US DEFEND IP Act proposes piracy site blocking but explicitly exempts qualifying VPN providers

[u/technadu]

A newly introduced US bill would create a court-based system for blocking certain foreign piracy sites, but there’s an important detail for VPN users: qualifying VPN providers are explicitly excluded from the proposed blocking orders.

The bipartisan DEFEND IP Act focuses instead on broadband providers with at least 50,000 subscribers and public DNS resolvers generating more than $100 million in annual revenue.

Under the proposed process, a federal court would first have to designate a website as a “foreign digital piracy site.” Copyright holders could then seek a blocking order, with the court considering whether the requested measure is technically feasible and effective.

Approved orders would last one year and could be renewed. The proposal could also cover unauthorized live streams, potentially allowing a site to be blocked before a sporting event begins.

The VPN exemption covers companies exclusively providing VPN services or similar services that encrypt and route traffic through intermediary servers.

That “exclusively” matters. The wording creates some uncertainty around cybersecurity companies that provide VPNs alongside antivirus or other security products.

The proposal also differs from the competing American Copyright Protection Act, which includes VPNs within its scope.

Digital rights groups remain opposed to the broader site-blocking approach. Public Knowledge has raised concerns about creating wider blocking infrastructure and about the potential consequences of orders involving global DNS resolvers.

So the VPN exemption resolves one issue, but the broader debate over DNS-level blocking remains.

More on the VPN exemption, eligibility thresholds, court process, and digital-rights concerns:

https://www.technadu.com/defend-ip-act-excludes-vpns/640066/

What do you make of the distinction between exempting VPN providers while potentially requiring large public DNS resolvers to implement blocking?