March 6, 2025
On January 28, 2025, the Foreign Anti-Digital Piracy Act (H.R. 791), known as FADPA, was introduced in the 119th U.S. Congress. Although not yet enacted, this proposed legislation aims to strengthen protections against foreign websites engaged in digital piracy, particularly benefiting U.S. content creators and early-stage businesses vulnerable to online infringement. Supporters of the bill—primarily content owners in industries such as film, television, music, software, and live-event organizers—argue that existing measures are insufficient to stop foreign-operated piracy platforms.
The FADPA introduces provisions allowing copyright owners and exclusive licensees to obtain expedited “blocking orders” from the U.S. District Courts to block access to infringing foreign websites. These proceedings can be accelerated for live-event piracy, with orders effective within as little as 48 hours to immediately prevent economic damage during real-time broadcasts like sports events, concerts, and awards ceremonies. Standard blocking orders would remain in effect for up to 12 months, subject to renewal.
Under H.R. 791, copyright holders seeking to enforce their rights against foreign websites initially must serve legal documents through traditional means as outlined by Federal Rule of Civil Procedure (FRCP) Rule 4. This rule typically requires formal service through established international procedures, such as those under the Hague Convention. All that is required is a showing of attempted service.
Importantly, the bill offers safeguards for domestic internet service providers (ISPs), granting flexibility in compliance and immunity from liability when implementing court-ordered blocking measures. ISPs would retain existing legal protections, provided they comply with court orders.
Clear procedural safeguards for foreign website operators targeted by blocking orders are also established by the bill. Respondents have 30 days from the date of service to file written submissions opposing or disputing the petition. After the respondent files an opposition, the petitioner has 14 days to reply. The court may then decide the matter based solely on these written submissions. Foreign respondents are not required to appear physically in U.S. courts and may participate remotely through written submissions. These procedural measures ensure timely responses and efficient resolution of disputes involving international parties.
For more information and updates on H.R. 791, business owners should monitor congressional developments at www.congress.gov. For Additional Information
Contact:
Robyn T. Williams
[email protected]
Devlin Law Firm
