Representative Zoe Lofgren has introduced the Foreign Anti-Digital Piracy Act (FADPA), a new bill aimed at blocking foreign pirate websites in the United States. The bill would amend copyright law to allow rightsholders to obtain court orders requiring large ISPs and DNS resolvers to block access to foreign websites primarily designed for copyright infringement.
Proposed FADPA Guidelines
According to the initial filing, the proposed bill:
- Applies to both Internet Service Providers and DNS resolvers (a new inclusion)
- States that DNS providers must have over $100 million in annual revenue to be affected
- Requires clear evidence of copyright infringement and judicial oversight
- Includes protections against censorship and interference with lawful content
How Infinging Websites Would Be Blocked
The blocking process involves six main steps:
- Copyright owner files a petition
- Reasonable effort to notify website operators and service providers
- Court review of the petition
- 30-day period for website operators to contest
- Court review of potential impacts on non-infringing content
- Final order implementation within 15 days
The bill provides “no fault” injunctions, protecting service providers from legal liability when implementing blocking orders. Rep. Lofgren, who previously opposed SOPA’s site-blocking measures, worked with tech and entertainment industries for over a year to develop this proposal.
Widespread Industry Support for Bill
The Motion Picture Association, which represents Amazon, Disney, Netflix, Warner Bros Discovery, Sony, Paramount, and more, supports the proposed bill as an effective tool against offshore piracy. Other bill supporters include the Authors Guide, SAG-AFTRA, and the International Alliance of Theatrical Stage Employees (IATSE).
The bill represents a significant shift in U.S. policy toward site blocking, which has been controversial since the Stop Online Piracy Act (SOPA) debates over a decade ago. Further discussions are expected before the bill goes to vote.