Congress may require ISPs to block fraud sites H.R.3817

Bryan King bking at
Thu Nov 5 16:40:09 CST 2009

Did I miss a thread on this? Has anyone looked at this yet?

Section 508 of H.R.3817:


Section 14 of the Securities Investor Protection Act of 1970 (15 U.S.C. 
78jjj) is amended by adding at the end the following new subsection:

`(d) Misrepresentation of SIPC Membership or Protection-

`(1) IN GENERAL- Any person who falsely represents by any means 
(including, without limitation, through the Internet or any other medium 
of mass communication), with actual knowledge of the falsity of the 
representation and with an intent to deceive or cause injury to another, 
that such person, or another person, is a member of SIPC or that any 
person or account is protected or is eligible for protection under this 
Act or by SIPC, shall be liable for any damages caused thereby and shall 
be fined not more than $250,000 or imprisoned for not more than five years.

`(2) INTERNET SERVICE PROVIDERS- Any Internet service provider that, on 
or through a system or network controlled or operated by the Internet 
service provider, transmits, routes, provides connections for, or stores 
any material containing any misrepresentation of the kind prohibited in 
paragraph (1) shall be liable for any damages caused thereby, including 
damages suffered by SIPC, if the Internet service provider--

`(A) has actual knowledge that the material contains a misrepresentation 
of the kind prohibited in paragraph (1), or

`(B) in the absence of actual knowledge, is aware of facts or 
circumstances from which it is apparent that the material contains a 
misrepresentation of the kind prohibited in paragraph (1), and

upon obtaining such knowledge or awareness, fails to act expeditiously 
to remove, or disable access to, the material.

`(3) INJUNCTIONS- Any court having jurisdiction of a civil action 
arising under this Act may grant temporary injunctions and final 
injunctions on such terms as the court deems reasonable to prevent or 
restrain any violation of paragraph (1) or (2). Any such injunction may 
be served anywhere in the United States on the person enjoined, shall be 
operative throughout the United States, and shall be enforceable, by 
proceedings in contempt or otherwise, by any United States court having 
jurisdiction over that person. The clerk of the court granting the 
injunction shall, when requested by any other court in which enforcement 
of the injunction is sought, transmit promptly to the other court a 
certified copy of all papers in the case on file in such clerk's office.'.

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