Foreign Anti-Digital Piracy Act

This bill, called the Foreign Anti-Digital Piracy Act (FADPA), sets up a way for U.S. courts to block access to foreign websites or online services that share pirated content or live streams. Copyright owners or exclusive licensees can ask a judge for a preliminary order and then a blocking order telling broadband providers to take reasonable, workable steps to stop users from reaching the specific site named in the order.

To get an order, the owner must identify the site (by domain or IP), try to notify the operator and known providers, show the site is mainly for infringement or is marketed for it, and swear the facts are true. For live events, the court can act quickly. Before granting a blocking order, the judge must make sure it won’t block lawful content, won’t put a big burden on providers, and won’t harm the public interest. Orders must be put in place within set timelines (usually within 15 days, or within 7 days for live events), and they expire after up to 12 months or 48 hours after the event.

• Who is affected: copyright owners and exclusive licensees; broadband internet providers that receive court orders; and people using those providers who may find named foreign piracy sites blocked.
• What changes:
  • Courts can order providers to block access to specific foreign sites; the order can’t force a particular technical method or require blocking VPNs.
  • Providers may be reimbursed for reasonable marginal costs to comply and get limited liability protections if they follow the order; orders must also be posted on a public website for transparency.
  • Existing internet-provider protections under copyright law stay in place; providers can pause blocking briefly to fix mistakes or protect network quality.
• When: takes effect six months after enactment; typical timelines to comply are 15 days (or up to 20 with good cause), or within 7 days for live events; orders generally last up to 12 months, or 48 hours after a live event.