I 
119TH CONGRESS 
1ST SESSION 
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 
JANUARY 28, 2025 
Ms. LOFGREN introduced 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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Foreign Anti-Digital 
Piracy Act or ‘FADPA.’ ’’ 
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SEC. 2. BLOCKING ORDERS RELATING TO SPECIFICALLY 
IDENTIFIED INFRINGING FOREIGN WEBSITES 
OR ONLINE SERVICES. 
(a) IN GENERAL.—Chapter 5 of title 17, United 
States Code, is amended by inserting after section 502 the 
following: 
‘‘§ 502A. Blocking orders relating to specifically iden-
tified infringing foreign websites or on-
line services 
‘‘(a) PRELIMINARY ORDER.— 
‘‘(1) PETITION.—A covered person may file a 
petition in a United States District Court for the 
issuance of a preliminary order declaring that— 
‘‘(A) with respect to the transmission of 
work protected under section 106 through a 
foreign website or online service— 
‘‘(i) the transmission of such work 
likely infringes the exclusive right of the 
covered person under section 106 to repro-
duce, distribute, publicly perform, or pub-
licly display such work; and 
‘‘(ii) the covered person is likely to 
suffer irreparable harm as a result of such 
infringement; or 
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‘‘(B) with respect to the imminent trans-
mission of a live event on or through a foreign 
website or online service— 
‘‘(i) the transmission will likely in-
fringe the exclusive right of the covered 
person under section 106 to reproduce, dis-
tribute, publicly perform, or publicly dis-
play such work; and 
‘‘(ii) the covered person will likely suf-
fer irreparable harm as a result of such in-
fringement. 
‘‘(2) ISSUANCE.—The court shall issue the 
order described in paragraph (1) if the court finds 
the following: 
‘‘(A) The petitioner includes in the peti-
tion, the internet protocol address, a domain 
name, or other similar online identifier of the 
foreign website or online service identified in 
the petition. 
‘‘(B) The petitioner attempted to serve the 
operator of the foreign website or online service 
identified in the petition with notice of the ac-
tion and the petition in accordance with Rule 4 
of the Federal Rules of Civil Procedure. 
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title, including to protect economic inter-
ests derived from such rights. 
‘‘(3) 
NON-ISSUANCE
OF
PRELIMINARY 
ORDER.—A court may not issue the order described 
under paragraph (1) if the court finds that— 
‘‘(A) the infringement of the petitioner’s 
exclusive right by the foreign website or online 
service has ceased entirely; and 
‘‘(B) there is not a reasonable possibility 
that such infringing activity will resume. 
‘‘(4) CONTESTING THE PRELIMINARY ORDER.— 
Not later than 30 days after a petition described 
under paragraph (1) is filed, the operator of the for-
eign website or online service identified in such peti-
tion may appear and contest the issuance of the 
order concerned. 
‘‘(5) APPOINTMENT
OF
MASTER
TO
ASSIST 
COURT.— 
‘‘(A) APPOINTMENT.—If the operator of a 
foreign website or online service identified in a 
petition filed under paragraph (1) does not ap-
pear and contest the issuance of the preliminary 
order pursuant to paragraph (4), the Court 
may, in its discretion, appoint a master pursu-
ant to Rule 53 of the Federal Rules of Civil 
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Procedure to assist in determining whether the 
criteria in paragraph (2) have been satisfied for 
the purpose of issuing such order. 
‘‘(B) AUTHORITIES.—The master may 
gather and review publicly available information 
relating to whether the criteria in paragraph 
(2) have been satisfied. 
‘‘(C) NO EFFECT ON PROCEEDINGS.—The 
appointment of a master shall not unduly delay 
the proceedings or impose excessive costs on the 
court or the petitioner. 
