The DEFEND IP Act Threatens Internet Infrastructure
The “DEFEND IP Act,” introduced in the latest Congress as a site-blocking measure targeting foreign exploitation of networks, risks building a systematic censorship architecture into the internet.
A Decade of Flawed Site-Blocking Proposals
Congressional attempts to pass site-blocking legislation stretch back more than a decade. Lawmakers introduced SOPA and PIPA in 2012, followed this year by proposals like Block BEARD, FADPA, and ACPA. Each of these bills relies on the core premise that enforcing copyrights requires building website-blocking mechanisms directly into internet infrastructure.
Every proposal brings identical flaws. There is no method for blocking an entire website that avoids collateral damage to free speech and deliberate abuse by bad actors.
Deputizing Service Providers as Copyright Enforcers
Under the DEFEND IP Act, any service provider becomes a copyright enforcer the moment a rightsholder accuses a website of infringement. This framework marks a major shift from standard copyright enforcement. Existing mechanisms like the Digital Millennium Copyright Act focus on removing specific infringing works or securing damages from uploaders or site operators. DEFEND IP instead targets entire domains, making every page hosted on a site inaccessible to all visitors.
Rightsholders can petition a court for an order requiring service providers to block access to an entire website based on allegations of copyright infringement. The proposed legislation lacks any deterrent against bad-faith actors who seek to silence protected speech. The framework includes no punishments for erroneously blocking a website, nor does it provide meaningful remedies for site owners whose content disappears from the web.
The Heavy Burden of Challenging Censorship
Existing copyright regimes already create significant challenges for creators. Automated copyright filters on platforms like YouTube frequently flag seconds of audio, preventing legitimate works from reaching audiences. While current systems offer some avenue for challenge, the DEFEND IP Act offers none.
Site owners, users, and readers subjected to a blocking order under the bill must hire a lawyer and navigate the court system to challenge the action. That process is slow, expensive, and daunting.
Reshaping the Web Through Expanded Infrastructure
Under this legal structure, a broad class of individuals engaging in protected speech will face deplatforming due to the actions of others. Critics argue that the legislation functions less as a defense of creativity and more as a mechanism to reshape the internet through expanded censorship infrastructure.
