H.R. 791, the Foreign Anti-Digital Piracy Act (FADPA), was introduced on January 28, to prevent foreign-run piracy sites from exploiting loopholes in existing law.
Ranking Member of the House Science, Space, and Technology Committee and senior member of the House Subcommittee on Courts, Intellectual Property, Artificial Intelligence and the Internet – U.S. Congresswoman Zoe Lofgren (D-California) – introduced the bill.
If passed, FADPA would amend Section 502, Chapter 5 of title 17, United States Code.
Features of the Foreign Anti-Digital Piracy Act include:
- 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. ISPs, DNS providers, and other intermediaries are shielded from lawsuits as long as they comply in good faith with court-ordered blocking measures.
Blocking is effective
Over the past decade, more than 60 countries have enacted site-blocking laws that require internet providers to disable access to pirate websites. These policies have been effective. In the United Kingdom, Portugal, and Australia, when piracy sites were blocked, traffic to those sites decreased substantially, by 89, 70 and 69 percent respectively, according to a 2024 study released by the Digital Citizens Alliance.
A risk of getting mired in process
Because the law calls for suspected cases to be heard in court and because cases must be evaluated to ensure that they are from non-US sources, cases could become mired in process and not be resolved quickly. Modern detection techniques and efficient avenues and processes for communication could help minimize delays.
Further reading
The Foreign Anti-Digital Piracy Act protects U.S. workers, consumers and content creators from illegal foreign websites. Press release. January 29, 2025. US Congressperson Zoe Lofgren, US House of Representatives
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. Bill before US Congress. Introduced January 28, 2025. US House of Representatives
Digital Citizens Alliance: Piracy site blocking is effective, examples can guide US policy. Article. September 29, 2024. by Steven Hawley. Piracy Monitor
Why it matters
Past U.S. efforts to curb piracy failed because they lacked due process, threatened free speech, and provided overly-broad enforcement powers that risked harming legitimate websites and the open internet. The Foreign Anti-Digital Piracy Act takes a better approach.
Digital piracy is a massive and growing threat. By 2022, global visits to movie and TV piracy sites had reached 191.8 billion, costing the U.S. economy $29.2 billion annually and threatening more than 230,000 American jobs in entertainment, technology, and small businesses, according to research by the Motion Picture Association. Today, some of these illegal foreign online pirate sites are bigger than some of the biggest law-abiding U.S. streaming services. Live sports are also a prime target, with piracy draining $28 billion annually from the global sports industry.
