Those challenging times are now more than a decade old and momentum is shifting. Representative Zoe Lofgren (D-CA) introduced<\/a>\u00a0the Foreign Anti-Digital Piracy Act (FADPA), which paves the way for blocking injunctions targeting foreign operated pirate sites, being implemented on home soil.<\/p>\n If approved, FADPA would allow copyright holders to obtain court orders requiring large Internet service providers (ISPs) and DNS resolvers to block access to pirate sites. The bill would amend existing copyright law to focus specifically on \u2018foreign websites\u2019 that are \u2018primarily designed\u2019 for copyright infringement.<\/p>\n The inclusion of DNS resolvers is significant. Major tech companies such as Google and Cloudflare offer DNS services internationally, raising the possibility of blocking orders having an effect worldwide. DNS providers with less than $100 million in annual revenue are excluded.<\/p>\n While site blocking is claimed to exist in more than 60 countries, DNS resolvers are typically not included in site blocking laws and regulations. These services have been\u00a0targeted with blocking requests before<\/a>\u00a0but it\u2019s certainly not standard.<\/p>\n <\/p>\n Every blocking order must go through a U.S. court, supported by clear evidence of copyright infringement, due process, and judicial oversight to prevent censorship. Courts must also verify that any site-blocking order does not interfere with access to lawful material before issuing an order.<\/p>\n In practice, a blocking request would go through a multistep process before it is issued.<\/p>\n 1.\u00a0Petition<\/strong>: A copyright owner or licensee files a petition in U.S. District Court seeking a preliminary order. The petition must identify the domain name and\/or IP-address.\u00a0<\/sub><\/p>\n 2.\u00a0Notice<\/strong>: The petitioner must make reasonable efforts to notify both the operator of the foreign website and the service providers identified in the petition. \u00a0<\/sub><\/p>\n 3.\u00a0Court Review<\/strong>: The court reviews the petition to determine whether it meets the requirements for issuing a preliminary order, including a copyright infringement check. If the court finds the criteria have been met, a preliminary order follows. \u00a0<\/sub><\/p>\n 4.\u00a0Opportunity to Contest<\/strong>: The operator of the foreign website has 30 days to appear in court and contest the preliminary order.<\/sub><\/p>\n 5.\u00a0Motion for Blocking Order<\/strong>: If the preliminary order is upheld, the petitioner can then move for a blocking order. Before issuing a blocking order, the court must determine that it will not interfere with access to non-infringing content, place a significant burden on service providers, or disserve the public interest.<\/sub><\/p>\n 6.\u00a0Final Order<\/strong>: Once the court is satisfied that the blocking order meets the requirements, it will issue the final order, and service providers will be required to implement it within 15 days.<\/sub><\/p><\/blockquote>\n The bill requires all court orders to be accessible to the public, immediately after they are issued. The proposal does not prescribe any specific blocking measures, however, leaving room for service providers to determine the least intrusive methods to comply.<\/p>\n Rightsholders already have the option to request a blocking injunction under U.S. Copyright Law. However, these may trigger liability for the online service providers. FADPA clarifies that these are \u201cno fault\u201d injunctions, shielding ISPs, DNS providers, and other intermediaries from legal liability.<\/p>\n The bill was introduced after months of discussions and negotiations with stakeholders from the content and tech industries. Whether any specific agreement was reached is unclear, but Rep. Lofgren is pleased with the result.<\/p>\n \u201cThe Foreign Anti-Digital Piracy Act is a smart, targeted approach that focuses on safety and intellectual property, while simultaneously upholding due process, respecting free speech, and ensuring enforcement is narrowly focused on the actual problem at hand,\u201d Lofgren says.<\/p>\n Interestingly, Lofgren was one of the lawmakers who fiercely opposed the SOPA site blocking proposal to protect the Open Internet. She sees the current bill as a proper and much needed alternative.<\/p>\n \u201cNow \u2013 after working for over a year with the tech, film, and television industries \u2013 we\u2019ve arrived at a proposal that has a remedy for copyright infringers located overseas that does not disrupt the free internet except for the infringers,\u201d Lofgren notes.<\/p>\n MPA Chairman and CEO Charles Rivkin thanked Rep. Lofgren for her efforts to support the creative industry, describing the bill as an effective tool to combat offshore piracy in the United States.<\/p>\n Not everyone is equally enthusiastic. Consumer interest group\u00a0Public Knowledge<\/a>\u00a0was quick to condemn the \u201ccensorious\u201d site blocking proposal.<\/p>\n \u201cRather than attacking the problem at its source \u2013 bringing the people running overseas piracy websites to court \u2013 Congress and its allies in the entertainment industry has decided to build out a sweeping infrastructure for censorship,\u201d says Public Knowledge\u2019s Meredith Rose.<\/p>\n In the weeks and months ahead, we expect more commentary from stakeholders, including ISPs and major tech companies. While the public outrage of 13 years ago will be difficult to top, there will likely be heated discussions before FADPA goes up for a vote.<\/p>\n \u2014<\/p>\n The Copyright Alliance wholeheartedly supports FADPA<\/a>.<\/p>\n Re:Create<\/a>\u00a0opposes the bill, with Executive Director Brandon Butler issuing the following statement.<\/p>\n \u201cFADPA and similar \u2018site-blocking\u2019 proposals would give Big Content the internet killswitch it has sought for decades. Copyright is hotly contested and infamously easy to use as a cudgel against free speech online.\u201d<\/p>\n Source: \u00a0A \u2018New and Improved\u2019 Pirate Site Blocking Bill<\/h2>\n
![\"FADPA](\"https:\/\/torrentfreak.com\/images\/fadpa.jpg.webp)
<\/picture><\/center> <\/p>\nPetition, Review, Block\u2026<\/h2>\n
Praise and Critique<\/h2>\n
![\"TorrentFreak\"](\"http:\/\/worldjusticenews.com\/news\/wp-content\/uploads\/2016\/11\/torrentfreak.png\")
<\/a> TorrentFreak.com<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"