I
119THCONGRESS
1
STSESSION H. R. 791
To amend title 17, United States Code, to provide for blocking orders relating
to specifically identified infringing foreign websites or online services,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY28, 2025
Ms. L
OFGRENintroduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend title 17, United States Code, to provide for block-
ing orders relating to specifically identified infringing
foreign websites or online services, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Foreign Anti-Digital 4
Piracy Act or ‘FADPA.’’’ 5
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SEC. 2. BLOCKING ORDERS RELATING TO SPECIFICALLY 1
IDENTIFIED INFRINGING FOREIGN WEBSITES 2
OR ONLINE SERVICES. 3
(a) I
NGENERAL.—Chapter 5 of title 17, United 4
States Code, is amended by inserting after section 502 the 5
following: 6
‘‘§ 502A. Blocking orders relating to specifically iden-7
tified infringing foreign websites or on-8
line services 9
‘‘(a) P
RELIMINARYORDER.— 10
‘‘(1) P
ETITION.—A covered person may file a 11
petition in a United States District Court for the 12
issuance of a preliminary order declaring that— 13
‘‘(A) with respect to the transmission of 14
work protected under section 106 through a 15
foreign website or online service— 16
‘‘(i) the transmission of such work 17
likely infringes the exclusive right of the 18
covered person under section 106 to repro-19
duce, distribute, publicly perform, or pub-20
licly display such work; and 21
‘‘(ii) the covered person is likely to 22
suffer irreparable harm as a result of such 23
infringement; or 24
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‘‘(B) with respect to the imminent trans-1
mission of a live event on or through a foreign 2
website or online service— 3
‘‘(i) the transmission will likely in-4
fringe the exclusive right of the covered 5
person under section 106 to reproduce, dis-6
tribute, publicly perform, or publicly dis-7
play such work; and 8
‘‘(ii) the covered person will likely suf-9
fer irreparable harm as a result of such in-10
fringement. 11
‘‘(2) I
SSUANCE.—The court shall issue the 12
order described in paragraph (1) if the court finds 13
the following: 14
‘‘(A) The petitioner includes in the peti-15
tion, the internet protocol address, a domain 16
name, or other similar online identifier of the 17
foreign website or online service identified in 18
the petition. 19
‘‘(B) The petitioner attempted to serve the 20
operator of the foreign website or online service 21
identified in the petition with notice of the ac-22
tion and the petition in accordance with Rule 4 23
of the Federal Rules of Civil Procedure. 24
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‘‘(C) With respect to each service provider 1
the petitioner has identified through a reason-2
ably diligent investigation as providing a service 3
with respect to the foreign website or online 4
service identified in the petition, the petitioner 5
provided notice of the infringing activity to— 6
‘‘(i) the agent of service provider des-7
ignated pursuant to section 512(c)(2) to 8
receive notifications of claimed infringe-9
ment; or 10
‘‘(ii) if the service provider does not 11
have such an agent, in accordance with 12
Rule 4 of the Federal Rules of Civil Proce-13
dure. 14
‘‘(D) The petitioner certifies in the petition 15
that after conducting a reasonably diligent in-16
vestigation based on publicly available informa-17
tion the petitioner— 18
‘‘(i) determines that the operator of 19
the foreign website or online service identi-20
fied in the petition is physically located 21
outside of the United States; or 22
‘‘(ii) cannot determine that the oper-23
ator of the foreign website or online service 24
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is physically located within the United 1
States. 2
‘‘(E) The foreign website or online service 3
identified in the petition— 4
‘‘(i) is primarily designed or primarily 5
provided for the purpose of infringing 6
copyright; 7
‘‘(ii) has no commercially significant 8
purpose or use other than infringing copy-9
right; or 10
‘‘(iii) is intentionally marketed by or 11
at the direction of the operator of the for-12