‘‘(6) TIME FOR ISSUING PETITION.—The court 
shall determine whether to issue an order on the 
basis of a petition filed under paragraph (1), or deny 
such order— 
‘‘(A) following the timely filing of an oppo-
sition and a 14-day period for reply; 
‘‘(B) after the period for filing an opposi-
tion has expired; or 
‘‘(C) in the case that the petitioner is al-
leging that irreparable harm will likely occur as 
a result of the imminent transmission of a live 
event or ongoing unauthorized transmission of 
a live event is occurring, on an expedited basis 
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that effectively addresses the imminent or con-
tinuing harm identified in the petition. 
‘‘(7) IMMINENT
TRANSMISSION
OF
A
LIVE 
EVENT.—In the case that the petitioner is alleging 
that irreparable harm will likely occur as a result of 
the imminent transmission of a live event by a for-
eign website or online service or ongoing unauthor-
ized transmission of a live event is occurring by a 
foreign website or online service, the court may issue 
an order under this subsection on an exparte basis 
with respect the transmission. 
‘‘(b) BLOCKING ORDERS TO PREVENT ACCESS TO 
FOREIGN WEBSITE OR ONLINE SERVICE.— 
‘‘(1) IN GENERAL.— 
‘‘(A) MOTION.—At any time after a court 
has issued an order pursuant to subsection (a), 
the petitioner may move for an order directing 
each service provider that received notice of the 
order under subsection (a) to take reasonable 
and technically feasible measures to prevent 
users of the service provided by the service pro-
vider from accessing the foreign website or on-
line service identified in the order. 
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‘‘(B) NOTICE.—The petitioner shall serve 
both the applicable order and motion on each 
such service provider. 
‘‘(C) OTHER COURTS.—If the court that 
issues the order pursuant to subsection (a) does 
not have jurisdiction over a service provider, the 
petitioner may institute a miscellaneous action 
and file the motion described under subpara-
graph (A) with any court of the United States 
that has jurisdiction over such service provider. 
‘‘(2) ISSUANCE OF ORDER.— 
‘‘(A) COURT
DETERMINATION
BEFORE 
GRANTING ORDER.—The court may not issue 
an order under paragraph (1) unless the court 
determines that implementation of the order 
will not— 
‘‘(i) interfere with user access to non- 
infringing material on another website or 
online service; 
‘‘(ii) significantly burden the service 
provider, including the operation of the 
system or network of the service provider; 
or 
‘‘(iii) disserve the public interest. 
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‘‘(B) 
TERMS
AND
CONDITIONS
OF 
ORDER.—Any order under subsection (b)(1) 
shall— 
‘‘(i) require the service provider to 
comply with the order— 
‘‘(I) with respect to an order that 
does not relate to the imminent public 
performance of a live event— 
‘‘(aa) not later than 15 days 
after the order is issued; or 
‘‘(bb) not later than 20 days 
after the order is issued if the 
court finds good cause has been 
shown for such an extension; and 
‘‘(II) with respect to an order 
that relates to the imminent public 
performance of a live event, by a date 
after the order is issued— 
‘‘(aa) that takes into ac-
count— 
‘‘(AA) 
the 
imminent 
nature of the infringement; 
‘‘(BB) the capabilities 
of the service provider; and 
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‘‘(C) LIMITATION.—An order issued under 
this subsection may not— 
‘‘(i) prescribe any specific technical 
measures to be used or other actions to be 
taken by a service provider to comply with 
such order; or 
‘‘(ii) require a service provider to take 
an action that would prevent a user of the 
service provided by the service provider 
from using a virtual private network. 
‘‘(3) AMENDING ORDER TO ADD ADDITIONAL 
SERVICE PROVIDERS.— 
‘‘(A) MOTION.—At any time after the 
issuance of an order under this subsection, the 
petitioner may move to amend the order to 
apply to one or more additional service pro-
viders— 
‘‘(i) over which the court has jurisdic-
tion; and 
‘‘(ii) that the petitioner has identified 
through a reasonably diligent investigation 
as providing a service with respect to the 
foreign website or online service identified 
in the petition, the petitioner provided no-
tice of the infringing activity to— 
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‘‘(I) the agent of service provider 
designated 
pursuant 
to 
section 
512(c)(2) to receive notifications of 
claimed infringement; or 
‘‘(II) if the service provider does 
not have such an agent, in accordance 
with Rule 4 of the Federal Rules of 
Civil Procedure. 
