The EU’s latest assault on internet freedom

Andrew Tettenborn
spiked.com

Soon online speech will be regulated by Brussels.

As things stand, what you can and cannot say on the internet is largely a matter for national law, decided by national parliaments. This means that every nation in Europe currently has different laws and practices. 

But the EU has quietly been moving to change this. Take last year’s Copyright Directive, which more or less demands the introduction of automated content filters on social-media platforms. And last month, it became clear that an impatient Brussels wants to turbocharge this process by bringing internet regulation to the EU level, where it can pull the necessary strings.

The EU Digital Services Act sounds innocent on the surface. It is ostensibly aimed (in Euro-speak) at enhancing the so-called Digital Single Market by harmonising national laws and removing competitive barriers. Member states have not yet been consulted or made aware of any specific proposals in the Act. But thanks to the leak of an internal briefing to the Digital Single Market steering group, obtained German digital freedom activists Netzpolitik, we can see what Brussels has planned.

One of the EU’s key concerns, as the briefing makes clear, is the lack of EU-wide rules and regulations covering what people can see and say online. The fight against online hate speech, for example, is said to be ‘expensive and inefficient across the Single Market’. There are also no EU-wide rules on online advertising, nor does the EU have oversight of online services as a whole.

The prescription? EU regulation of the internet. 

 

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EU Looking To Regulate Everything Online, And To Make Sites Proactively Remove Material

Tech Dirt

One of the reasons that Techdirt and many others fought so hard against the worst ideas of the EU Copyright Directive is that it was clearly the thin end of the wedge. If things like upload filters and the imposition of intermediary liability become widely implemented as the result of legal requirements in the field of copyright, it would only be a matter of time before they were extended to other domains. Netzpolitik has obtained a seven-page European Commission paper sketching ideas for a new EU Digital Services Act (pdf) that suggests doing exactly that. The Act's reach is extremely wide:

The scope would cover all digital services, and in particular online platforms. This means the clarification would address all services across the internet stack from mere conduits such as ISPs to cloud hosting services; while a special emphasis in the assessment would be dedicated to updated rules for online platforms such as social media, search engines, or collaborative economy services, as well as for online advertising services.

A core aim is to replace the e-Commerce Directive, passed in 2000. This is presented as "outdated", but the suggestions in the paper are clearly a continuation of attacks on the fundamental principles underlying the open Internet that began with the Copyright Directive.

One of the problems for the EU when pushing through the upload filters of Article 13/17 in the Copyright Directive is that Article 15 of the e-Commerce Directive explicitly states that there is "No general obligation to monitor". Constant surveillance is the only way that upload filters can work -- if you don't monitor all the time, you can't be sure you block everything that the law requires. Furthermore, Article 14 of the e-Commerce Directive emphasizes that "the service provider is not liable for the information stored at the request of a recipient of the service". That's subject to certain conditions, such as being required to remove material that infringes on copyright, but only after being informed of its presence on their servers.

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France and Germany just cut a deal to save the EU's #CopyrightDirective -- and made it much, much worse

Cory Doctorow
BoingBoing

The EU's on-again/off-again Copyright Directive keeps sinking under its own weight: on the one side, you have German politicians who felt that it was politically impossible to force every online platform to spend hundreds of millions of euros to buy copyright filters to prevent a user from infringing copyright, even for an instant, and so proposed tiny, largely cosmetic changes to keep German small businesses happy; on the other side, you have French politicians who understand that the CEOs of multinational entertainment companies won't stand for any compromise, or even the appearance of compromise, and so the process fell apart. 

That is until Chancellor Merkel and President Macron sat down to broker a deal, in which Merkel caved on every single measure that even looked like it might protect small businesses, co-operatives, nonprofits, and individuals, ending up with a deal that guarantees that every existing small platform will be destroyed and no new ones can be started, leaving Europe in the hands of US Big Tech -- forever. 

Under the new deal, any platform where the public can communicate will have to buy copyright filters to intercept all public communications and compare them to a database of so-called "copyrighted works" (which anyone, anywhere, can add anything to), and then block anything that appears to be a match.
 
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EU Directive SPELLS DISASTER for Internet Freedom

Black Pidgeon