PIPA - Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 also known as the Protect IP Act - PIPA.  It is Senate Bill 968 and voting will begin January 23, 2012. The bill enables a plaintiff (anyone who owns intellectual property in the US including Media companies and Pharmaceutical companies) to stop websites that offers the unauthorized sale of their products by delisting them from search engines, domain name servers and stopping other websites from linking to them.  In essence the end results are that even though the companies may still exist, you will not be able to find them from a US based ISP (Comcast, Verizon, WindStream, Cox, etc.) and by using a US based search engine (Google, Yahoo, Bing, etc.).

The white house is not in support of the bill in which they stress that the important task of protecting intellectual property online must not threaten an open and innovative internet  click here to see the Official White House Response to Stop the E-PARASITE Act.

15     means a service that for compensation sells, pur-
16     chases, brokers, serves, inserts, verifies, or clears the
17     placement of an advertisement, including a paid or
18     sponsored search result, link, or placement that is
19     rendered in viewable form for any period of time on
20     an Internet site;
21     (6) the term "Internet site" means the collec-
22     tion of digital assets, including links, indexes, or
23     pointers to digital assets, accessible through the
24     Internet that are addressed relative to a common do-
25     mam name;

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1     (7) the term "Internet site dedicated to infring-
2     ing activities" means an Internet site that-
3     (A) has no significant use other than en-
4     gaging in, enabling, or facilitating the-
5     (i) reproduction, distribution, or pub-
6     lie performance of copyrighted works, in
7     complete or substantially complete form, in
8     a manner that constitutes copyright m-
9     fringement under section 501 of title 17,
10     United States Code;
11     (ii) violation of section 1201 of title
12     17, United States Code; or
13     (iii) sale, distribution, or promotion of
14     goods, services, or materials bearing a
15     counterfeit mark, as that term is defined
16     in section 34(d) of the Lanham Act; or
17     (B) is designed, operated, or marketed by
18     its operator or persons operating in concert
19     with the operator, and facts or circumstances
20     suggest is used, primarily as a means for en-
21     gaging in, enabling, or facilitating the activities
22     described under clauses (i), (ii), or (iii) of sub-
23     paragraph (A);
24     (8) the term "Lanham Act" means the Act en-
25     titled "An Act to provide for the registration and

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1     protection of trademarks used in commerce, to carry
2     out the provisions of certain international conven-
3     tions, and for other purposes", approved July 5,
4     1946 (commonly referred to as the "Trademark Act
5     of 1946" or the "Lanham Act");
6
(9) the term "nondomestic domain name"
7     means a domain name for which the domain name
8     registry that issued the domain name and operates
9     the relevant top level domain, and the domain name
10     registrar for the domain name, are not located in the
11     United States;
12     (10) the term "owner" or "operator" when
13     used in connection with an Internet site shall in-
14     elude, respectively, any owner of a majority interest
15     in, or any person with authority to operate, such
16     Internet site; and
17     (11) the term "qualifying plaintiff" means-
18     (A) the Attorney General of the United
19     States; or
20     (B) an owner of an intellectual property
21     right, or one authorized to enforce such right,
22     harmed by the activities of an Internet site
23     dedicated to infringing activities occurrmg on
24     that Internet site.

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1 SEC. 3. ENHANCING ENFORCEMENT AGAINST ROGUE
2 3
WEBSITES OPERATED AND REGISTERED OVERSEAS.
4     (a) COMMENCEMENT OF AN ACTION.-
5     (1) IN PERSONAM.-The Attorney General may
6     commence an in personam action against-
7     (A) a registrant of a nondomestic domain
8     name used by an Internet site dedicated to in-
9     fringing activities; or
10     (B) an owner or operator of an Internet
11     site dedicated to infringing activities accessed
12     through a nondomestic domain name.
13     (2) IN REM.-If through due diligence the At-
14     torney General is unable to find a person described
15     in subparagraphs (A) or (B) of paragraph (1), or no
16     such person found has an address within a judicial
17     district of the United States, the Attorney General
18     may commence an in rem action against a non-
19     domestic domain name used by an Internet site dedi-
20     cated to infringing activities.
21     (b) ORDERS OF THE COURT.-
22     (1) IN GENERAL.-On application of the Attor-
23     ney General following the commencement of an ac-
24     tion under this section, the court may issue a tem-
25     porary restraining order, a preliminary injunction, or
26     an injunction, in accordance with rule 65 of the Fed-

