INFRA Signal 441
Unified U.S. Site Blocking Bill Targets ISPs and DNS Resolvers But Spares VPNs
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Senator Thom Tillis and Rep. Zoe Lofgren introduced the DEFEND IP Act, merging prior proposals to allow court orders targeting ISPs and large DNS resolvers while explicitly exempting VPN services.
Engineers must adjust network filtering strategies to comply with new blocking obligations for ISPs and DNS resolvers while recognizing that VPN providers are not directly subject to the orders. The bill introduces a formal designation process for piracy sites and a one-year renewable blocking mechanism that could affect how traffic is routed and logged.
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The bill defines targeted intermediaries as broadband providers with 50,000+ subscribers and DNS resolvers earning over $100 million annually, but excludes entities that exclusively offer VPN services.
Court-issued blocking orders must be technically feasible, can be renewed annually, and apply to live streaming events, expanding the scope beyond static foreign piracy sites.
VPN services are exempt only when they provide VPN functionality exclusively, leaving ambiguous cases where VPNs are offered alongside other services.
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What the cluster adds up to.
The legislation shifts the compliance burden to ISPs and large DNS resolvers, requiring them to implement blocking mechanisms after a court classifies a site as a foreign digital piracy site, which introduces legal and operational overhead for network operators.
Because VPNs are exempt, engineers can continue to route user traffic through VPN endpoints without the same blocking obligations, but any hybrid services that bundle VPN with other functions may still fall under the bill’s scope, creating uncertainty for product design.
The two-step process, first designating a site, then issuing a blocking order, means that engineers must monitor court actions and potentially update filtering rules dynamically, while also ensuring that any blocking technique complies with the bill’s ‘technically feasible and effective’ standard.
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