VPNs dodge a bullet New US piracy bill targets ISPs but leaves VPNs alone
Date:
Wed, 30 Sep 2026 15:22:35 +0000
Description:
A new bicameral US piracy bill aims to crack down on foreign pirate sites,
but unlike earlier proposals, it explicitly spares VPN providers. Here is
what the DEFEND IP Act means for your digital privacy.
FULL STORY
Last week, privacy advocates raised alarms about a
US bill that could force virtual private networks to act as
piracy blocklists . Now, a newly introduced competing proposal has taken a decidedly different approach leaving VPN providers completely off
the hook.
Senator Thom Tillis and Representative Zoe Lofgren have jointly introduced
the DEFEND IP Act (Deterring Extraterritorial Foreign Exploitation of
Networks Damaging Intellectual Property). The bicameral bill merges two previous legislative drafts into a single proposal aimed at giving copyright holders the power to compel intermediaries to block foreign pirate sites. However, Representative Darrell Issa's competing American Copyright
Protection Act (ACPA) included VPNs in its scope. According to an analysis by TorrentFreak , the newly introduced DEFEND IP Act explicitly leaves them out.
How the DEFEND IP Act spares VPNs -- Under the DEFEND IP Act,
court-ordered blocking would apply to broadband providers with at
least 50,000 subscribers and public DNS resolvers generating over $100
million in annual revenue. This high financial threshold easily captures tech giants like Google and Cloudflare.
Yet, the proposed legislation specifically carves out an exemption for
virtual private network (VPN) tools. The bill's text excludes "an entity that exclusively provides virtual private network services or similar service
[sic] that encrypt and route user traffic through intermediary servers."
While the word "exclusively" leaves some room for interpretation when it
comes to cybersecurity companies that bundle their VPNs with other features like antivirus software, the legislative intent to shield core VPN operations is clear.
If passed, the DEFEND IP Act would establish a two-step legal process. First, a federal court must formally classify a website as a "foreign digital piracy site." To qualify, the platform must be primarily designed for copyright infringement or intentionally marketed as a piracy destination.
Once designated, rightsholders can return to a judge to request a formal blocking order. The court would then determine if the block is "technically feasible and effective." These blocking orders would remain valid for a year, can be renewed, and apply directly to live streaming events, meaning a rogue sports broadcasting site could be blocked before a match even starts.
Digital rights advocates push back -- Despite the explicit
VPN exemption, digital rights groups remain staunchly opposed to the broader concept of site-blocking. Public Knowledge, an advocacy group that also opposes the competing ACPA bill, has strongly criticized the DEFEND IP Act.
"For the second time in as many weeks, rightsholders have convinced Congress to build out an expansive infrastructure for censorship rather than go after the root of the problem: operators of overseas piracy websites," Public Knowledge wrote in response to the proposal.
The group also warned of the technical consequences of the bill's DNS scope, adding: "Let us repeat: Applying blocking orders to global DNS resolvers causes global blocks."
With the current congressional term ending in January, time is running out
for either proposal to become law. Both Representative Issa and Senator
Tillis are leaving Congress at the end of the term, meaning neither will be around to reintroduce their respective bills next year.
For now, however, privacy-conscious internet users can breathe a sigh of relief knowing that their VPNs are excluded from this latest legislative
push.
Link to news story:
https://www.techradar.com/vpn/vpn-privacy-security/vpns-dodge-a-bullet-new-us- piracy-bill-targets-isps-but-leaves-vpns-alone
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* Origin: capitolcityonline.net * KY, USA (1:2320/107)