eign website or online service to promote 13
the use of the website or online service in 14
the infringement of copyright. 15
‘‘(F) Upon penalty of perjury, the Peti-16
tioner has attested— 17
‘‘(i) to the best of the knowledge of 18
the petitioner, to the accuracy of the asser-19
tions of the petitioner regarding the for-20
eign website or online service identified in 21
the petition, or the operator thereof; and 22
‘‘(ii) that the petition was filed with a 23
substantial connection to enforcing the ex-24
clusive rights of the petition under this 25
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title, including to protect economic inter-1
ests derived from such rights. 2
‘‘(3) N
ON-ISSUANCE OF PRELIMINARY 3
ORDER.—A court may not issue the order described 4
under paragraph (1) if the court finds that— 5
‘‘(A) the infringement of the petitioner’s 6
exclusive right by the foreign website or online 7
service has ceased entirely; and 8
‘‘(B) there is not a reasonable possibility 9
that such infringing activity will resume. 10
‘‘(4) C
ONTESTING THE PRELIMINARY ORDER .— 11
Not later than 30 days after a petition described 12
under paragraph (1) is filed, the operator of the for-13
eign website or online service identified in such peti-14
tion may appear and contest the issuance of the 15
order concerned. 16
‘‘(5) A
PPOINTMENT OF MASTER TO ASSIST 17
COURT.— 18
‘‘(A) A
PPOINTMENT.—If the operator of a 19
foreign website or online service identified in a 20
petition filed under paragraph (1) does not ap-21
pear and contest the issuance of the preliminary 22
order pursuant to paragraph (4), the Court 23
may, in its discretion, appoint a master pursu-24
ant to Rule 53 of the Federal Rules of Civil 25
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Procedure to assist in determining whether the 1
criteria in paragraph (2) have been satisfied for 2
the purpose of issuing such order. 3
‘‘(B) A
UTHORITIES.—The master may 4
gather and review publicly available information 5
relating to whether the criteria in paragraph 6
(2) have been satisfied. 7
‘‘(C) N
O EFFECT ON PROCEEDINGS .—The 8
appointment of a master shall not unduly delay 9
the proceedings or impose excessive costs on the 10
court or the petitioner. 11
‘‘(6) T
IME FOR ISSUING PETITION .—The court 12
shall determine whether to issue an order on the 13
basis of a petition filed under paragraph (1), or deny 14
such order— 15
‘‘(A) following the timely filing of an oppo-16
sition and a 14-day period for reply; 17
‘‘(B) after the period for filing an opposi-18
tion has expired; or 19
‘‘(C) in the case that the petitioner is al-20
leging that irreparable harm will likely occur as 21
a result of the imminent transmission of a live 22
event or ongoing unauthorized transmission of 23
a live event is occurring, on an expedited basis 24
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that effectively addresses the imminent or con-1
tinuing harm identified in the petition. 2
‘‘(7) I
MMINENT TRANSMISSION OF A LIVE 3
EVENT.—In the case that the petitioner is alleging 4
that irreparable harm will likely occur as a result of 5
the imminent transmission of a live event by a for-6
eign website or online service or ongoing unauthor-7
ized transmission of a live event is occurring by a 8
foreign website or online service, the court may issue 9
an order under this subsection on an exparte basis 10
with respect the transmission. 11
‘‘(b) B
LOCKINGORDERSTOPREVENTACCESS TO 12
F
OREIGNWEBSITE ORONLINESERVICE.— 13
‘‘(1) I
N GENERAL.— 14
‘‘(A) M
OTION.—At any time after a court 15
has issued an order pursuant to subsection (a), 16
the petitioner may move for an order directing 17
each service provider that received notice of the 18
order under subsection (a) to take reasonable 19
and technically feasible measures to prevent 20
users of the service provided by the service pro-21
vider from accessing the foreign website or on-22
line service identified in the order. 23
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‘‘(B) NOTICE.—The petitioner shall serve 1
both the applicable order and motion on each 2
such service provider. 3
‘‘(C) O
THER COURTS.—If the court that 4
issues the order pursuant to subsection (a) does 5
