Europe's "fundamental rights" trump judge-ordered Internet filters

lotuseclat79 · Apr 17, 2011

Europe's "fundamental rights" trump judge-ordered Internet filters.

European national courts in several countries have ordered Internet providers to block certain websites or to filter all traffic passing across their networks in order to reduce copyright infringement. But a new legal opinion (PDF) from one of Europe's top lawyers says that such orders are not allowed, and that they violate various European “fundamental rights.”
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-- Tom

dw426 · Apr 17, 2011

The rights argument isn't working so well on this side of the pond, so I doubt it will there either.

nix · Apr 17, 2011

Really interesting. Very nice Opinion, too. As a "trial balloon", this one might not fly far at this time, thanks to Advocate General Pedro Cruz Villalón's clear head. Plus, it is a mess:

Neither the filtering system, which is intended to be applied on a systematic, universal, permanent and perpetual basis, nor the blocking mechanism, which can be activated without any provision being made for the persons affected to challenge it or object to it, are coupled with adequate safeguards,” he said.

If the court agrees with the Advocate General, it is not clear exactly what impact its ruling would have on the Digital Economy Act’s website blocking provisions.

The Culture Secretary Jeremy Hunt ordered Ofcom to review the laws in February, saying “it is not clear whether the site blocking provisions in the Act could work in practice”.

At the same time the government opened talks between ISPs and the music industry to encourage a voluntary agreement on a list of websites that would be blocked, which would avoid any need to use the Digital Economy Act.
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http://www.telegraph.co.uk/technolo...ternet-piracy-laws-infringe-human-rights.html

An important case. Thanks for the link.

Daveski17 · Apr 17, 2011

dw426 said:

The rights argument isn't working so well on this side of the pond, so I doubt it will there either.
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Especially once Brussels & its twentythree official languages gets its bureaucratic teeth into the problem.

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