‘‘(B) CONTENTS OF MOTION.—The motion 
to amend shall— 
‘‘(i) explain why each service provider 
named in the motion was not included in 
the order initially; and 
‘‘(ii) be served on each service pro-
vider named in the motion. 
‘‘(C) OPPOSITION TO MOTION.—Any serv-
ice provider served with a motion to amend 
under subparagraph (B) may appear and op-
pose the motion not later than 20 days after 
the date on which such service provider was 
served such motion. 
‘‘(D) REVIEW
OF
MOTION.—The Court 
may not amend the order to apply to an addi-
tional service provider unless the court makes 
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the determination described under paragraph 
(2)(A) with respect to such service provider. 
‘‘(E) EXPIRATION OF ORDER.—The order 
shall expire with respect to any additional serv-
ice providers included in the order pursuant to 
this paragraph on which the order expires for 
the last service provider described under para-
graph (2) is served pursuant to subsection 
(b)(1). 
‘‘(4) AMENDING ORDER TO ADD ADDITIONAL 
DOMAIN NAMES OR INTERNET PROTOCOL ADDRESS-
ES.—Unless otherwise determined by a court when 
granting the order, a court may, upon motion by the 
petitioner, amend such order to include additional 
domain names or internet protocol addresses if it de-
termines that the foreign website or online service 
that is the subject of the order— 
‘‘(A) remains accessible or has been recon-
stituted at a different domain name or internet 
protocol address than those included in the peti-
tion filed under subsection (a), rendering the 
initial order ineffective; or 
‘‘(B) has engaged in circumvention tech-
niques that render the initial order ineffective. 
‘‘(5) IMPLEMENTATION OF THE ORDER.— 
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‘‘(A) REVIEW.—In determining whether a 
service provider has complied with an order 
under this subsection, the court shall limit its 
review to determining whether the measures 
used, or actions taken or not taken by the serv-
ice provider to implement such order were un-
reasonable or taken in bad faith to avoid com-
plying with the order. 
‘‘(B) MODIFICATION.—If a service pro-
vider, in the course of implementing an order 
issued under this subsection, prevents a user of 
the service provided by the service provider 
from accessing a website or online service other 
than the foreign website or online service identi-
fied in the order, the operator of such other 
website or online service may file a motion with 
the court to modify the order so the user may 
access the other website or online service. 
‘‘(C) TEMPORARY SUSPENSION OF IMPLE-
MENTATION.—A service provider subject to an 
order issued under this subsection shall not be 
in violation of such order if the service tempo-
rarily removes any measures put in place to 
prevent access to a foreign website or online 
service— 
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‘‘(i) when reasonably necessary to cor-
rect or investigate whether the implemen-
tation of the order by the service provider 
is preventing access to a website or online 
service other than the foreign online 
website or online service identified in the 
order; or 
‘‘(ii) to maintain the integrity or qual-
ity of the network or operations of the 
service provider. 
‘‘(D) COST.—Upon a motion by a service 
provider served with an order issued under sub-
section (c) that includes a detailed list of rea-
sonable marginal costs and expenses (except for 
capital expenditures, costs and expenses in-
curred with respect to infrastructure, and attor-
ney fees) directly incurred by the service pro-
vider to implement and comply with the order, 
the court that issued such order may require 
the petitioner to pay such costs and expenses. 
‘‘(6) EXTENSION OF ORDER.— 
‘‘(A) IN GENERAL.—At any time prior to 
the expiration of an order not related to the 
public performance of a live event issued under 
this subsection, or any extension thereof, the 
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petitioner may move to extend such order for 
an additional period not exceeding 12 months. 
