PolicyBrief
H.R. 791
119th CongressJan 28th 2025
Foreign Anti-Digital Piracy Act
IN COMMITTEE

The Foreign Anti-Digital Piracy Act (FADPA) establishes a federal court process allowing copyright owners to obtain orders requiring internet service providers to block access to foreign websites primarily dedicated to digital piracy.

Zoe Lofgren
D

Zoe Lofgren

Representative

CA-18

LEGISLATION

New Digital Piracy Bill Targets Foreign Sites: 15-Day Blocking Orders for Copyright Infringement.

The Foreign Anti-Digital Piracy Act (FADPA) is a new attempt to play digital bouncer. It creates a fast-track federal court process allowing copyright owners—think movie studios, record labels, or software companies—to get orders that force internet service providers (ISPs) and major DNS providers to block access to foreign websites. To get a site blacklisted, a owner has to prove the site is primarily designed for piracy, has no real legal use, or is being marketed specifically to help people steal content. Once a court signs off, your internet provider has just 15 days to pull the plug on that site’s access for U.S. users.

The Digital Kill Switch

For the average person, this bill is about how you navigate the web. If you’re a sports fan who relies on those sketchy third-party streams for out-of-market games, the FADPA has a specific "live event" provision that moves even faster. For live broadcasts, courts can issue orders on an expedited basis—sometimes without even hearing from the site operator first—and providers must comply within 7 days. These orders aren't permanent; they typically last 12 months for standard sites or just 48 hours after a live event ends. However, the bill allows copyright owners to keep extending these orders as long as the piracy continues, potentially keeping a site blocked indefinitely.

Collateral Damage and the 'Oops' Clause

Here is where it gets tricky for the rest of us. While the bill says courts must ensure blocking won't interfere with "non-infringing material," the internet is a messy place. If a legitimate site shares an IP address or a server with a bad actor, it could get caught in the crossfire. Imagine you’re a small business owner using a foreign hosting service for your portfolio, and your site suddenly goes dark because a neighbor on that same server was hosting pirated movies. The bill does allow "innocent" site owners to file a motion to fix these mistakes, but that means hiring a lawyer and going to federal court—a massive headache for someone just trying to run a business. On the flip side, the bill explicitly protects your ISP from being sued if they block a site in good faith, even if that site is later found to be perfectly legal.

Who Pays the Tab?

Implementing these blocks isn't free. Large ISPs (those with over 100,000 subscribers) and DNS providers with over $100 million in revenue are the ones on the hook for doing the technical heavy lifting. While the bill allows these companies to ask the copyright owners to reimburse them for the "marginal costs" of blocking, those administrative hurdles often trickle down. For the tech-savvy, there’s a notable loophole: the bill specifically says providers cannot be forced to block VPNs or encrypted DNS protocols. This means while the front door to a pirated site might be locked, the side windows (VPNs) remain legally wide open, leaving some to wonder if this creates a high-cost hurdle that determined users will simply hop over.