not have jurisdiction over a service provider, the 6
petitioner may institute a miscellaneous action 7
and file the motion described under subpara-8
graph (A) with any court of the United States 9
that has jurisdiction over such service provider. 10
‘‘(2) I
SSUANCE OF ORDER.— 11
‘‘(A) C
OURT DETERMINATION BEFORE 12
GRANTING ORDER .—The court may not issue 13
an order under paragraph (1) unless the court 14
determines that implementation of the order 15
will not— 16
‘‘(i) interfere with user access to non- 17
infringing material on another website or 18
online service; 19
‘‘(ii) significantly burden the service 20
provider, including the operation of the 21
system or network of the service provider; 22
or 23
‘‘(iii) disserve the public interest. 24
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‘‘(B) TERMS AND CONDITIONS OF 1
ORDER.—Any order under subsection (b)(1) 2
shall— 3
‘‘(i) require the service provider to 4
comply with the order— 5
‘‘(I) with respect to an order that 6
does not relate to the imminent public 7
performance of a live event— 8
‘‘(aa) not later than 15 days 9
after the order is issued; or 10
‘‘(bb) not later than 20 days 11
after the order is issued if the 12
court finds good cause has been 13
shown for such an extension; and 14
‘‘(II) with respect to an order 15
that relates to the imminent public 16
performance of a live event, by a date 17
after the order is issued— 18
‘‘(aa) that takes into ac-19
count— 20
‘‘(AA) the imminent 21
nature of the infringement; 22
‘‘(BB) the capabilities 23
of the service provider; and 24
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‘‘(CC) what is tech-1
nically feasible for the serv-2
ice provider; and 3
‘‘(bb) that is not later than 4
7 days after the order is issued; 5
and 6
‘‘(ii) expire with respect to a service 7
provider— 8
‘‘(I) except as provided in sub-9
clauses (II) and (III), 12 months after 10
the service provider is served under 11
subsection (b)(1), unless the expira-12
tion date is extended by the issuing 13
court pursuant to paragraph (6); 14
‘‘(II) if the order relates to the 15
public performance of one live event, 16
48 hours after the conclusion of the 17
public performance of the live event; 18
or 19
‘‘(III) if the order relates to the 20
public performance of more than one 21
live event, 48 hours after the conclu-22
sion of the public performance of the 23
final live event covered in the order. 24
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‘‘(C) LIMITATION.—An order issued under 1
this subsection may not— 2
‘‘(i) prescribe any specific technical 3
measures to be used or other actions to be 4
taken by a service provider to comply with 5
such order; or 6
‘‘(ii) require a service provider to take 7
an action that would prevent a user of the 8
service provided by the service provider 9
from using a virtual private network. 10
‘‘(3) A
MENDING ORDER TO ADD ADDITIONAL 11
SERVICE PROVIDERS.— 12
‘‘(A) M
OTION.—At any time after the 13
issuance of an order under this subsection, the 14
petitioner may move to amend the order to 15
apply to one or more additional service pro-16
viders— 17
‘‘(i) over which the court has jurisdic-18
tion; and 19
‘‘(ii) that the petitioner has identified 20
through a reasonably diligent investigation 21
as providing a service with respect to the 22
foreign website or online service identified 23
in the petition, the petitioner provided no-24
tice of the infringing activity to— 25
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‘‘(I) the agent of service provider 1
designated pursuant to section 2
512(c)(2) to receive notifications of 3
claimed infringement; or 4
‘‘(II) if the service provider does 5
not have such an agent, in accordance 6
with Rule 4 of the Federal Rules of 7
Civil Procedure. 8
‘‘(B) C
ONTENTS OF MOTION .—The motion 9
to amend shall— 10
‘‘(i) explain why each service provider 11
named in the motion was not included in 12
the order initially; and 13
‘‘(ii) be served on each service pro-14
vider named in the motion. 15
‘‘(C) O
PPOSITION TO MOTION .—Any serv-16
ice provider served with a motion to amend 17
under subparagraph (B) may appear and op-18
pose the motion not later than 20 days after 19