‘‘(B) GRANT.—The court shall grant the 
motion under subparagraph (A) if the court 
finds that during the period of such order— 
‘‘(i) the operator of the foreign 
website or online service has not ceased 
transmitting such work that is the subject 
of the motion; 
‘‘(ii) the transmission of such work 
likely infringes the exclusive of right of the 
covered person under section 106 to repro-
duce, distribute, publicly perform, or pub-
licly display such work; and 
‘‘(iii) the petitioner is likely to suffer 
irreparable harm as a result of such in-
fringement. 
‘‘(7) TRANSPARENCY OF ORDERS.— 
‘‘(A) AVAILABILITY
THROUGH
PUBLICLY 
ACCESSIBLE
WEBSITE.—With respect to an 
order issued under this subsection by a court, 
the court that issued such order shall make 
available through a publicly accessible website 
and without undue delay after the issuance of 
the order (or any amendment to such order)— 
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‘‘(i) the order; 
‘‘(ii) the name of the petitioner; 
‘‘(iii) each foreign website or online 
service identified in the order, including 
the domain names and internet protocol 
addresses of each such website or online 
service; 
‘‘(iv) the date on which the order was 
issued; 
‘‘(v) the duration of the order, includ-
ing the expiration date; and 
‘‘(vi) a summary of the findings of the 
court under subsection (a)(2) with respect 
to the order. 
‘‘(B) LIMITATION.—If the court deter-
mines that disclosure of certain information 
would render the order ineffective, pose a sig-
nificant risk to national security, personal safe-
ty, or an ongoing law enforcement investigation, 
the court may order that such information be 
redacted from the publicly available documents. 
‘‘(8) SERVICE PROVIDER IMMUNITY.— 
‘‘(A) IN GENERAL.—In the case that the 
court that issues an order under this section de-
termines in accordance with paragraph (5)(A) 
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that a service provider that is in compliance 
with such order, the service provider may not be 
held liable for the following: 
‘‘(i) Any injury alleged by a foreign 
website or online service, or the users of 
such website or online service, to have oc-
curred as a result of measures or other ac-
tions taken to implement such order with 
respect to such website or online service. 
‘‘(ii) Any injury alleged by a foreign 
website or online service, or the users of 
such website or online service, to have oc-
curred as a result of measures or other ac-
tions taken or not taken in good faith by 
such service provider to implement such 
order with respect to such website or on-
line service based on information provided 
to such service provider under this sub-
section. 
‘‘(iii) Any injury alleged by an oper-
ator of a foreign website or online service 
identified in the order resulting from ac-
tions taken or not taken in good faith by 
such service provider to implement such 
order, regardless of any subsequent deter-
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mination that such specific website or serv-
ice was inaccurately identified in such 
order and does not meet the criteria de-
scribed in subsection (a)(2). 
‘‘(iv) With respect to the foreign 
website or online service that is the subject 
of such order, a claim of copyright in-
fringement against such service provider 
initiated on or after the date of enactment 
of FADPA by the copyright owner that ob-
tained such order, to the extent such claim 
is based on the role of such service pro-
vider in providing access to such website or 
online service before the date of the enact-
ment of FADPA. 
‘‘(B) INADMISSIBILITY.—The issuance of 
an order under this subsection that identifies a 
service provider, or a finding that a service pro-
vider has complied with an order issued under 
this subsection, may not be admitted into evi-
dence to support an allegation that such service 
provider has engaged in infringement of copy-
right in any action brought by any party in 
United States District Court. 
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‘‘(C) RULE OF CONSTRUCTION.—Nothing 
in this paragraph may be construed as limiting 
the authority of the court to— 
‘‘(i) determine whether a service pro-
vider is in compliance with an order issued 
pursuant to this subsection; or 
‘‘(ii) to compel compliance with such 
order. 
