Feb 04, 2025 11:39:00

Disney and Sony's industry group backs new US bill to urge Google and Cloudflare to block access to copyright-infringing sites

Democratic Congresswoman

Zoe Lofgren introduced the Foreign Digital Anti-Piracy Act (FADPA) , a bill that would allow copyright holders to request blocking orders against pirate sites operating outside the U.S. The bill is expected to ease the problems of 'censorship' and 'accountability' that have been issues with existing blocking laws.

Rep. Lofgren Introduces Targeted Legislation to Combat Foreign Online Piracy That Preserves the Open Internet | Congresswoman Zoe Lofgren
https://lofgren.house.gov/media/press-releases/rep-lofgren-introduces-targeted-legislation-combat-foreign-online-piracy

New Bill Aims to Block Foreign Pirate Sites in the US * TorrentFreak
https://torrentfreak.com/new-bill-aims-to-block-foreign-pirate-sites-in-the-us-250129/

New Bill to Effectively Kill Anime & Other Piracy in the US Gets Backing by Netflix, Disney & Sony
https://www.cbr.com/america-new-piracy-bill-netflix-disney-sony-backing/

If enacted, FADPA would allow copyright holders and exclusive licensees (complainants) to petition federal district courts for 'preliminary injunctions' requiring certain Internet service providers (ISPs) and DNS resolvers in the United States to block access to pirate sites.

The preliminary order is defined as allowing the court to conduct a risk assessment as to whether the order would disrupt access to non-infringing content on other websites or online services, impose a significant burden on service providers, or harm the public interest, and to seek testimony from the foreign pirate sites that are the subject of the claims.

The foreign operator who receives the preliminary order must appear in court and refute the order within 30 days of receipt. If the operator refutes the order, the court will issue a ruling within 14 days from the date of receipt. If the operator does not refute the order, the court will take measures to verify the applicant's claims. If the court finds the applicant's claims sufficient and the risk assessment is also problematic, the court will issue a blocking order, ordering the service provider to deny access to the pirate site within 15 days.

Exceptionally, where a live event such as a sporting event or concert is imminent or in progress, the court can issue a blocking order immediately without waiting for the foreign operator's objection.

Site blocking laws exist in more than 60 countries, but DNS resolvers are not included in the bill, which could have a wide-ranging impact. The bill defines American ISPs as 'broadband providers with more than 100,000 subscribers and DNS resolver providers with annual revenues of more than $100 million that do not provide DNS services exclusively through encrypted means,' and could include major ISPs such as Comcast and AT&T, as well as DNS service providers such as Google and Cloudflare.

The bill also defines a foreign pirate site as one 'operated by a foreign person who is physically located outside the United States, which is designed primarily to infringe copyrights and has no commercially significant purpose or use other than to infringe copyrights.'

The bill is said to allay concerns that existing and proposed blocking laws are too powerful and amount to censorship, as well as that service providers could be held liable if they block certain sites.

Copyright holders can already request blocking under US copyright law, but under the existing system, there is a risk that service providers will be held liable. On the other hand, the FADPA gives service providers a certain degree of immunity from liability, and as long as the order is properly complied with, service providers will be exempt from challenges from foreign sites and their users. In addition, complainants are not allowed to argue that 'the service provider knowingly facilitated copyright infringement' as if the court order were evidence of a crime.

The bill also ensures transparency by requiring all court orders to be publicly available as soon as they are issued, leaving service providers the leeway to block access in the least intrusive way possible, and allowing them to suspend and investigate blocking orders to prevent censorship.

'This bill is a smart, targeted approach that focuses on security and intellectual property, while at the same time requiring due process and respecting free speech,' said Rep. Lofgren, who introduced the bill. Originally, Rep. Lofgren was one of the senators who opposed existing blocking bills to protect the open Internet, but he believes this bill is an appropriate alternative.

According to entertainment media Deadline , the bill has been endorsed by the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), the Writers Guild of America, as well as the Motion Picture Association (MPA), an industry group representing Sony Pictures and Walt Disney Studios.

'We thank Rep. Lofgren for introducing FADPA and for his commitment to enacting it this Congress,' said MPA President and CEO Charles Rivkin. Meanwhile, consumer interest groups such as Public Knowledge have also criticized the bill as 'censorious.'

Also, while the bill will block access to foreign websites from the US, it does not ban the use of VPNs, so some have pointed out that it will still be possible to use a VPN to view pirated websites from the US.