The U.S. Senate has introduced the ‘Block BEARD’ bill, a bipartisan proposal sponsored by Senators Tillis, Coons, Blackburn, and Schiff, aimed at legally blocking foreign piracy websites. This bill allows rightsholders to petition federal courts to designate certain sites as ‘foreign digital piracy sites,’ enabling service providers to enforce blocking orders. The initiative seeks to amend U.S. copyright law to provide a new legal mechanism for combating online piracy. It requires rightsholders to demonstrate that the site is primarily for piracy, has limited commercial use, or is intentionally marketed to promote copyright infringement. Once designated, service providers can implement blocking measures, with the order remaining in place for a year and possibly being renewed.
The bill’s broad scope includes residential ISPs, search engines, and social media platforms, though it explicitly excludes smaller providers and public venues like universities and libraries. Unlike the earlier House bill ‘FADPA,’ Block BEARD does not specifically mention DNS resolvers, though its definition of ‘service provider’ could potentially encompass them. The proposal states that providers have the option to contest their inclusion in a blocking order. Once an order is issued, they would have the freedom to choose their own blocking techniques. There are no transparency requirements mentioned in the bill, so if and how the public is informed is unclear. The bill’s approach represents a significant step in the ongoing U.S. efforts to tackle online piracy through legislative means, balancing the interests of rightsholders and service providers. As the legislation moves through the Senate, it will face scrutiny over its potential impact on digital freedom and the responsibilities of internet service providers.