Efforts to introduce pirate site blocking to the United States continue with the introduction of the "Block BEARD" bill in the Senate. The bipartisan proposal, backed by Senators Tillis, Coons, Blackburn, and Schiff, aims to create a new legal mechanism to combat foreign piracy websites. Block BEARD is similar to the previously introduced House bill "FADPA", but doesn't directly mention DNS resolvers.
After a decade of focusing efforts overseas, the push for website blocking has landed back on American shores.
Earlier this year, U.S. Rep. Zoe Lofgren introduced a new pirate site blocking bill, titled the Foreign Anti-Digital Piracy Act (FADPA).
This week, a similar proposal was introduced by Senators Tillis, Coons, Blackburn, and Schiff. The bipartisan bill, titled Block Bad Electronic Art and Recording Distributors (Block BEARD), aims to introduce a legal mechanism for rightsholders to request site blocking orders.
Block BEARD
The site-blocking proposal seeks to amend U.S. copyright law, enabling rightsholders to request federal courts to designate online locations as a “foreign digital piracy site”. If that succeeds, courts can subsequently order U.S. service providers to block access to these sites.
The Block-BEARD bill
Pirate site designation would be dependent on rightsholders showing that they are harmed by a site’s activities, that reasonable efforts had been made to notify the site’s operator, and that a reasonable investigation confirms the operator is not located within the United States.
Additionally, rightsholders must show that the site is primarily designed for piracy, has limited commercial purpose, or is intentionally marketed by its operator to promote copyright-infringing activities.
If the court classifies a website as a foreign pirate site, rightsholders can go back to court to request a blocking order. At this stage, the court will determine whether it is technically and practically feasible for ISPs to block the site, and consider any potential harm to the public interest.
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