To provide additional civil and criminal remedies for domain name fraud.

February 3, 2004

Mr. SMITH of Texas (for himself and Mr. BERMAN) introduced the following bill; which was referred to the Committee on the Judiciary

To provide additional civil and criminal remedies for domain name fraud.

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 `Fraudulent Online Identity Sanctions Act'.

SEC. 2. AMENDMENT TO TRADEMARK ACT OF 1946.

Section 35 of the Act entitled `An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes', approved July 5, 1946 (commonly referred to as the `Trademark Act of 1946'; 15 U.S.C. 1117), is amended by adding at the end the following new subsection:

`(e) In a case of a violation referred to in this section, occurring at or in connection with an online location, the violation shall be considered to be willful for purposes of this section if the violator, or a person acting in concert with the violator, knowingly provided 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 used in connection with the online location, or in maintaining or renewing such registration.'.

SEC. 3. AMENDMENT TO TITLE 17, UNITED STATES CODE.

Section 504(c)(2) of title 17, United States Code, is amended by adding at the end the following new sentence: `In a case of infringement occurring at or in connection with an online location, the infringement shall be considered to be willful for purposes of this paragraph where the copyright owner sustains the burden of proving, and the court finds, that the infringer or a person acting in concert with the infringer knowingly provided 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 used in connection with the online location, or in maintaining or renewing such registration. For purposes of the preceding sentence, the term `domain name' has the meaning given that term in section 45 of the Act entitled `An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes' approved July 5, 1946 (commonly referred to as the `Trademark Act of 1946'; 15 U.S.C. 1127).'.

SEC. 4. AMENDMENT TO TITLE 18, UNITED STATES CODE.

Section 3559 of title 18, United States Code, is amended by adding at the end the following:

`(f) Sentencing Enhancement for Falsification Relating to Domain Names in Connection With Offenses- The maximum imprisonment otherwise provided by law for a felony offense shall be increased by 7 years if, in furtherance of that offense, the defendant knowingly provided material and misleading false contact information to a domain name registrar, domain name registry, or other domain name registration authority in connection with a domain name registration. For purposes of this subsection, the term `domain name' has the meaning given that term in section 45 of the Act entitled `An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes', approved July 5, 1946 (commonly referred to as the `Trademark Act of 1946'; 15 U.S.C. 1127).'.

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