I

Combating Online Piracy

101.

Definitions

In this title:

(1) Domain name The term domain name has the meaning given that term in section 45 of the Lanham Act (15 U.S.C. 1127) and includes any subdomain designation using such domain name as part of an electronic address on the Internet to identify a unique online location.

(2) Domain name system server The term domain name system server means a server or other mechanism used to provide the Internet protocol address associated with a domain name.

(3) Domestic domain name The term domestic domain name means a domain name that is registered or assigned by a domain name registrar, domain name registry, or other domain name registration authority, that is located within a judicial district of the United States.

(4) Domestic Internet protocol address The term domestic Internet Protocol address means an Internet Protocol address for which the corresponding Internet Protocol allocation entity is located within a judicial district of the United States.

(5) Domestic Internet site The term domestic Internet site means an Internet site for which the corresponding domain name or, if there is no domain name, the corresponding Internet Protocol address, is a domestic domain name or domestic Internet Protocol address.

(6) Foreign domain name The term foreign domain name means a domain name that is not a domestic domain name.

(7) Foreign Internet Protocol address The term foreign Internet Protocol address means an Internet Protocol address that is not a domestic Internet protocol address.

(8) Foreign Internet site The term foreign Internet site means an Internet site that is not a domestic Internet site.

(9) Including The term including means including, but not limited to.

(10) Intellectual Property Enforcement Coordinator The term Intellectual Property Enforcement Coordinator means the Intellectual Property Enforcement Coordinator appointed under section 301 of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (15 U.S.C. 8111).

(11) Internet The term Internet has the meaning given that term in section 5362(5) of title 31, United States Code.

(12) Internet advertising service The term Internet advertising service means a service that for compensation sells, purchases, brokers, serves, inserts, verifies, clears, or otherwise facilitates the placement of an advertisement, including a paid or sponsored search result, link, or placement, that is rendered in viewable form for any period of time on an Internet site.

(13) Internet Protocol The term Internet Protocol means a protocol used for communicating data across a packet-switched internetwork using the Transmission Control Protocol/Internet Protocol, and includes any predecessor or successor protocol to such protocol.

(14) Internet Protocol address The term Internet Protocol address means a numerical label that is assigned to each device that participates in a computer network that uses the Internet Protocol for communication.

(15) Internet Protocol allocation entity The term Internet Protocol allocation entity means, with respect to a particular Internet Protocol address, the entity, local internet registry, or regional internet registry to which the smallest applicable block of Internet Protocol addresses containing that address is allocated or assigned by a local internet registry, regional internet registry, or other Internet Protocol address allocation authority, according to the applicable publicly available database of allocations and assignments, if any.

(16) Internet search engine The term Internet search engine means a service made available via the Internet that searches, crawls, categorizes, or indexes information or Web sites available elsewhere on the Internet and on the basis of a user query or selection that consists of terms, concepts, categories, questions, or other data returns to the user a means, such as a hyperlinked list of Uniform Resource Locators, of locating, viewing, or downloading such information or data available on the Internet relating to such query or selection.

(17) Internet site The term Internet site means the collection of digital assets, including links, indexes, or pointers to digital assets, accessible through the Internet that are addressed relative to a common domain name or, if there is no domain name, a common Internet Protocol address.

(18) Lanham Act The term Lanham Act means 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 or the Lanham Act ).

(19) Nonauthoritative domain name server The term nonauthoritative domain name server means a server that does not contain complete copies of domains but uses a cache file that is comprised of previous domain name server lookups, for which the server has received an authoritative response in the past.

(20) Owner; operator The terms owner or operator , when used in connection with an Internet site, includes, respectively, any owner of a majority interest in, or any person with authority to operate, such Internet site.

(21) Payment network provider (A) In general The term payment network provider means an entity that directly or indirectly provides the proprietary services, infrastructure, and software to effect or facilitate a debit, credit, or other payment transaction. (B) Rule of construction For purposes of this paragraph, a depository institution (as such term is defined under section 3 of the Federal Deposit Insurance Act) or credit union that initiates a payment transaction shall not be construed to be a payment network provider based solely on the offering or provision of such service.

(22) Service provider The term service provider means a service provider as defined in section 512(k)(1) of title 17, United States Code, that operates a nonauthoritative domain name system server.

(23) U.S.-directed site The term U.S.-directed site means an Internet site or portion thereof that is used to conduct business directed to residents of the United States, or that otherwise demonstrates the existence of minimum contacts sufficient for the exercise of personal jurisdiction over the owner or operator of the Internet site consistent with the Constitution of the United States, based on relevant evidence that may include whether— (A) the Internet site is used to provide goods or services to users located in the United States; (B) there is evidence that the Internet site or portion thereof is intended to offer or provide— (i) such goods and services, (ii) access to such goods and services, or (iii) delivery of such goods and services, to users located in the United States; (C) the Internet site or portion thereof does not contain reasonable measures to prevent such goods and services from being obtained in or delivered to the United States; and (D) any prices for goods and services are indicated or billed in the currency of the United States.