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Tackling ‘Illegal’ Content Online: The EC Continues Push for Privatised Law Enforcement

The European Commission’s Communication on Illegal Content Online, released last week, is the latest in a long line of EU policy initiatives aimed at addressing the availability of (possibly) illegal content online. It envisages replacing decision-making by courts with that of private companies, and misses an important opportunity to provide EU-wide guidance on how notice-and-action processes should work. The Commission could have explained in more detail the obligations of those notifying content for removal, and the evidentiary standards notifications should meet to be actionable. The guidelines could have stressed the principle that decisions of legality and illegality are fundamentally for courts and judges to make, and that any notice-and-action process should provide for due process, including recourse to courts.

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EU Tech Policy Brief: September 2017

This is the September issue of CDT’s monthly EU Tech Policy Brief. It highlights some of the most pressing technology and internet policy issues under debate in Europe, the U.S., and internationally, and gives CDT’s perspective on them. Copyright in the DSM: Run-up to the Parliamentary Vote in Leading Committee JURI The Legal Affairs (JURI) Committee, which leads the Copyright…

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Copyright in the DSM: Good and Bad News from Member State Talks on Articles 11 and 13 Copyright in the DSM: Good and Bad News from Member State Talks on Articles 11 and 13

Before the summer, we were unimpressed with the latest developments in the European Parliament on copyright reform. In particular, we had issues with the Opinions adopted in the Committees on Industry, Research and Energy (ITRE) and Culture and Education (CULT). Amendments adopted by both committees would make what we already consider a bad proposal worse. Member States are now making progress in their review of the proposal, but so far the results are a mixed bag.

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EU Copyright Reform: Winter is Coming

Those involved in EU copyright reform discussions are likely to be feeling rather ‘chilly’ in view of recent developments. The original Commission proposal for a Copyright in the Digital Single Market Directive was already highly problematic, but with the unexpected change of leadership of the dossier in the European Parliament last month, our initial concerns have escalated.

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EU Tech Policy Brief: July 2017

This is the July issue of CDT’s monthly EU Tech Policy Brief. It highlights some of the most pressing technology and internet policy issues under debate in Europe, the U.S., and internationally, and gives CDT’s perspective on them.

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German Social Media Law Creates Strong Incentives for Censorship

Social media companies and other hosts of third-party content will soon face potential fines of €50 million in Germany if they fail to promptly censor speech that may violate German law. Last week, the German parliament approved the NetzDG legislation, which goes into effect 1 October and will require social media sites and other hosts of user-generated content to remove “obviously illegal” speech within 24 hours of being notified of it. This is one of the most extreme online censorship bills that we have seen from a liberal democracy to date. CDT was critical of this bill when it was first introduced, and we’re deeply concerned that the German parliament has now adopted it.

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EU Tech Policy Brief: June 2017

This is the June issue of CDT’s monthly EU Tech Policy Brief. It highlights some of the most pressing technology and internet policy issues under debate in Europe, the US, and internationally, and gives CDT’s perspective on them.

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Parliamentary Committee Leading AVMSD Debate Rejects Upload Filtering But Leaves Much to be Desired

Despite the apparent improvements on intermediary liability protection provisions, a concern we had previously highlighted, the text adopted in the Culture & Education (CULT) committee of the European Parliament remains far from satisfactory, raising new concerns around the take down of legal content, and thus threatening freedom of expression online.

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