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1     eral Rules of Civil Procedure, against the non-
2     domestic domain name used by an Internet site dedi-
3     cated to infringing activities, or against a registrant
4     of such domain name, or the owner or operator of
5     such Internet site dedicated to infringing activities,
6     to cease and desist from undertaking any further ac-
7     tivity as an Internet site dedicated to infringing ac-
8     tivities, if-
9     (A) the domain name is used within the
10     United States to access such Internet site; and
11     (B) the Internet site-
12     (i) conducts business directed to resi-
13     dents of the United States; and
14     (ii) harms holders of United States in-
15     tellectual property rights.
16     (2) DETERMINATION BY THE COURT.-For pur-
17     poses of determining whether an Internet site con-
18     ducts business directed to residents of the United
19     States under paragraph (l)(B)(i), a court may con-
20     sider, among other indicia, whether-
21     (A) the Internet site is providing goods or
22     services described in section 2(7) to users 10-
23     cated in the United States;
24     (B) there is evidence that the Internet site
25     is not intended to provide-

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1     (i) such goods and services to users
2     located in the United States;
3     (ii) access to such goods and services
4     to users located in the United States; and
5     (iii) delivery of such goods and serv-
6     ices to users located in the United States;
7     (C) the Internet site has reasonable meas-
8     ures in place to prevent such goods and services
9     from being accessed from or delivered to the
10     United States;
11     (D) the Internet site offers services ob-
12     tained in the United States; and
13     (E) any prices for goods and services are
14     indicated in the currency of the United States.
15     (c) NOTICE AND SERVICE OF PROCESS.-
16     (1) IN GENERAL.-Upon commencing an action
17     under this section, the Attorney General shall send
18     a notice of the alleged violation and intent to pro-
19     ceed under this Act to the registrant of the domain
20     name of the Internet site-
21     (A) at the postal and e-mail address ap-
22     pearmg in the applicable publicly accessible
23     database of registrations, if any and to the ex-
24     tent such addresses are reasonably available;

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1     (B) VIa the postal and e-mail address of
2     the registrar, registry, or other domain name
3     registration authority that registered or as-
4     signed the domain name, to the extent such ad-
5     dresses are reasonably available; and
6     (C) in any other such form as the court
7     finds necessary, including as may be required
8     by Rule 4(f) of the Federal Rules of Civil Pro-
9     cedure.
10     (2) RULE OF CONSTRUCTION.-For purposes of
11     this section, the actions described in this subsection
12     shall constitute service of process.
13     (d) REQUIRED ACTIONS BASED ON COURT OR-
14 DERS.-
15     (1) SERVICE.-A Federal law enforcement offi-
16     cer, with the prior approval of the court, may serve
17     a copy of a court order issued pursuant to this sec-
18     tion on similarly situated entities within each class
19     described in paragraph (2). Proof of service shall be
20     filed with the court.
21
(2) REASONABLE MEASURES.-After being
22     served with a copy of an order pursuant to this sub-
23     section:
24         (A) OPERATORS.-

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
9
(i) IN GENERAL.-An operator of a
nonauthoritative domain name system server shall take the least burdensome technically feasible and reasonable meas¬ures designed to prevent the domain name described in the order from resolving to that domain name's Internet protocol ad¬dress, except that-
(I) such operator shall not be re¬quired-
( aa) other than as directed under this subparagraph, to mod¬ify its network, software, sys¬tems, or facilities;
(bb) to take any measures with respect to domain name lookups not performed by its own domain name server or domain name system servers located out¬side the United States; or
(cc) to continue to prevent access to a domain name to which access has been effectively disable by other means; and

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
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10
(II) nothing in this subparagraph shall affect the limitation on the liabil¬ity of such an operator under section 512 of title 17, United States Code. (ii) TEXT OF NOTICE.-The Attorney
General shall prescribe the text of the no¬tice displayed to users or customers of an operator taking an action pursuant to this subparagraph. Such text shall specify that the action is being taken pursuant to a court order obtained by the Attorney Gen¬eral.
(B)
FINANCIAL     TRANSACTION PRO-
VIDERS.-A financial transaction provider shall take reasonable measures, as expeditiously as reasonable, designed to prevent, prohibit, or suspend its service from completing payment transactions involving customers located within the United States and the Internet site associ¬ated with the domain name set forth in the order.
(C) INTERNET ADVERTISING SERVICES.¬An Internet advertising service that contracts with the Internet site associated with the do¬main name set forth in the order to provide ad-

