Courts can now order ISPs to block foreign websites—with immunity from mistakes
H.R. 791 — Foreign Anti-Digital Piracy Act · Filed by Zoe Lofgren (D-CA) · Introduced Jan 28, 2025 · Referred to committee
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What it does
This bill creates a new legal mechanism allowing copyright owners to petition U.S. courts for orders that force internet service providers and domain name resolution services to block access to foreign websites accused of copyright infringement. Once a court issues a blocking order, ISPs and DNS providers must prevent their users from reaching the targeted site within 15–20 days (or 7 days for live events). The bill grants ISPs immunity from lawsuits by the blocked sites or their users, and by copyright owners for actions taken in good faith to comply.
Why we flagged it
The bill's core mechanism is a court-ordered blocking system targeting foreign piracy sites. While framed as copyright protection, it fundamentally shifts enforcement power from copyright holders suing infringers to ISPs and DNS providers acting as gatekeepers, with broad immunity from liability.
What the text implies
- ISPs gain immunity even when blocking orders are issued based on mistaken identification of a site, creating a one-way liability shield that may chill ISP scrutiny of blocking requests.
- The expedited ex parte process for live events (7-day compliance, possible same-day issuance) bypasses the foreign operator's right to contest the order, effectively allowing blocking without a hearing.
The full analysis lists 5 implications of this text.
Who stands to gain
copyright owners and exclusive licensees; major ISPs and broadband providers; large DNS resolution service providers (>$100M revenue)