the date on which such service provider was 20
served such motion. 21
‘‘(D) R
EVIEW OF MOTION .—The Court 22
may not amend the order to apply to an addi-23
tional service provider unless the court makes 24
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the determination described under paragraph 1
(2)(A) with respect to such service provider. 2
‘‘(E) E
XPIRATION OF ORDER .—The order 3
shall expire with respect to any additional serv-4
ice providers included in the order pursuant to 5
this paragraph on which the order expires for 6
the last service provider described under para-7
graph (2) is served pursuant to subsection 8
(b)(1). 9
‘‘(4) A
MENDING ORDER TO ADD ADDITIONAL 10
DOMAIN NAMES OR INTERNET PROTOCOL ADDRESS -11
ES.—Unless otherwise determined by a court when 12
granting the order, a court may, upon motion by the 13
petitioner, amend such order to include additional 14
domain names or internet protocol addresses if it de-15
termines that the foreign website or online service 16
that is the subject of the order— 17
‘‘(A) remains accessible or has been recon-18
stituted at a different domain name or internet 19
protocol address than those included in the peti-20
tion filed under subsection (a), rendering the 21
initial order ineffective; or 22
‘‘(B) has engaged in circumvention tech-23
niques that render the initial order ineffective. 24
‘‘(5) I
MPLEMENTATION OF THE ORDER .— 25
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‘‘(A) REVIEW.—In determining whether a 1
service provider has complied with an order 2
under this subsection, the court shall limit its 3
review to determining whether the measures 4
used, or actions taken or not taken by the serv-5
ice provider to implement such order were un-6
reasonable or taken in bad faith to avoid com-7
plying with the order. 8
‘‘(B) M
ODIFICATION.—If a service pro-9
vider, in the course of implementing an order 10
issued under this subsection, prevents a user of 11
the service provided by the service provider 12
from accessing a website or online service other 13
than the foreign website or online service identi-14
fied in the order, the operator of such other 15
website or online service may file a motion with 16
the court to modify the order so the user may 17
access the other website or online service. 18
‘‘(C) T
EMPORARY SUSPENSION OF IMPLE -19
MENTATION.—A service provider subject to an 20
order issued under this subsection shall not be 21
in violation of such order if the service tempo-22
rarily removes any measures put in place to 23
prevent access to a foreign website or online 24
service— 25
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‘‘(i) when reasonably necessary to cor-1
rect or investigate whether the implemen-2
tation of the order by the service provider 3
is preventing access to a website or online 4
service other than the foreign online 5
website or online service identified in the 6
order; or 7
‘‘(ii) to maintain the integrity or qual-8
ity of the network or operations of the 9
service provider. 10
‘‘(D) C
OST.—Upon a motion by a service 11
provider served with an order issued under sub-12
section (c) that includes a detailed list of rea-13
sonable marginal costs and expenses (except for 14
capital expenditures, costs and expenses in-15
curred with respect to infrastructure, and attor-16
ney fees) directly incurred by the service pro-17
vider to implement and comply with the order, 18
the court that issued such order may require 19
the petitioner to pay such costs and expenses. 20
‘‘(6) E
XTENSION OF ORDER.— 21
‘‘(A) I
N GENERAL.—At any time prior to 22
the expiration of an order not related to the 23
public performance of a live event issued under 24
this subsection, or any extension thereof, the 25
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petitioner may move to extend such order for 1
an additional period not exceeding 12 months. 2
‘‘(B) G
RANT.—The court shall grant the 3
motion under subparagraph (A) if the court 4
finds that during the period of such order— 5
‘‘(i) the operator of the foreign 6
website or online service has not ceased 7
transmitting such work that is the subject 8
of the motion; 9
‘‘(ii) the transmission of such work 10
