CDT submitted these brief comments in response to a questionnaire from the European Commission on notice-and-action procedures (including the more familiar notice-and-takedown) and Internet intermediaries. The comments offer the following principles for ensuring that notice-and-action frameworks do not come at the expense of online free expression and access to information:
- Intermediaries need clear guidance regarding what constitutes a valid notice.
- Actions required of intermediaries must be narrowly tailored and proportionate.
- Safeguards are necessary to mitigate risks of abuse.
- Intermediaries should not be required to take actions that would create a de facto ongoing obligation to monitor.
- Action requirements should take account of differences between conduit and host services.
- Actions that result in content takedown must be limited to contexts where illegality is straightforward.
- Notice-and-action requirements must avoid undermining existing liability protections.