ISSN 3103-7305 • International English Edition Administrative Justice & Litigation Diamond Open Access
Vol. 1, Issue 3 (2026) • Art. 6688 • pp. 1–17

Piracy Shield Blocking Orders and AGCOM Powers over Foreign DNS and VPN Providers

Giovanni Ercole Moscarini Published: November 12, 2026 Journal: Metodo Giuridico — Ius et Ratio (Rome) Extent: 17 pages (A4)

Abstract

This paper examines the administrative framework for combating online audiovisual piracy established by Italian Law No. 93 of 14 July 2023, as amended by Law No. 143/2024 and implemented by AGCOM Resolutions Nos. 189/23/CONS, 321/23/CONS, and 209/25/CONS. The analysis investigates the legal and procedural consistency of dynamic blocking orders issued via the Piracy Shield platform in light of recent Regional Administrative Court of Lazio judgments (Nos. 1223/2024, 14414/2024, 13201/2026, and 13202/2026) concerning cross-border DNS, VPN, and CDN providers (the Cloudflare dispute). It scrutinizes the jurisdictional divide between Articles 9 and 56 of Regulation (EU) 2022/2065 (Digital Services Act), the legal qualification of dynamic injunctions as deferred-adversarial enforcement acts, the calculation of statutory administrative fines based on worldwide turnover under Law No. 249/1997, and the outstanding challenges surrounding IP overblocking, post-execution review mechanisms, and defensive access to technical logs.

Key Legal Takeaways

  • Primary Statutory Basis and Interim Powers: Law no. 93/2023 remedied the historical lack of statutory sanctioning powers identified by the Council of State ( Consiglio di Stato ) in Judgment no. 4993/2019, vesting AGCOM with urgent interim blocking powers to be executed within thirty minutes across networks and technical intermediaries.
  • Allocation of Competences under the Digital Services Act: Article 9 DSA empowers national authorities to issue orders to act against specific items of illegal content on the basis of territorial harmful effects, whereas Article 56 DSA reserves exclusively to the Member State of establishment the supervision of systemic due-diligence obligations.
  • Legal Nature of Dynamic Injunctions: Individual blocking tickets generated through the Piracy Shield platform do not constitute autonomous challengeable administrative measures, but rather operate as executive acts updating and implementing the original interim order subject to deferred adversarial review.
  • Fines Calculated on Worldwide Turnover: Pecuniary administrative penalties under Article 1(31) of Law no. 249/1997 are lawfully assessed against the operator's consolidated worldwide turnover, ensuring proportionality and effective deterrence vis-à-vis foreign Big Tech intermediaries.

Suggested Scholarly Citation & Original Reference

International / OSCOLA Citation: Giovanni Ercole Moscarini, ‘Piracy Shield Blocking Orders and AGCOM Powers over Foreign DNS and VPN Providers’ (2026) 1(3) Metodo Giuridico (ISSN 3103-7305) Art 6688, 1–17 <https://www.metodogiuridico.it/2026/11/12/ordini-blocco-piracy-shield-agcom-dsa/en/>
Original Italian Title: Ordini di blocco su Piracy Shield: poteri AGCOM sui DNS esteri — License: Creative Commons CC BY-NC-ND 4.0.
Giovanni Ercole Moscarini
Attorney at the Rome Bar — Co-Scientific Director & Publisher

Practises civil law and administrative law. For Metodo Giuridico he analyses statutory developments and judicial trends across both fields.