Page:United States Statutes at Large Volume 118.djvu/3947

 118 STAT. 3917 PUBLIC LAW 108–482—DEC. 23, 2004 approved July 5, 1946 (commonly referred to as the ‘Trademark Act of 1946’; 15 U.S.C. 1127).’’. SEC. 204. AMENDMENT TO TITLE 18, UNITED STATES CODE. (a) SENTENCING ENHANCEMENT.—Section 3559 of title 18, United States Code, is amended by adding at the end the following: ‘‘(f)(1) If a defendant who is convicted of a felony offense (other than offense of which an element is the false registration of a domain name) knowingly falsely registered a domain name and knowingly used that domain name in the course of that offense, the maximum imprisonment otherwise provided by law for that offense shall be doubled or increased by 7 years, whichever is less. ‘‘(2) As used in this section— ‘‘(A) the term ‘falsely registers’ means registers in a manner that prevents the effective identification of or contact with the person who registers; and ‘‘(B) the term ‘domain name’ has the meaning given that term is 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).’’. (b) UNITED STATES SENTENCING COMMISSION.— (1) DIRECTIVE.—Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend the sentencing guidelines and policy state- ments to ensure that the applicable guideline range for a defendant convicted of any felony offense carried out online that may be facilitated through the use of a domain name registered with materially false contact information is suffi- ciently stringent to deter commission of such acts. (2) REQUIREMENTS.—In carrying out this subsection, the Sentencing Commission shall provide sentencing enhancements for anyone convicted of any felony offense furthered through knowingly providing or knowingly causing to be provided mate- rially false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering, maintaining, or renewing a domain name used in connection with the violation. (3) DEFINITION.—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). SEC. 205. CONSTRUCTION. (a) FREE SPEECH AND PRESS.—Nothing in this title shall enlarge or diminish any rights of free speech or of the press for activities related to the registration or use of domain names. (b) DISCRETION OF COURTS IN DETERMINING RELIEF.—Nothing in this title shall restrict the discretion of a court in determining damages or other relief to be assessed against a person found liable for the infringement of intellectual property rights. 15 USC 1117 note. Guidelines. 28 USC 994 note. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00451 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

