On September 20, 2010, Chairman of the Senate Judiciary Committee Leahy (D-VT) introduced bipartisan legislation, S. 3804, the Combating Online Infringement and Counterfeits Act, with a stated purpose of combating online copyright infringement and piracy. Since its introduction, an amendment in the nature of a substitute has been circulated that would remove from the original bill a provision that would have granted authority to the Attorney General to create a blacklist of sites believed by the Department of Justice (“DOJ”) to be “dedicated to infringing activities.” Although neither the bill nor the amendment was considered by the Senate Judiciary Committee before Congress recessed at the end of September, the bill has been placed on the Committee’s business meeting agenda for consideration when Congress returns after the mid-term elections. This bill would:

  • Provide the U.S. Attorney General with new enforcement tools (e.g., injunctive relief and authority to bring in rem suits) to take action against these so-called rogue sites that are operated to traffic in pirated goods and services.
  • Require registrars, registries, ad networks, ISPs, and payment system providers to carry out any orders issued by the federal courts against a rogue site.
  • Require the Intellectual Property Enforcement Coordinator, who is located in an office at the Office of Management and Budget, to publicly post the names of the domain names determined to be used by sites dedicated to infringing activities.