Washington, D.C. – Following Rep. Zoe Lofgren (D-CA)’s introduction of the Foreign Anti-Digital Piracy Act (FADPA) Re:Create Executive Director Brandon Butler issued the following statement in opposition to this legislation. 

“FADPA and similar ‘site-blocking’ proposals would give Big Content the internet killswitch it has sought for decades. Copyright is hotly contested and infamously easy to use as a cudgel against free speech online. FADPA’s one-sided proceedings will be an irresistible tool for internet trolls and censors.”

Re:Create and a broad cross-section of groups dedicated to balanced copyright and a free and open internet, including libraries, civil libertarians, online rights advocates, start-ups, consumers and technology companies of all sizes oppose FADPA and similar legislation because…

• Site-blocking allows for overblocking, which would destabilize the foundation of the creative ecosystem, threaten freedom of expression, restrict access to information and raise First Amendment concerns.
• Site-blocking is an extreme measure that should only be considered if there is clear evidence of extraordinary harm that cannot be addressed by other means.
• Site-blocking is a one-sided process where only rightsholders are represented; these ex parte proceedings are fundamentally flawed and often lead to default judgments.
• Site-blocking creates an arms race with internet users that can encourage the use of risky tools like less reputable VPNs that collect sensitive personal information without users’ knowledge and could contain malware.

The harms of site-blocking legislation, such as FADPA, outweigh any purported public benefit and site-blocking bills should be rejected by lawmakers.