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1     vertising to or for that site, or which knowingly
2     serves advertising to or for such site, shall take
3     technically feasible and reasonable measures, as
4     expeditiously as reasonable, designed to-
5     (i) prevent its service from providing
6     advertisements to the Internet site aSSOCI-
7     ated with such domain name; or
8     (ii) cease making available advertise-
9     ments for that site, or paid or sponsored
10     search results, links or other placements
11     that provide access to the domain name.
12     (D) INFORMATION LOCATION TOOLS.-An
13     information location tool shall take technically
14     feasible and reasonable measures, as expedi-
15     tiously as possible, to-
16     (i) remove or disable access to the
17     Internet site associated with the domain
18     name set forth in the order; or
19     (ii) not serve a hypertext link to such
20     Internet site.
21     (3) COMMUNICATION WITH USERs.-Except as
22     provided under paragraph (2)(A)(ii), an entity tak-
23     ing an action described in this subsection shall de-
24     termine whether and how to communicate such ac-
25     tion to the entity's users or customers.

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1     (4) RULE OF CONSTRUCTION.-For purposes of
2     an action commenced under this section, the obliga-
3     tions of an entity described in this subsection shall
4     be limited to the actions set out in each paragraph
5     or subparagraph applicable to such entity, and no
6     order issued pursuant to this section shall impose
7     any additional obligations on, or require additional
8     actions by, such entity.
9     (5) ACTIONS PURSUANT TO COURT ORDER.-
10     (A) IMMUNITY FROM SUIT.-No cause of
11     action shall lie in any Federal or State court or
12     administrative agency against any entity receiv-
13     ing a court order issued under this subsection,
14     or against any director, officer, employee, or
15     agent thereof, for any act reasonably designed
16     to comply with this subsection or reasonably
17     arising from such order, other than in an action
18     pursuant to subsection (e).
19     (B) IMMUNITY FROM LIABILITY.-Any en-
20     tity receiving an order under this subsection,
21     and any director, officer, employee, or agent
22     thereof, shall not be liable to any party for any
23     acts reasonably designed to comply with this
24     subsection or reasonably arising from such
25     order, other than in an action pursuant to sub-

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1     section (e), and any actions taken by customers
2     of such entity to circumvent any restriction on
3     access to the Internet domain instituted pursu-
4     ant to this subsection or any act, failure, or in-
5     ability to restrict access to an Internet domain
6     that is the subject of a court order issued pur-
7     suant to this subsection despite good faith ef-
8     forts to do so by such entity shall not be used
9     by any person in any claim or cause of action
10     against such entity, other than in an action
11     pursuant to subsection (e).
12     (e) ENFORCEMENT OF ORDERS.-
13     (1) IN GENERAL.-In order to compel compli-
14     ance with this section, the Attorney General may
15     bring an action for injunctive relief against any
16     party receiving a court order issued pursuant to this
17     section that knowingly and willfully fails to comply
18     with such order.
19     (2) RULE OF CONSTRUCTION.-The authority
20     granted the Attorney General under paragraph (1)
21     shall be the sole legal remedy for enforcing the obli-
22     gations under this section of any entity described in
23     subsection (d).
24     (3) DEFENSE.-A defendant in an action under
25     paragraph (1) may establish an affirmative defense

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1     by shovnng that the defendant does not have the
2     technical means to comply with the subsection with-
3     out incurring an unreasonable economic burden, or
4     that the order is inconsistent with this Act. This
5     showing shall serve as a defense only to the extent
6     of such inability to comply or to the extent of such
7     inconsistency.
8     (f) MODIFICATION OR VACATION OF ORDERS.-
9     (1) IN GENERAL.-At any time after the
10     issuance of an order under subsection (b), a motion
11     to modify, suspend, or vacate the order may be filed
12     by-
13         (A) any person, or owner or operator of
14         property, bound by the order;
15         (B) any registrant of the domain name, or
16         the owner or operator of the Internet site sub-
17     ject to the order;
18     (C) any domain name registrar or registry
19     that has registered or assigned the domain
20     name of the Internet site subject to the order;
21     or
22         (D) any entity that has received a copy of
23     an order pursuant to subsection (d) requiring
24     such entity to take action prescribed in that
25     subsection.

