To encourage the development and distribution of creative works by enhancing domestic and international enforcement of the copyright laws, and for other purposes.

July 16, 2003

Mr. CONYERS (for himself, Mr. BERMAN, Mr. MEEHAN, Mr. WEXLER, Mr. WEINER, and Mr. SCHIFF) introduced the following bill; which was referred to the Committee on the Judiciary

To encourage the development and distribution of creative works by enhancing domestic and international enforcement of the copyright laws, 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 `Author, Consumer, and Computer Owner Protection and Security (ACCOPS) Act of 2003'.

TITLE I--INCREASED DOMESTIC ENFORCEMENT EFFORTS

SEC. 101. AUTHORIZED APPROPRIATIONS.

There are authorized to be appropriated for fiscal year 2004, to the Department of Justice for investigation and prosecution of violations of title 17, United States Code, not less than $15,000,000.

SEC. 102. NATIONAL INTELLECTUAL PROPERTY LAW ENFORCEMENT COORDINATION COUNCIL.

Section 653(b) of title VI of Public Law 106-58 (15 U.S.C. 1128(b)) is amended by adding at the end the following: `The Council shall develop guidelines to ensure that its component members share amongst themselves law enforcement information related to infringement of United States copyrighted works.'

SEC. 103. ENHANCED CRIMINAL COPYRIGHT REPORTING.

Section 2320(f) of title 28, United States Code, is amended by striking `Beginning with the first year after the date of enactment of this subsection, the Attorney General shall include in the report of the Attorney General to Congress on the business of the Department of Justice prepared pursuant to section 522 of title 28,' and inserting `Beginning with the first year after the date of enactment of this subsection, the Attorney General shall submit to the House and Senate Judiciary Committees on a biannual basis,'

TITLE II--INCREASED INTERNATIONAL ENFORCEMENT EFFORTS

SEC. 201. INFORMATION SHARING.

(a) IN GENERAL- Subject to the limitations in section 202, the Attorney General of the United States shall provide to a foreign authority evidence to assist such authority--

(1) in determining whether a person has violated any of the copyright laws administered or enforced by the foreign authority; or

(2) in enforcing any of such foreign copyright laws.

(b) EXAMPLES OF TYPE OF EVIDENCE- Such evidence includes evidence obtained pursuant to criminal complaints or to investigations of violations of sections 2318, 2319, 2319A, and 2320 of title 17, United States Code that explains, analyzes, or describes--

(1) the nature of the violation;

(2) the technological means through which violations of the copyright law has occurred;

(3) the identity and location of the person who has committed such violation; or

(4) the estimated financial loss caused by the violation.

SEC. 202. LIMITATIONS.

The Attorney General shall not provide evidence under section 201--

(1) that is a matter occurring before a grand jury with respect to which disclosure is prohibited by Federal Rules of Criminal Procedure;

(2) that is classified; or

(3) that should not be disclosed for national security reasons.

TITLE III--ANTI-PIRACY TOOLS

SEC. 301. CRIMINAL PENALTIES FOR PLACING WORKS ON COMPUTER NETWORKS.

Section 506(a) of title 17, United States Code, is amended--

(1) by striking `, United States Code'; and

(2) by adding at the end the following: `For purposes of section 2319(b) of title 18, the placing of a copyrighted work, without the authorization of the copyright owner, on a computer network accessible to members of the public who are able to copy the work through such access shall be considered to be the distribution, during a 180-day period, of at least 10 copies of that work with a retail value of more than $2,500.'.

SEC. 302. NOTICE AND CONSENT.

(a) IN GENERAL- Chapter 89 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 1822. Notice and consent relating to certain software

`(a) Whoever knowingly offers enabling software for download over the Internet and does not--

`(1) clearly and conspicuously warn any person downloading that software, before it is downloaded, that it is enabling software and could create a security and privacy risk for the user's computer; and

`(2) obtain that person's prior consent to the download after that warning;

shall be fined under this title or imprisoned not more than 6 months, or both.

`(b) As used in this section, the term `enabling software' means software that, when installed on the user's computer, enables 3rd parties to store data on that computer, or use that computer to search other computers' contents over the Internet.'.

(b) AMENDMENT TO TABLE OF SECTIONS- The table of sections at the beginning of chapter 89 of title 18, United States Code, is amended by adding at the end the following new item:

`1822. Notice and consent relating to certain software.'.

SEC. 303. CRIMINAL PENALTIES FOR FALSE INFORMATION IN REGISTRATION OF DOMAIN NAMES.

(a) IN GENERAL- Chapter 47 of title 18, United States Code, is amended by adding at the end the following new section:

`Sec. 1037. Fraudulent information in registering domain name

`(a) OFFENSE- Whoever knowingly and with intent to defraud provides material and misleading false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering a domain name shall be fined under this title or imprisoned not more than 5 years, or both.

`(b) DEFINITIONS- In this section--

`(1) the term `domain name' means any alphanumeric designation which is registered with or assigned by a domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet; and

`(2) the term `Internet' has the meaning given that term in section 230(f)(1) of the Communications Act of 1034 (47 U.S.C. 230(f)(1)).'.

(b) CONFORMING AMENDMENT- The table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following new item:

`1037. Fraudulent information in registering domain name.'.

SEC. 304. PREVENTION OF SURREPTITIOUS RECORDING IN THEATERS.

Section 506(a) of title 17, United States Code, is amended--

(1) in paragraph (1), by striking `or' after the comma;

(2) in paragraph (2), by inserting `or' after `$1,000,'; and

(3) by inserting after paragraph (2) the following:

`(3) by the unauthorized reproduction or recording of a motion picture as it is being performed or displayed in a motion picture theater,'.

SEC. 305. EVIDENTIARY STANDARDS FOR CRIMINAL WILLFULNESS.

(a) OFFENSE- Section 506(a) of title 17, United States Code, as amended by section 301 of this Act, is further amended by adding at the end the following: `The knowing and intentional provision of material and misleading false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering a domain name shall be considered evidence of willfulness with respect to infringements committed by the domain name registrant through the use of that domain name.'.

(b) DEFINITION- Section 506 of title 17, United States Code, is amended by adding at the end the following:

`(g) DEFINITIONS- In this section--

`(1) the term `domain name' means any alphanumeric designation which is registered with or assigned by a domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet; and

`(2) the term `Internet' has the meaning given that term in section 230(f)(1) of the Communications Act of 1034 (47 U.S.C. 230(f)(1)).'.

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