The DEFEND IP Act would let copyright owners and exclusive licensees ask a federal court to designate certain foreign online locations as digital piracy sites. To qualify, a site must meet legal tests, including likely copyright violations and a primary purpose or use tied to those violations. The site operator may contest the petition. If a court issues a designation, the petitioner may ask it to order certain internet and public domain-name service providers to take reasonable steps to prevent users in the United States from accessing the site. These orders generally last one year and may be extended.
If a court issues an access-prevention order, users in the United States may be unable to reach the designated site through a covered service provider. Providers may tell subscribers that access was denied under a court order. The bill gives site operators and service providers a chance to contest certain parts of the process. It does not cover some services, including providers that exclusively offer encrypted DNS or VPN services.
The bill does not state a total cost or provide a cost estimate. A service provider may ask the court to require the petitioner to pay reasonable, direct costs of complying with an order. The request cannot include capital, infrastructure, overhead, or legal costs.
No publicly available information.
No publicly available information.