New U.S. site blocking bill targets VPNs: what creators need to know

In a recent development, the U.S. has introduced a site blocking bill that could affect how creators protect their content online. The American Copyright Protection Act, proposed by Rep. Darrell Issa, now includes virtual private networks (VPNs) as intermediaries required to block access to piracy websites. This change expands the scope of the bill beyond internet service providers (ISPs) and domain name system (DNS) resolvers, a move that aligns with similar European regulations. For more details, you can read the full report on TorrentFreak.

The inclusion of VPNs in this bill is significant because VPNs are often used to bypass geographic restrictions and access content anonymously. By requiring VPN providers to block access to designated piracy sites, the bill aims to tighten the net around illegal content distribution. This article will explore what this means for content creators, how it might impact your work, and what proactive steps you can take to safeguard your content.

What actually happened

The American Copyright Protection Act, introduced by Rep. Darrell Issa, aims to curb online piracy by expanding the entities responsible for blocking access to piracy websites. The bill allows copyright holders to request a federal court to declare a site as a 'foreign piracy site'. Once this declaration is made, service providers, including ISPs, DNS resolvers, and now VPNs, are required to block access to these sites. Notably, smaller services with fewer than 100,000 monthly users in the U.S. are exempt from this requirement.

This expansion to include VPNs is a significant shift. VPNs, which often serve as a tool for privacy and security, are now part of the enforcement mechanism against piracy. The bill mandates that VPN providers take "commercially reasonable steps" to prevent access to piracy sites from the United States. This could involve blocking sites on U.S. servers or for users connecting from U.S. IP addresses. However, the bill does not specify the exact method of blocking, leaving it to the providers to decide. VPN providers can contest their inclusion in a blocking order, but the court will weigh factors like the technical feasibility and efficacy of the blocking measures.

The bill also introduces a mechanism for expedited blocking, particularly for time-sensitive events like live sports. This means that in certain scenarios, blocking orders can be implemented faster than the standard 14 to 30 days. This aspect of the bill underscores the urgency with which some content is protected, reflecting the high stakes involved in live broadcasting.

Why this matters for creators

For content creators, this bill represents a significant shift in the landscape of online content protection. By involving VPNs, the bill attempts to close a loophole that has allowed users to access pirated content anonymously. This could mean a reduction in piracy and unauthorized distribution of your content, potentially leading to better control over your intellectual property and revenue streams.

However, this also means that creators need to be more vigilant about how their content is distributed and accessed. As VPNs are a popular tool for bypassing geographic restrictions, their inclusion in the site blocking process could affect how your content is accessed legally by international audiences. It's important to understand how these changes might impact your audience and revenue, especially if you rely on global distribution.

The bill's focus on larger VPN providers means that while some smaller services might not be directly affected, the overall landscape of how content is accessed through VPNs could change. This could influence how creators strategize their content distribution and marketing efforts, especially if a significant portion of their audience uses VPNs for legitimate purposes.

What you can do about it

1. Monitor your content's distribution: Regularly check where and how your content is being accessed online. Use tools and services that track unauthorized use of your content. This will help you identify potential piracy issues early. Consider setting up alerts for when your content appears on sites known for hosting pirated material.

2. Understand VPN policies: Familiarize yourself with the terms and policies of major VPN providers. Knowing how they plan to implement blocking measures can help you anticipate changes in how your content is accessed globally. Some VPNs may choose to block sites only on their U.S. servers, while others might block access based on the user's IP address, regardless of server location.

3. Engage with your audience: Communicate with your audience about how they can access your content legally. This might involve providing information on legitimate platforms or clarifying any changes in availability due to new regulations. Transparency with your audience can help maintain trust and encourage legal consumption of your work.

4. Use digital rights management (DRM) tools: Implement DRM solutions to add an extra layer of protection to your content. These tools can help prevent unauthorized copying and distribution, even if users attempt to bypass restrictions using VPNs. DRM can be particularly effective for digital media, offering a way to control how your content is used after purchase.

5. Stay informed about legal changes: Keep up with legislative developments that could impact your content distribution. Understanding the legal landscape will help you adapt your strategies and ensure compliance with new regulations. Subscribe to industry newsletters or join creator forums where such topics are discussed.

6. Consider professional help: If managing these issues feels overwhelming, consider hiring a professional service that specializes in content protection and takedown notices. They can handle the complexities of monitoring and enforcing your rights. These services often have established relationships with platforms and can expedite the removal of infringing content.

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