likely infringes the exclusive of right of the 11
covered person under section 106 to repro-12
duce, distribute, publicly perform, or pub-13
licly display such work; and 14
‘‘(iii) the petitioner is likely to suffer 15
irreparable harm as a result of such in-16
fringement. 17
‘‘(7) T
RANSPARENCY OF ORDERS .— 18
‘‘(A) A
VAILABILITY THROUGH PUBLICLY 19
ACCESSIBLE WEBSITE .—With respect to an 20
order issued under this subsection by a court, 21
the court that issued such order shall make 22
available through a publicly accessible website 23
and without undue delay after the issuance of 24
the order (or any amendment to such order)— 25
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‘‘(i) the order; 1
‘‘(ii) the name of the petitioner; 2
‘‘(iii) each foreign website or online 3
service identified in the order, including 4
the domain names and internet protocol 5
addresses of each such website or online 6
service; 7
‘‘(iv) the date on which the order was 8
issued; 9
‘‘(v) the duration of the order, includ-10
ing the expiration date; and 11
‘‘(vi) a summary of the findings of the 12
court under subsection (a)(2) with respect 13
to the order. 14
‘‘(B) L
IMITATION.—If the court deter-15
mines that disclosure of certain information 16
would render the order ineffective, pose a sig-17
nificant risk to national security, personal safe-18
ty, or an ongoing law enforcement investigation, 19
the court may order that such information be 20
redacted from the publicly available documents. 21
‘‘(8) S
ERVICE PROVIDER IMMUNITY .— 22
‘‘(A) I
N GENERAL.—In the case that the 23
court that issues an order under this section de-24
termines in accordance with paragraph (5)(A) 25
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that a service provider that is in compliance 1
with such order, the service provider may not be 2
held liable for the following: 3
‘‘(i) Any injury alleged by a foreign 4
website or online service, or the users of 5
such website or online service, to have oc-6
curred as a result of measures or other ac-7
tions taken to implement such order with 8
respect to such website or online service. 9
‘‘(ii) Any injury alleged by a foreign 10
website or online service, or the users of 11
such website or online service, to have oc-12
curred as a result of measures or other ac-13
tions taken or not taken in good faith by 14
such service provider to implement such 15
order with respect to such website or on-16
line service based on information provided 17
to such service provider under this sub-18
section. 19
‘‘(iii) Any injury alleged by an oper-20
ator of a foreign website or online service 21
identified in the order resulting from ac-22
tions taken or not taken in good faith by 23
such service provider to implement such 24
order, regardless of any subsequent deter-25
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mination that such specific website or serv-1
ice was inaccurately identified in such 2
order and does not meet the criteria de-3
scribed in subsection (a)(2). 4
‘‘(iv) With respect to the foreign 5
website or online service that is the subject 6
of such order, a claim of copyright in-7
fringement against such service provider 8
initiated on or after the date of enactment 9
of FADPA by the copyright owner that ob-10
tained such order, to the extent such claim 11
is based on the role of such service pro-12
vider in providing access to such website or 13
online service before the date of the enact-14
ment of FADPA. 15
‘‘(B) I
NADMISSIBILITY.—The issuance of 16
an order under this subsection that identifies a 17
service provider, or a finding that a service pro-18
vider has complied with an order issued under 19
this subsection, may not be admitted into evi-20
dence to support an allegation that such service 21
provider has engaged in infringement of copy-22
right in any action brought by any party in 23
United States District Court. 24
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‘‘(C) RULE OF CONSTRUCTION .—Nothing 1
in this paragraph may be construed as limiting 2
the authority of the court to— 3
‘‘(i) determine whether a service pro-4
vider is in compliance with an order issued 5
pursuant to this subsection; or 6
