work that is first publicly distributed,
performed, or displayed contemporaneously with, or not more
than 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.
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