Courts could limit U.S. access to foreign piracy sites

A copyright owner or exclusive licensee could ask a U.S. district court to designate a foreign site as a piracy site. The site must be public and operated outside the United States, or its location must not be determinable as inside the United States. The petitioner must own or exclusively license the affected copyright. The court must find likely infringement and likely irreparable harm, and the petitioner must make a reasonable effort to notify the site operator. The petitioner must also show that the site is mainly designed or provided for infringement, has no significant other use, or is intentionally marketed to promote infringement. The operator generally has 20 days after the petition is filed to contest it, though the court may act earlier without the operator present. A designation expires after 360 days if no follow-up order is sought, or when all follow-up orders expire.

After designating a site, a court could order certain internet providers to take reasonable steps to block U.S. users from accessing it. Covered providers are broadband companies with at least 50,000 subscribers and public domain-name lookup services with annual revenue over $100 million. The text excludes encrypted-DNS-only services, VPN services, and businesses that buy broadband to provide customer internet access. The court must weigh likely harm, effects on providers and lawful sites, technical feasibility, the public interest, and whether a less burdensome effective option exists. A provider may contest its inclusion. The court cannot dictate specific technical steps, and may order the petitioner to repay reasonable direct costs, with listed costs excluded. This section would take effect 180 days after enactment. Providers must begin as soon as practicable after receiving notice. An order lasts one year and may be extended for up to one year at a time.

Providers covered by an order would have immunity from certain claims for good-faith steps, or good-faith failures to act, when carrying it out or relying on information in it. These protections apply to providers covered by a court order. The bill also lets an operator of a different, blocked site ask the court to restore access. Providers may temporarily pause compliance when reasonably needed to protect access to lawful sites, maintain or upgrade their network, or address security threats. A court may review provider compliance. An operator of another site blocked by the order may ask the court to change or cancel it; providers also receive immunity from claims by the named site over injury, even if the site was incorrectly identified or did not qualify. The court must send the order to the petitioner and each covered provider. The Copyright Office must publish notices of orders, changes, and cancellations online.