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1     (2) RELIEF.-Relief under this subsection shall
2     be proper if the court finds that-
3     (A) the Internet site associated with the
4     domain name subject to the order is no longer,
5     or never was, an Internet site dedicated to in-
6     fringing activities; or
7     (B) the interests of justice require that the
8     order be modified, suspended, or vacated.
9     (3) CONSIDERATION.-In making a relief deter-
10     mination under paragraph (2), a court may consider
11     whether the domain name has expired or has been
12     re- registered by a different party.
13     (g) RELATED ACTIONS.-The Attorney General, if al-
14 leging that an Internet site previously adjudicated to be 15 an Internet site dedicated to infringing activities is acces- 16 sible or has been reconstituted at a different domain 17 name, may commence a related action under this section 18 against the additional domain name in the same judicial 19 district as the previous action.
20 SEC. 4. ELIMINATING THE FINANCIAL INCENTIVE TO STEAL
21     INTELLECTUAL PROPERTY ONLINE.
22     (a) COMMENCEMENT OF AN ACTION.-
23     (1) IN PERSONAM.-A qualifying plaintiff may
24     commence an in personam action against-

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1     (A) a registrant of a domain name used by
2     an Internet site dedicated to infringing activi-
3     ties; or
4     (B) an owner or operator of an Internet
5     site dedicated to infringing activities accessed
6     through a domain name.
7     (2) IN REM.-If through due diligence a quali-
8     fying plaintiff is unable to find a person described
9     in subparagraphs (A) or (B) of paragraph (1), or no
10     such person found has an address within a judicial
11     district of the United States, the Attorney General
12     may commence an in rem action against a domain
13     name used by an Internet site dedicated to infring-
14     ing activities.
15     (b) ORDERS OF THE COURT.-
16     (1) IN GENERAL.-On application of a quali-
17     fying plaintiff following the commencement of an ac-
18     tion under this section, the court may issue a tem-
19     porary restraining order, a preliminary injunction, or
20     an injunction, in accordance with rule 65 of the Fed-
21     eral Rules of Civil Procedure, against the domain
22     name used by an Internet site dedicated to infring-
23     ing activities, or against a registrant of such domain
24     name, or the owner or operator of such Internet site
25     dedicated to infringing activities, to cease and desist

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1     from undertaking any further activity as an Internet
2     site dedicated to infringing activities, if-
3     (A) the domain name is registered or as-
4     signed by a domain name registrar or domain
5     name registry that located or doing business in
6     the United States; or
7     (B) (i) the domain name is used within the
8     United States to access such Internet site; and
9     (ii) the Internet site-
10     (I) conducts business directed to resi-
11     dents of the United States; and
12     (II) harms holders of United States
13     intellectual property rights.
14     (2) DETERMINATION BY THE COURT.-For pur-
15     poses of determining whether an Internet site con-
16     ducts business directed to residents of the United
17     States under paragraph (l)(B)(ii)(I), a court may
18     consider, among other indicia, whether-
19     (A) the Internet site is providing goods or
20     services described in section 2(7) to users 10-
21     cated in the United States;
22     (B) there is evidence that the Internet site
23     is not intended to provide-
24     (i) such goods and services to users
25     located in the United States;

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1     (ii) access to such goods and services
2     to users located in the United States; and
3     (iii) delivery of such goods and serv-
4     ices to users located in the United States;
5     (C) the Internet site has reasonable meas-
6     ures in place to prevent such goods and services
7     from being accessed from or delivered to the
8     United States;
9     (D) the Internet site offers services ob-
10     tained in the United States; and
11     (E) any prices for goods and services are
12     indicated in the currency of the United States.
13     (c) NOTICE AND SERVICE OF PROCESS.-
14     (1) IN GENERAL.-Upon commencing an action
15     under this section, the qualifying plaintiff shall send
16     a notice of the alleged violation and intent to pro-
17     ceed under this Act to the registrant of the domain
18     name of the Internet site-
19     (A) at the postal and e-mail address ap-
20     pearmg in the applicable publicly accessible
21     database of registrations, if any and to the ex-
22     tent such addresses are reasonably available;
23     (B) via the postal and e-mail address of
24     the registrar, registry, or other domain name
25     registration authority that registered or as-

