Why the DEFEND IP Act Threatens Internet Freedom and Open Expression

• The proposed DEFEND IP Act would create a de facto censorship mechanism by enabling the mass blocking of entire websites.
• Unlike current copyright enforcement tools, this legislation targets entire domains rather than specific infringing works, posing a significant risk to lawful speech.
• The bill lacks safeguards against bad-faith abuse, providing no meaningful recourse for those whose websites are unfairly deplatformed.

Structural Dangers

• It deputizes service providers into enforcers, shifting the burden of copyright policing onto internet infrastructure.
• There are no deterrents or punishments for rightsholders who use the law to silence criticism or commentary under the guise of infringement.
• The mechanism requires affected parties to undertake expensive and daunting litigation to restore access to their websites.

Context of Site-Blocking Legislation

• This proposal follows a long line of failed attempts at site-blocking legislation, including SOPA, PIPA, and FADPA.
• By allowing one-stop shop removal of whole sites, the bill risks collateral harm to users and businesses that host diverse, protected content.
• The legislation is criticized for building an infrastructure of censorship rather than effectively addressing copyright infringement, which is already managed under current DMCA frameworks.