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Freedom251 › Blog › American Copyright Protection Act

Does the DEFEND IP Act Affect VPNs? What the Proposed U.S. Piracy Bill Says

By Freedom251 Team · · 3 min read

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For now, the reported answer is no: the proposed DEFEND IP Act would let copyright holders seek site-blocking orders against certain broadband providers and public DNS resolvers, while carving out entities that exclusively provide VPN or similar encrypted traffic-routing services. That is a description of a proposal, not a rule currently in force. The word “exclusively” also means the reported carve-out may not settle the position of companies that bundle VPNs with other services.

What the DEFEND IP Act proposes

Contemporary coverage describes the DEFEND IP Act, introduced by Senator Thom Tillis and Representative Zoe Lofgren, as a proposal to let copyright holders seek court orders blocking access to designated foreign digital piracy sites. The reported targets are certain broadband providers and large public DNS resolvers—not VPN-only providers. The House bill text was not accessible in the reporting reviewed here, so the scope and mechanics below should be understood as reported descriptions rather than independently verified statutory wording. TechRadar reported the VPN carve-out; TorrentFreak described the proposal’s scope and process.

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Which services are reportedly in scope?

TorrentFreak reports that the bill would cover broadband providers with at least 50,000 subscribers and public DNS resolvers with annual revenue above $100 million. Those thresholds are reported figures, not confirmed here against an accessible official DEFEND IP Act text.

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How the reported blocking process would work

TorrentFreak describes a two-step process: a federal court would first designate a site as a foreign digital piracy site, after which rightsholders could request a blocking order. The court would reportedly consider technical feasibility and effectiveness. Because the underlying House text was inaccessible, these details should not be treated as a direct reading of the bill.

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Why the VPN exemption is narrower than the headline

The reported wording exempts an entity that exclusively provides VPN services or a similar service that encrypts and routes user traffic through intermediary servers. That qualifier matters. The reporting does not resolve how the carve-out would apply to a company that offers a VPN alongside other products or services, so it is too broad to say that every business offering a VPN is definitely exempt.

The headline’s “leaves VPNs alone” shorthand refers to VPN-only providers under this proposal. It does not establish a general exemption from U.S. law, nor does it describe every anti-piracy bill under consideration.

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How the American Copyright Protection Act differs

The American Copyright Protection Act (ACPA), H.R. 10364, is a separate proposal with a different scope. Its official introduced text defines covered service providers to include VPN providers. The GovInfo text of H.R. 10364 is the primary source for that bill’s wording and procedure.

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Proposal Reported or stated treatment of VPNs Service thresholds Process details established by the cited material
DEFEND IP Act Contemporary reporting describes a carve-out for entities that exclusively provide VPN or similar encrypted traffic-routing services; bundled-service cases are not resolved. Reporting gives at least 50,000 subscribers for broadband providers and annual revenue above $100 million for public DNS resolvers. These figures were not verified against accessible official bill text. Reporting describes court designation of a foreign piracy site followed by a rightsholder request for a blocking order. The bill text was inaccessible for direct verification.
ACPA, H.R. 10364 The introduced text includes VPN providers in its definition of covered service providers. A report on the proposal gives a threshold of 100,000 monthly U.S. users or subscribers; consult the bill text for the operative language. The official introduced text says orders name specific service providers, require commercially reasonable steps to prevent U.S. access, set an implementation date 14–30 days after notice, and expire no later than 12 months after issuance.

These are two distinct proposals, not different descriptions of a single bill. Their proposed requirements should not be confused with rules already in force.

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What critics say about DNS blocking

Public Knowledge opposes the DEFEND IP Act. The organization argues that blocking through global DNS resolvers can affect access beyond the United States; that is its policy position, not an independently measured outcome of the proposal. Its September 24, 2026 statement says, “Applying blocking orders to global DNS resolvers causes global blocks.” Public Knowledge’s statement also quotes Senior Policy Counsel Meredith Rose criticizing the proposal as an expansion of censorship infrastructure. These are advocacy claims, and readers should distinguish them from the bill’s reported provisions.

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Where the bills stand

Neither proposal should be treated as enacted law based on the available material. GovInfo identifies H.R. 10364 as introduced by Representative Darrell Issa on September 14, 2026, and referred to the House Judiciary Committee. Its official bill record provides the congressional status for that measure. Contemporary DEFEND IP Act coverage identifies the co-introducers but does not provide an accessible official text or verified bill number here. Legislative status can change, so check the relevant official congressional record for the latest action.

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