Related Insights

Concerns on the European Commission's Proposal for a Directive on Copyright in the Digital Single Market

The Center for Democracy and Technology (CDT) continues to advocate for a progressive, innovation-friendly, and flexible copyright regime in the EU. CDT has advanced these arguments for several years in response to European Commission consultations on copyright, ancillary rights, notice-and-action, and enforcement. However, the European Commission’s proposal for a Directive on Copyright in the DSM does not deliver on these objectives.

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Letter on proposal to reform the EU Audiovisual Media Services (AVMS) Directive

The European Parliament is currently amending the legislative proposal to reform the EU Audiovisual Media Services (AVMS) Directive. The draft report led by the Culture and Education (CULT) committee in the European Parliament contains particularly problematic proposals that would impose an obligation on ‘video-sharing platforms’ to monitor uploaded content to prevent users from being exposed to certain type of…

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Coalition Letter on Copyright Reforms in the EU

A coalition of advocacy groups issues a letter in support of copyright reforms that creates an online environment that promotes innovation, serves consumers and supports creators. They oppose some of the proposed reforms including the creation of a new ancillary right for publishers and any effort to undermine the safe harbour and no-general monitoring obligations of the e-commerce Directive.

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Content ‘responsibility:’ The looming cloud of uncertainty for internet intermediaries

This paper, written by Dr. Monica Horten, addresses the topic of intermediary liability in the context of new European Union policy proposals. These proposals introduce a new notion of ‘content responsibility’. The paper seeks to understand this notion and its consequences by analysing the policy proposals that have been tabled in 2016, as well as national and European case law.

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Third party intervention in the Bureau of Investigative Journalism case

On July 8th, CDT submitted a third party intervention (amicus brief) to the European Court of Human Rights in the Bureau of Investigative Journalism and Alice Ross v. United Kingdom case. The journalist applicants challenged the United Kingdom’s Regulation of Investigatory Powers Act, Tempora program, and surveillance practices generally. They argued that blanket surveillance had a chilling effect on their profession, and did not satisfy the Court’s standards for compatibility with Articles 8 (privacy) and 10 (freedom of expression) of the European Convention on Human Rights. CDT drew attention to similarities to US surveillance practices, which undoubtedly fail to satisfy the Court’s standards, and argued that the receipt of US intelligence alone makes the UK’s practices incompatible with the Convention.

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CDT Co-signed Letter to the EC on Copyright Reform

CDT co-signed a letter to European Commission President Juncker and several Commissioners to make the case for innovation-friendly and progressive copyright reform in Europe. Reforming European copyright legislation is a key component of the Commission’s Digital Single Market Strategy, and the need for an updated, harmonised copyright framework is widely recognised. Our letter stresses the need to ensure that strong liability limitations are maintained and that amending the definition of the rights of “communication to the public” and “making available” would be extremely harmful to the Internet as an open platform for free expression and exchange. The Commission is expected to issue a new consultation on these issues shortly, which CDT and others will respond to.

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