DEFEND IP Act Targets ISPs and DNS for Piracy Blocks but Exempts VPNs

The bill's name is the Deterring Extraterritorial Foreign Exploitation of Networks Damaging Intellectual Property Act. It merges two previous legislative drafts into a single proposal intended to give copyright holders the power to compel intermediaries to block foreign pirate sites.

The proposal differs from a competing bill from Representative Darrell Issa, the American Copyright Protection Act, which included VPNs in its scope. According to an analysis by TorrentFreak, the DEFEND IP Act explicitly leaves VPNs out. The distinction follows alarms raised last week by privacy advocates about a US bill that could force virtual private networks to act as piracy blocklists.

Under the DEFEND IP Act, court-ordered blocking would apply to broadband providers with at least 50,000 subscribers and public DNS resolvers generating more than $100 million in annual revenue. That threshold would capture large technology companies such as Google and Cloudflare.

The bill carves out an exemption for VPN tools. Its text excludes "an entity that exclusively provides virtual private network services or similar service [sic] that encrypt and route user traffic through intermediary servers." The word "exclusively" leaves room for interpretation for cybersecurity companies that bundle VPNs with other features such as antivirus software, but TechRadar said the legislative intent to shield core VPN operations is clear.

If passed, the bill would establish a two-step legal process. First, a federal court would have to formally classify a website as a "foreign digital piracy site." To qualify, the platform must be primarily designed for copyright infringement or intentionally marketed as a piracy destination. Once designated, rightsholders could return to a judge to request a formal blocking order. The court would then determine whether the block is "technically feasible and effective." Blocking orders would remain valid for a year and could be renewed. They would also apply directly to live streaming events, meaning a rogue sports broadcasting site could be blocked before a match starts.

Digital rights advocates remain opposed to the broader site-blocking concept despite the VPN exemption. Public Knowledge, which also opposes the competing American Copyright Protection Act, criticized the DEFEND IP Act. "For the second time in as many weeks, rightsholders have convinced Congress to build out an expansive infrastructure for censorship rather than go after the root of the problem: operators of overseas piracy websites," Public Knowledge wrote in response to the proposal. The group also warned about the bill's DNS scope, saying, "Let us repeat: Applying blocking orders to global DNS resolvers causes global blocks."

The current congressional term ends in January, leaving limited time for either proposal to become law. Both Representative Issa and Senator Tillis are leaving Congress at the end of the term, so neither will be in office to reintroduce their respective bills next year. For now, privacy-conscious internet users can take relief that VPNs are excluded from this latest legislative push.

Editor's Summary The DEFEND IP Act would create a two-step court process to block foreign piracy sites through broadband providers and large public DNS resolvers, but it explicitly exempts VPNs, unlike a competing bill. Digital rights groups oppose the site-blocking approach and warn that applying orders to global DNS resolvers would cause global blocks. The congressional term ends in January, and the two lawmakers behind the proposals are leaving Congress, making near-term passage uncertain.