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Short answer: The proposed DEFEND IP Act is reported to let copyright holders seek court orders requiring certain broadband providers and public DNS resolvers to block designated foreign piracy sites, while excluding providers that offer VPN services exclusively. That is a feature of a proposal, not a change in law, and the word “exclusively” leaves bundled services less clear.
What the DEFEND IP Act proposal would do
Contemporary reporting describes the DEFEND IP Act as a proposal for site-blocking orders aimed at intermediaries rather than the operators of foreign piracy sites. Under the reported process, a federal court would first designate a site as a foreign digital piracy site; copyright holders could then request an order directing covered intermediaries to block access. The court would reportedly consider technical feasibility and effectiveness. These mechanics are based on reporting, not an accessible official copy of the DEFEND IP Act text.
Reporting says the proposal would apply to broadband providers with at least 50,000 subscribers and public DNS resolvers with annual revenue above $100 million. Those thresholds should be treated as reported descriptions, not confirmed statutory wording.
Does the proposed bill affect VPNs?
For providers that exclusively offer VPN services, the reported answer is no: they are carved out of the covered-provider definition. The distinction matters. The reported language does not establish how a company that bundles VPN access with other services would be treated, so “VPNs are left alone” is shorthand rather than a definitive answer for every business model.
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This does not establish that VPN users would be exempt from other laws, or that every anti-piracy proposal excludes VPN providers. It describes the reported scope of this particular bill.
How DEFEND IP differs from the American Copyright Protection Act
The American Copyright Protection Act (ACPA), a separate proposal, expressly includes VPN providers in its definition of covered service providers, according to reporting on the bill. The official introduced text identifies it as H.R. 10364, introduced by Representative Darrell Issa on September 14, 2026, and referred to the House Judiciary Committee. Reporting says its scope includes providers with at least 100,000 monthly U.S. users or subscribers.
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| Proposal | VPN providers | Reported scope threshold | What is established |
|---|---|---|---|
| DEFEND IP Act | Reported carve-out for entities exclusively providing VPN services; bundled services are less clear. | Broadband providers: at least 50,000 subscribers; public DNS resolvers: annual revenue above $100 million, as reported. | Details and thresholds are from contemporary reporting; the official text was not accessible for verification. |
| American Copyright Protection Act (ACPA), H.R. 10364 | VPN providers are included in the covered-provider definition, according to reporting. | At least 100,000 monthly U.S. users or subscribers, according to reporting. | GovInfo’s official introduced text identifies the bill and its introduction and referral; it is a separate proposal. |
The ACPA text describes orders naming specific service providers, requiring commercially reasonable steps to prevent access from the United States, setting an implementation date 14 to 30 days after notice, and expiring no later than 12 months after issuance. Those details apply to the ACPA, not to the DEFEND IP Act.
Why the proposal is disputed
Supporters present the DEFEND IP Act as a targeted response to foreign piracy. Representative Zoe Lofgren, a co-introducer, said she was “proud to work across the aisle on this smart, targeted approach to crack down on foreign piracy while protecting Americans’ free speech and access to a free and open internet.”
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Public Knowledge opposes the proposal. Senior Policy Counsel Meredith Rose argued that rightsholders were building “an expansive infrastructure for censorship rather than go after the root of the problem: operators of overseas piracy websites.” The group also warned that applying orders to global DNS resolvers could result in global blocks. Those are the organization’s concerns, not independently measured outcomes established for this bill.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Are either of these requirements in force?
No. The DEFEND IP Act and H.R. 10364 are proposals, not established requirements under the sources cited here. The official record confirms H.R. 10364’s introduction and committee referral as of September 14, 2026; the available material does not establish a later enactment. The DEFEND IP Act’s exact bill number and official status were not confirmed in an accessible official record. Legislative status can change, so consult current congressional records before relying on either proposal’s status.
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Sources
- TechRadar’s September 30, 2026 report on the reported VPN carve-out.
- TorrentFreak’s September 28, 2026 report on DEFEND IP Act scope and process.
- GovInfo’s official introduced text of H.R. 10364.
- GovInfo’s H.R. 10364 bill record.
- Public Knowledge’s September 24, 2026 statement opposing the DEFEND IP Act.
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