Rep. Lofgren Introduces Targeted Legislation to Combat Foreign Online Piracy That Preserves the Open Internet
January 29, 2025
Rep Zoe Lofgren (D-CA-18) introduced H.R. 791, the Foreign Anti-Digital Piracy Act (FADPA), to prevent foreign-run piracy sites from exploiting loopholes in existing law. The introduction of the Foreign Anti-Digital Piracy Act follows months of roundtable discussions and negotiations involving the content and tech communities to ensure the bill does not include undue liabilities and is both feasible and constitutional. The bill:
- Targets foreign piracy websites (only). By strictly applying to large-scale, foreign-run piracy sites, the bill ensures that lawful U.S. platforms, mixed-use sites, and independent creators remain unaffected.
- Respects First Amendment rights. Every blocking order must go through a U.S. court, requiring clear evidence, due process, and judicial oversight to ensure fair enforcement and prevent censorship.
- Prevents over-blocking and protects legal content. Courts must first verify that any site-blocking order does not interfere with access to lawful material before issuing an order.
- Allows for feasible tech solutions. Unlike past proposals, the bill does not mandate specific technical measures for blocking. Instead, it allows service providers to determine the best, least intrusive method(s) to comply with court orders, preserving internet stability and security.
- Provides a narrowly-tailored blocking mechanism. Since orders permitted by the bill are limited to piracy sites that exist solely to infringe copyrights, there would not be overbroad enforcement that could impact legitimate businesses or free expression.
- Protects service providers from legal liability. Internet service providers, DNS providers, and other intermediaries are shielded from lawsuits as long as they comply in good faith with court-ordered blocking measures.
Rep. Lofgren Introduces Targeted Legislation to Combat Foreign Online Piracy That Preserves the Open Internet