Lawmakers in Washington are once again attempting to give the United States a legal pathway to block websites, a power the federal government has never officially held on a broad scale.
The latest push comes in the form of the Block Bad Electronic Art and Recording Distributors Act, better known as “Block BEARD,” introduced in the Senate by Thom Tillis, Chris Coons, Marsha Blackburn, and Adam Schiff.
We obtained a copy of the bill for you here.
On its face, the bill targets foreign websites accused of piracy. But the mechanism it creates would establish something far more significant: a formal, court-approved process that could be used to make entire websites vanish from the American internet.
Under the proposal, copyright owners could go to federal court to have a site labeled a “foreign digital piracy site.” If successful, the court could then order US service providers to block access to that site.
The reach is broad. The term “service provider” here mirrors the broad definition in the DMCA, potentially covering everything from ISPs and search engines to social media platforms, and perhaps even VPNs.
Proponents say this is about protecting the entertainment industry. In reality, it’s about setting a precedent. Once the government has a tool to block certain sites, history shows the definition of “unacceptable” content can expand. Piracy today could easily become something else tomorrow.
The ramifications go beyond the music and movie business. If courts can order an ISP to make a site disappear from view, the same logic could eventually apply to other types of content deemed problematic.
And because the bill has no public transparency requirements, the public could be kept entirely in the dark about which sites are blocked, why they’re blocked, or how long the blocks remain in place.
Supporters in the entertainment industry, including the RIAA and Motion Picture Association, are openly cheering the bill, pointing to similar measures overseas they claim have worked without harming free speech.
But the US is not the same as other countries. The First Amendment’s protection of speech and access to information means this kind of censorship tool carries far more constitutional baggage here than it does elsewhere.
What Block BEARD really represents is a milestone. If passed, it would be the first time the US creates a standing legal process for cutting off access to entire websites at the network level.
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