To amend the Tariff Act of 1930 to address unfair trade practices relating to infringement of copyrights and trademarks by certain Internet sites, and for other purposes.
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 ``Online Protection and Enforcement of Digital Trade Act'' or the ``OPEN Act''.
SEC. 2. UNFAIR TRADE PRACTICES RELATING TO INFRINGEMENT OF COPYRIGHTS AND TRADEMARKS BY CERTAIN INTERNET SITES.
(a) In General.--Title III of the Tariff Act of 1930 (19 U.S.C. 1304 et seq.) is amended by inserting after section 337 the following:
``SEC. 337A. UNFAIR TRADE PRACTICES RELATING TO INFRINGEMENT OF COPYRIGHTS AND TRADEMARKS BY CERTAIN INTERNET SITES.
``(a) Definitions.--In this section: ``(1) Complainant.--The term `complainant' means a person who files a complaint with the Commission under subsection (d). ``(2) Domain name.--The term `domain name' has the meaning given that term in section 45 of the Lanham Act (15 U.S.C. 1127). ``(3) Financial transaction provider.-- ``(A) In general.--Except as provided in subparagraph (B), the term `financial transaction provider' has the meaning given that term in section 5362(4) of title 31, United States Code. ``(B) Exception.--The term `financial transaction provider' does not include an Internet service platform or an affiliate of an Internet service platform. ``(4) Infringing activity.--The term `infringing activity' means an activity that-- ``(A) infringes a copyright in a manner punishable under section 506 of title 17, United States Code; ``(B) violates...