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1     signed the domain name, to the extent such ad-
2     dresses are reasonably available; and
3     (C) in any other such form as the court
4     finds necessary, including as may be required
5     by Rule 4(f) of the Federal Rules of Civil Pro-
6     cedure.
7     (2) RULE OF CONSTRUCTION.-For purposes of
8     this section, the actions described in this subsection
9     shall constitute service of process.
10     (d) REQUIRED ACTIONS BASED ON COURT OR-
11 DERS.-
12     (1) SERVICE.-A qualifying plaintiff, with the
13     prior approval of the court, may, serve a copy of a
14     court order issued pursuant to this section on simi-
15     larly situated entities within each class described in
16     paragraph (2). Proof of service shall be filed with
17     the court.
18     (2) REASONABLE MEASURES.-After being
19     served with a copy of an order pursuant to this sub-
20     section:
21 22 23 24 25
(A)
FINANCIAL
TRANSACTION     PRO-
VIDERS.-A financial transaction provider shall take reasonable measures, as expeditiously as reasonable, designed to prevent, prohibit, or suspend its service from completing payment

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1     transactions involving customers located within
2     the United States and the Internet site aSSOCI-
3     ated with the domain name set forth in the
4     order.
5     (B) INTERNET ADVERTISING SERVICES.-
6     An Internet advertising service that contracts
7     with the Internet site associated with the do-
8     main name set forth in the order to provide ad-
9     vertising to or for that site, or which knowingly
10     serves advertising to or for such site, shall take
11     technically feasible and reasonable measures, as
12     expeditiously as reasonable, designed to-
13     (i) prevent its service from providing
14     advertisements to the Internet site aSSOCI-
15     ated with such domain name; or
16     (ii) cease making available advertise-
17     ments for that site, or paid or sponsored
18     search results, links, or placements that
19     provide access to the domain name.
20     (3) COMMUNICATION WITH USERS.-An entity
21     taking an action described in this subsection shall
22     determine how to communicate such action to the
23     entity's users or customers.
24     (4) RULE OF CONSTRUCTION.-For purposes of
25     an action commenced under this section, the obliga-

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1     tions of an entity described in this subsection shall
2     be limited to the actions set out in each paragraph
3     or subparagraph applicable to such entity, and no
4     order issued pursuant to this section shall impose
5     any additional obligations on, or require additional
6     actions by, such entity.
7     (5) ACTIONS PURSUANT TO COURT ORDER.-
8     (A) IMMUNITY FROM SUIT.-No cause of
9     action shall lie in any Federal or State court or
10     administrative agency against any entity receiv-
11     ing a court order issued under this subsection,
12     or against any director, officer, employee, or
13     agent thereof, for any act reasonably designed
14     to comply with this subsection or reasonably
15     arising from such order, other than in an action
16     pursuant to subsection (e).
17     (B) IMMUNITY FROM LIABILITY.-Any en-
18     tity receiving an order under this subsection,
19     and any director, officer, employee, or agent
20     thereof, shall not be liable to any party for any
21     acts reasonably designed to comply with this
22     subsection or reasonably arising from such
23     order, other than in an action pursuant to sub-
24     section (e), and any actions taken by customers
25     of such entity to circumvent any restriction on

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1     access to the Internet domain instituted pursu-
2     ant to this subsection or any act, failure, or in-
3     ability to restrict access to an Internet domain
4     that is the subject of a court order issued pur-
5     suant to this subsection despite good faith ef-
6     forts to do so by such entity shall not be used
7     by any person in any claim or cause of action
8     against such entity, other than in an action
9     pursuant to subsection (e).
10     (e) ENFORCEMENT OF ORDERS.-
11     (1) IN GENERAL.-In order to compel compli-
12     ance with this section, the qualifying plaintiff may
13     bring an action for injunctive relief against any
14     party receiving a court order issued pursuant to this
15     section that knowingly and willfully fails to comply
16     with such order.
17     (2) RULE OF CONSTRUCTION.-The authority
18     granted a qualifying plaintiff under paragraph (1)
19     shall be the sole legal remedy for enforcing the obli-
20     gations under this section of any entity described in
21     subsection ( d) .
22     (3) DEFENSE.-A defendant in an action com-
23     menced under paragraph (1) may establish an af-
24     firmative defense by showing that the defendant
25     does not have the technical means to comply with