‘‘(c) RELATIONSHIP
TO SECTION 512(A) IMMU-
NITY.—A service provider identified in an order under this 
section may not lose liability protection under section 
512(a) on the basis of such identification. 
‘‘(d) RULE OF CONSTRUCTION.—Except as explicitly 
provided in this section, nothing in this section may be 
construed as affecting the interpretation or application of 
any provision of section 512; 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) COVERED
PERSON.—The term ‘covered 
person’ means a copyright owner or an exclusive li-
censee of a copyright owner. 
‘‘(2) 
BROADBAND
PROVIDER.—The 
term 
‘broadband provider’ means a provider of broadband 
internet access service, as defined in section 8.1(b) 
of title 47, Code of Federal Regulations (or any suc-
cessor regulation)— 
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‘‘(A) that provides such service to 100,000 
or more subscribers; and 
‘‘(B) is subject to or consents to the juris-
diction of the court. 
‘‘(3) FOREIGN WEBSITE OR ONLINE SERVICE.— 
The term ‘foreign website or online service’ means a 
website or online service operated by a foreign per-
son. 
‘‘(4) FOREIGN PERSON.—The term ‘foreign per-
son’ means an individual— 
‘‘(A) physically located outside of the 
United States; or 
‘‘(B) whose physical location cannot be de-
termined to be within the United States. 
‘‘(5) LIVE EVENT.—The term ‘live event’ means 
an event that is performed publicly (such as a con-
cert, sporting event, or award show) 
‘‘(6) PUBLIC DOMAIN NAME RESOLUTION SERV-
ICES.—The term ‘public domain name resolution 
services’ means domain name resolution services 
that are accessible to the general public. 
‘‘(7) SERVICE
PROVIDER.—The term ‘service 
provider’— 
‘‘(A) means— 
‘‘(i) a broadband provider, and 
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‘‘(ii) a provider of public domain 
name resolution services that has an an-
nual revenue of over $100 million; and 
‘‘(B) does not include— 
‘‘(i) service providers that provide do-
main name system resolution functions or 
services 
exclusively 
through 
encrypted 
DNS protocols; or 
‘‘(ii) service providers that exclusively 
provide virtual private network (VPN) 
services, or similar services that encrypt 
and route user traffic through inter-
mediary servers; or 
‘‘(iii) an operator of a premises, such 
as a coffee shop, bookstore, airline, private 
end-user network, library, or university, 
that acquires broadband internet access 
service from a provider or entity described 
under subparagraph (A) to enable patrons 
of the premises to access broadband inter-
net service from the premises. 
‘‘(8) TRANSMISSION OF A LIVE EVENT.—The 
term ‘transmission of a live event’ means the digital 
transmission of a live event— 
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‘‘(A) simultaneously or nearly simulta-
neously with the live occurrence or public per-
formance of the event; and 
‘‘(B) for a commercial purpose. 
‘‘(i) ‘digital transmission’ includes, 
but is not limited to, transmission by sat-
ellite broadcasting. 
‘‘(9) VIRTUAL PRIVATE NETWORK.—The term 
‘virtual private network’ means a service that estab-
lishes an encrypted connection between a device and 
a remote server that— 
‘‘(A) routes the internet traffic of the user 
of such device through the remote server; and 
‘‘(B) masks the internet protocol address 
of such user. 
‘‘(10) WEBSITE
OR
ONLINE
SERVICE.—The 
term ‘website or online service’ means a website or 
uniquely identifiable online location that is— 
‘‘(A) accessible to the public within the 
United States; and 
‘‘(B) identifiable by a single internet pro-
tocol address, a domain name, or other similar 
online identifier.’’. 
(b) EFFECTIVE DATE.—This Act, and the amend-
ment made by subsection (a), shall take effect on the date 
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that is six months after the date of the enactment of this 
Act. 
Æ 
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