‘‘(ii) to compel compliance with such 7
order. 8
‘‘(c) R
ELATIONSHIP TO SECTION512(A) IMMU-9
NITY.—A service provider identified in an order under this 10
section may not lose liability protection under section 11
512(a) on the basis of such identification. 12
‘‘(d) R
ULE OFCONSTRUCTION.—Except as explicitly 13
provided in this section, nothing in this section may be 14
construed as affecting the interpretation or application of 15
any provision of section 512; 16
‘‘(e) D
EFINITIONS.—In this section: 17
‘‘(1) C
OVERED PERSON .—The term ‘covered 18
person’ means a copyright owner or an exclusive li-19
censee of a copyright owner. 20
‘‘(2) B
ROADBAND PROVIDER .—The term 21
‘broadband provider’ means a provider of broadband 22
internet access service, as defined in section 8.1(b) 23
of title 47, Code of Federal Regulations (or any suc-24
cessor regulation)— 25
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‘‘(A) that provides such service to 100,000 1
or more subscribers; and 2
‘‘(B) is subject to or consents to the juris-3
diction of the court. 4
‘‘(3) F
OREIGN WEBSITE OR ONLINE SERVICE .— 5
The term ‘foreign website or online service’ means a 6
website or online service operated by a foreign per-7
son. 8
‘‘(4) F
OREIGN PERSON.—The term ‘foreign per-9
son’ means an individual— 10
‘‘(A) physically located outside of the 11
United States; or 12
‘‘(B) whose physical location cannot be de-13
termined to be within the United States. 14
‘‘(5) L
IVE EVENT.—The term ‘live event’ means 15
an event that is performed publicly (such as a con-16
cert, sporting event, or award show) 17
‘‘(6) P
UBLIC DOMAIN NAME RESOLUTION SERV -18
ICES.—The term ‘public domain name resolution 19
services’ means domain name resolution services 20
that are accessible to the general public. 21
‘‘(7) S
ERVICE PROVIDER.—The term ‘service 22
provider’— 23
‘‘(A) means— 24
‘‘(i) a broadband provider, and 25
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‘‘(ii) a provider of public domain 1
name resolution services that has an an-2
nual revenue of over $100 million; and 3
‘‘(B) does not include— 4
‘‘(i) service providers that provide do-5
main name system resolution functions or 6
services exclusively through encrypted 7
DNS protocols; or 8
‘‘(ii) service providers that exclusively 9
provide virtual private network (VPN) 10
services, or similar services that encrypt 11
and route user traffic through inter-12
mediary servers; or 13
‘‘(iii) an operator of a premises, such 14
as a coffee shop, bookstore, airline, private 15
end-user network, library, or university, 16
that acquires broadband internet access 17
service from a provider or entity described 18
under subparagraph (A) to enable patrons 19
of the premises to access broadband inter-20
net service from the premises. 21
‘‘(8) T
RANSMISSION OF A LIVE EVENT .—The 22
term ‘transmission of a live event’ means the digital 23
transmission of a live event— 24
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‘‘(A) simultaneously or nearly simulta-1
neously with the live occurrence or public per-2
formance of the event; and 3
‘‘(B) for a commercial purpose. 4
‘‘(i) ‘digital transmission’ includes, 5
but is not limited to, transmission by sat-6
ellite broadcasting. 7
‘‘(9) V
IRTUAL PRIVATE NETWORK .—The term 8
‘virtual private network’ means a service that estab-9
lishes an encrypted connection between a device and 10
a remote server that— 11
‘‘(A) routes the internet traffic of the user 12
of such device through the remote server; and 13
‘‘(B) masks the internet protocol address 14
of such user. 15
‘‘(10) W
EBSITE OR ONLINE SERVICE .—The 16
term ‘website or online service’ means a website or 17
uniquely identifiable online location that is— 18
‘‘(A) accessible to the public within the 19
United States; and 20
‘‘(B) identifiable by a single internet pro-21
tocol address, a domain name, or other similar 22
online identifier.’’. 23
(b) E
FFECTIVEDATE.—This Act, and the amend-24
ment made by subsection (a), shall take effect on the date 25
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that is six months after the date of the enactment of this 1
Act. 2
Æ
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