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1     the subsection without incurring an unreasonable
2     economic burden, or that the order is inconsistent
3     with this Act. This showing shall serve as a defense
4     only to the extent of such inability to comply or to
5     the extent of such inconsistency.
6     (f) MODIFICATION OR VACATION OF ORDERS.-
7     (1) IN GENERAL.-At any time after the
8     issuance of an order under subsection (b), a motion
9     to modify, suspend, or vacate the order may be filed
10     by-
11         (A) any person, or owner or operator of
12         property, bound by the order;
13         (B) any registrant of the domain name, or
14         the owner or operator of the Internet site sub-
15     ject to the order;
16     (C) any domain name registrar or registry
17     that has registered or assigned the domain
18     name of the Internet site subject to the order;
19     or
20         (D) any entity that has received a copy of
21     an order pursuant to subsection (d) requiring
22     such entity to take action prescribed in that
23     subsection.
24     (2) RELIEF.-Relief under this subsection shall
25     be proper if the court finds that-

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1     (A) the Internet site associated with the
2     domain name subject to the order is no longer,
3     or never was, dedicated to infringing activities
4     as defined in this Act; or
5     (B) the interests of justice require that the
6     order be modified, suspended, or vacated.
7     (3) CONSIDERATION.-In making a relief deter-
8     mination under paragraph (2), a court may consider
9     whether the domain name has expired or has been
10     re- registered by a different party.
11     (g) RELATED ACTIONS.-A qualifying plaintiff, if al-
12 leging that an Internet site previously adjudicated to be 13 an Internet site dedicated to infringing activities is acces- 14 sible or has been reconstituted at a different domain 15 name, may commence a related action under this section 16 against the additional domain name in the same judicial 17 district as the previous action.
18 SEC. 5. VOLUNTARY ACTION AGAINST WEBSITES STEALING
19     AMERICAN INTELLECTUAL PROPERTY.
20     (a) IN GENERAL.-No financial transaction provider
21 or Internet advertising service shall be liable for damages 22 to any person for voluntarily taking any action described 23 in section 3 (d) or 4( d) with regard to an Internet site if 24 the entity acting in good faith and based on credible evi-

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1 dence has a reasonable belief that the Internet site is an 2 Internet site dedicated to infringing activities.
3     (b) INTERNET SITES ENGAGED IN INFRINGING Ac-
4 TIVITIES THAT ENDANGER THE PUBLIC HEALTH.-
5     (1) REFUSAL OF SERVICE .-A domain name
6     registry, domain name registrar, financial trans-
7     action provider, information location tool, or Inter-
8     net advertising service, acting in good faith and
9     based on credible evidence, may stop providing or
10     refuse to provide services to an infringing Internet
11     site that endangers the public health.
12     (2) IMMUNITY FROM LIABILITY.-An entity de-
13     scribed in paragraph (1), including its directors, offi-
14     cers, employees, or agents, that ceases or refused to
15     provide services under paragraph (1) shall not be
16     liable to any party under any Federal or State law
17     for such action.
18     (3) DEFINITIONS.-For purposes of this sub-
19     section-
20         (A) the term "adulterated" has the same
21     meaning as in section 501 of the Federal Food,
22     Drug, and Cosmetic Act (21 U.S.C. 351);
23     (B) an "infringing Internet site that en-
24     dangers the public health" means-

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
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(i) an Internet site dedicated to in¬fringing activities for which the counterfeit products that it offers, sells, dispenses, or distributes are controlled or non-controlled prescription medication; or
(ii) an Internet site that has no sig¬nificant use other than, or is designed, op¬erated, or marketed by its operator or per¬sons operating in concert with the oper¬ator, and facts or circumstances suggest is used, primarily as a means for-
(I) offering, selling, dispensing, or distributing any controlled or non¬controlled prescription medication, and does so regularly without a valid prescription; or
(II) offering, selling, dispensing, or distributing any controlled or non¬controlled prescription medication, and does so regularly for medication that is adulterated or misbranded;
(C) the term "misbranded" has the same meaning as in section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352); and

