Courts can now order ISPs to block foreign websites; foreign operators get 20 days to fight back.
S. 5529 — DEFEND IP Act · Filed by Thom Tillis (R-NC) · 3 cosponsors · Introduced Sep 24, 2026 · Referred to committee
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What it does
This bill creates a new legal mechanism allowing copyright owners to petition federal courts to designate foreign websites as 'digital piracy sites' and then order U.S. broadband providers and major DNS services to block access to them. Copyright holders benefit by gaining a faster, court-backed tool to restrict access to infringing content; internet service providers are obligated to implement blocking measures but receive immunity from liability for doing so.
Why we flagged it
The bill's core function is to create a judicial process for designating foreign piracy sites and ordering ISPs to block them, while granting ISPs broad immunity from liability. This is a targeted copyright-enforcement tool, not a general internet regulation.
What the text implies
- ISPs receive immunity even if they block legitimate content or over-comply with orders, shifting accuracy risk entirely to users and foreign operators who have limited recourse.
- The 20-day window for foreign site operators to contest designation is short and assumes they can be notified and appear in U.S. court, creating a practical barrier to defense.
- Courts may issue ex parte (one-sided) orders before the foreign operator has any opportunity to respond, potentially designating sites without hearing from the accused party.
- The bill does not require courts to verify that blocked sites actually infringe; it only requires a showing that the site is 'primarily designed' for infringement or has 'no commercially significant purpose' other than infringement—a lower bar than proof of actual infringement.
- Service providers have no obligation to investigate accuracy of petitioner claims and are explicitly shielded from liability even if a site is 'inaccurately identified,' creating moral hazard for over-designation.
Section numbers refer to the bill text the analysis read — linked under Primary records below.
Who it affects
Citizens gain potential protection against infringing content distribution, but lose unilateral access to foreign websites based on copyright claims alone, with limited due process for the foreign site operator and risk of over-blocking of legitimate content. ISPs receive liability immunity, shifting compliance burden and accuracy risk onto users and foreign operators.
Who stands to gain
- copyright holders and entertainment companies
- broadband providers (liability immunity reduces compliance costs and legal exposure)
Named in the bill
Copyright Office, U.S. District Courts, Broadband providers, DNS service providers, Copyright owners and exclusive licensees, Foreign online locations/websites
Where it stands
3 cosponsors: 2 Democrats, 1 Republicans.
- Sep 24, 2026 — Introduced · Congress.gov: “Introduced in Senate”
- Sep 24, 2026 — Referred to Senate Committee on the Judiciary · Congress.gov: “Read twice and referred to the Committee on the Judiciary”
Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.
How this was measured
Analysis — Quorum's AI read the bill text published by Congress.gov (22,491 characters) on Oct 3, 2026. Section numbers in the findings refer to that text, linked below; transparency and hidden-provision scores are compared against the median of 16,222 analysed bills.
Status and sponsors — Congress.gov's bill record — actions, committee referrals and cosponsors — loaded nightly. The timeline shows status changes, not every procedural action.
As of — page rendered 2026-10-20.
“Courts can now order ISPs to block foreign websites; foreign operators get 20 days to fight back.” QuorumCivic. https://share.quorumcivic.app/bill/119/s5529 Report an error
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