Sec. 102(d) Modification or Vacation of Orders
- (1) IN GENERAL.—At any time after the issuance of an order under subsection (b), a motion to modify, suspend, or vacate the order may be filed by—
- (A) any person, or owner or operator of property, that is subject to the order;
- (B) any registrant of the domain name, or the owner or operator, of the Internet site that is subject to the order;
- (C) any domain name registrar, registry, or other domain name registration authority that has registered or assigned the domain name of the Internet site that is subject to the order; or
- (D) any entity that has been served with a copy of an order pursuant to subsection (c) that requires such entity to take action prescribed in that subsection.
- (2) RELIEF.—Relief under this subsection shall be proper if the court finds that—
- (A) the foreign Internet site subject to the order is no longer, or never was, a foreign infringing site; or
- (B) the interests of justice otherwise require that the order be modified, suspended, or vacated.
- (3) CONSIDERATION.—In making a relief determination under paragraph (2), a court may consider whether the domain name of the foreign Internet site has expired or has been re-registered by an entity other than the entity that is subject to the order with respect to which the motion under paragraph (1) is brought.
- (4) INTERVENTION.—An entity required to take action pursuant to subsection (c) if an order issues under subsection (b) may intervene at any time in any action commenced under subsection (b) that may result in such order, or in any action to modify, suspend, or vacate such order under this subsection.
- (e) AMENDED ORDERS.—The Attorney General, if alleging that a foreign Internet site previously adjudicated in an action under this section to be a foreign infringing site is accessible or has been reconstituted at a different domain name or Internet Protocol address, may petition the court to amend the order issued under this section accordingly.
- (f) LAW ENFORCEMENT COORDINATION.—
- (1) IN GENERAL.—The Attorney General shall inform the Intellectual Property Enforcement Coordinator and the heads of appropriate law enforcement agencies of all court orders issued under subsection (b), and all amended orders issued under subsection (e), regarding foreign infringing sites.
- (2) ALTERATIONS.—The Attorney General shall, and the defendant may, inform the Intellectual Property Enforcement Coordinator of the modification, suspension, expiration, or vacation of a court order issued under subsection (b) or an amended order issued under subsection (e).
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