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© 2026 Govwatch

HouseH.R. 10364119th Congress

American Copyright Protection Act of 2026

← Back to bill overviewView on Congress.gov →

Full Text

Official text as published. Use Ctrl+F / Cmd+F to search within the document.

[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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