A bipartisan group of lawmakers has introduced targeted legislation allowing content owners to seek court orders requiring internet service providers to block access to foreign digital piracy sites. The move marks a significant legislative return to the content protection debate nearly 15 years after the bitter political fallout of SOPA.
House and Senate lawmakers are once again turning their attention to major anti-piracy legislation, introducing a bill in which content owners can seek a court order to require that internet service providers prevent access to foreign digital piracy sites. After that initial designation, content owners could then seek a further order to prevent, or block, access to the site. Per the legislation, the order would direct service providers to take reasonable measures to prevent users in the United States from using the system or network of those service providers to access the foreign digital piracy site.
The bill sets out a series of rigorous criteria, including that such measures would not interfere with access to legal content at other online locations, and that it would be technically feasible and effective. Those seeking such orders would have to show that they are likely to suffer irreparable harm from the ongoing piracy. Backers of the DEFEND IP Act noted that the bill differs significantly from past legislation by not mandating specific technical measures for preventing access, leaving it instead up to internet providers to take reasonable measures while containing essential legal immunity provisions for ISPs.
It has been nearly 15 years since the entertainment industry sought passage of a previous effort to curb access to online piracy with the Stop Online Piracy Act, or SOPA. That historic legislative effort generated a massive backlash, with Google and other tech giants vehemently opposed, and Wikipedia and others staging a daylong blackout that paralyzed parts of the web. The bill was ultimately sidelined and left lawmakers shellshocked at the unprecedented scale of the public and corporate outcry.
For years since then, with many on Capitol Hill skittish about touching the third rail of internet regulation, the entertainment industry instead set its sights on voluntary commitments from those within the broader internet ecosystem. However, circumstances have fundamentally changed over the past decade and a half. Since then, Big Tech has seen its own significant backlash from lawmakers across the political spectrum, albeit little major restrictive legislation has actually passed Congress. Supporters of site-blocking measures, meanwhile, have increasingly pointed to its successful use in almost 60 countries worldwide.
Backers of the legislation emphasize that the DEFEND IP Act applies strictly to large-scale foreign sites and contains critical legal protections for service providers. Yet critics and industry observers have raised familiar concerns regarding the shifting tactics of digital infringers. Among other things, opponents have argued that targeted piracy sites can still easily put up mirror sites and that everyday users can effortlessly turn to virtual private networks, or VPNs, to bypass restrictions.
Furthermore, critics expressed explicit concerns over provisions addressing live event broadcasting, arguing that such measures are often based on predicted infringement rather than concrete, active violations. Yet after years of mounting calls for technology platforms and ISPs to take a greater institutional responsibility to curb digital infringement, the proposed legislation is positioned as a powerful new tool for film studios, independent producers, and other content creators to combat foreign piracy networks.
Lawmakers championing the bill have framed the initiative as a balanced, measured approach to protecting American intellectual property without threatening the core architecture of the internet. In a formal statement, Rep. Zoe Lofgren noted that foreign piracy operations exploit a loophole in our law, hurting workers and businesses in California and across the country while putting consumers at risk. She called the bill a smart, targeted approach to crack down on foreign piracy while protecting Americans' free speech and access to a free and open internet.
Sen. Thom Tillis echoed those sentiments, stating that foreign piracy continues to threaten American creators, putting well-paying jobs at risk, while exposing consumers to malware, identity theft, and other serious online harms. He characterized the legislation as a targeted, commonsense tool to shut down these foreign, criminal operations at the source while protecting lawful speech and due process. As the bill makes its way through committee deliberations, it represents a watershed moment for content creators seeking relief from offshore digital theft.
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