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(D) the term "valid prescription" has the same meaning as in section 309(e)(2)(A) of the Controlled Substances Act (21 U.S.C. 829(e)(2)(A)).
5 SEC. 6. SAVINGS CLAUSES.
6 (a) RULE OF CONSTRUCTION RELATING TO CIVIL 7 AND CRIMINAL REMEDIES.-N othing in this Act shall be 8 construed to limit or expand civil or criminal remedies 9 available to any person (including the United States) for
10 infringing activities on the Internet pursuant to any other 11 Federal or State law.
12 (b) RULE OF CONSTRUCTION RELATING TO VICARI- 13 OUS OR CONTRIBUTORY LIABILITY.-N othing in this Act 14 shall be construed to enlarge or diminish vicarious or con- 15 tributory liability for any cause of action available under 16 title 17, United States Code, including any limitations on 17 liability under section 512 of such title 17, or to create 18 an obligation to take action pursuant to section 5 of this 19 Act.
20 (c) RELATIONSHIP WITH SECTION 512 OF TITLE 21 1 7 .-N othing in this Act, and no order issued or served 22 pursuant to sections 3 or 4 of this Act, shall serve as a 23 basis for determining the application of section 512 of title 24 17, United States Code.

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1 SEC. 7. GUIDELINES AND STUDIES.
2     (a) GUIDELINES.-The Attorney General shall-
3     (1) publish procedures developed in consultation
4     with other relevant law enforcement agencies, includ-
5     ing the United States Immigration and Customs En-
6     forcement, to receive information from the public
7     about Internet sites dedicated to infringing activi-
8     ties;
9         (2) provide guidance to intellectual property
10     rights holders about what information such rights
11     holders should provide law enforcement agencies to
12     initiate an investigation pursuant to this Act;
13     (3) provide guidance to intellectual property
14     rights holders about how to supplement an ongoing
15     investigation initiated pursuant to this Act;
16     (4) establish standards for prioritization of ac-
17     tions brought under this Act;
18     (5) provide appropriate resources and proce-
19     dures for case management and development to af-
20     fect timely disposition of actions brought under this
21     Act; and
22     (6) develop a de confliction process in consulta-
23     tion with other law enforcement agencies, including
24     the United States Immigration and Customs En-
25     forcement, to coordinate enforcement activities
26     brought under this Act.

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1     (b) REPORTS.-
2     (1) REPORT ON EFFECTIVENESS OF CERTAIN
3     MEASURES.-Not later than 1 year after the date of
4     enactment of this Act, the Secretary of Commerce,
5     in coordination with the Attorney General, the Sec-
6     retary of Homeland Security, and the Intellectual
7     Property Enforcement Coordinator, shall conduct a
8     study and report to the Committee on the Judiciary
9     of the Senate and the Committee on the Judiciary
10     of the House of Representatives on the following:
11     (A) An assessment of the effects, if any, of
12     the implementation of section 3(d)(2)(A) on the
13     accessibility of Internet sites dedicated to in-
14     fringing activity.
15     (B) An assessment of the effects, if any, of
16     the implementation of section 3(d)(2)(A) on the
17     deployment, security, and reliability of the do-
18     main name system and associated Internet
19     processes, including Domain Name System Se-
20     curity Extensions.
21     (C) Recommendations, if any, for modi-
22     fying or amending this Act to increase effective-
23     ness or ameliorate any unintended effects of
24     section 3(d)(2)(A).

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1     (2) REPORT ON OVERALL EFFECTIVENESS.-
2     The Register of Copyrights shall, in consultation
3     with the appropriate departments and agencies of
4     the United States and other stakeholders-
5     (A) conduct a study on-
6     (i) the enforcement and effectiveness
7     of this Act; and
8     (ii) the need to modify or amend this
9     Act to apply to emerging technologies; and
10     (B) not later than 2 years after the date
11     of enactment of this Act, submit a report to the
12     Committee on the Judiciary of the Senate and
13     the Committee on the Judiciary of the House of
14     Representatives on-
15     (i) the results of the study conducted
16     under subparagraph (A); and
17     (ii) any recommendations that the
18     Register may have as a result of the study.