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Notice & take-down

"Voluntary enforcement" vs legal restrictions - what rules apply?

11 December, 2012
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Sometimes, watching the Commission make up its mind on a controversial topic is like watching a sports match. One of these topics is the question of whether it is legal for governments to encourage internet service providers (ISPs) to restrict fundamental rights “voluntarily” or whether they would need a legal basis. The European Home Affairs Commissioner, Cecilia Malmström is certain... that they do, that they don't and that they might... possibly.

Portuguese blog taken down by Google for unknown reasons

21 November, 2012
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This article is also available in:
Deutsch: Google schaltet aus unerklärlichen Gründen portugiesischen Blog ab


On 14 November 2012, the blog of the group Precários Inflexíveis, whose purpose is to expose the working conditions of freelance workers without permanent contracts, was deleted by Google, during the day of the general strike in the country.

Those who tried to find information about the protest and actions of the group, were greeted with the message “This blog is in violation of Blogger's Terms of Service and is open to authors only”.

CETA: EU ditches criminal sanctions.... almost

31 October, 2012
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In documents seen by EDRi, the current Cyprus Presidency of the Council of the European Union made a proposal at the beginning of October to delete the criminal sanctions section of the proposed EU/Canada Free Trade Agreement.

Lawless, unproven filtering and blocking of content as “best practice”

26 October, 2012
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On Monday of next week (29 October, 2012), the European Union and the United States will have a “summit” (draft agenda) on “Exchange of Best Practices for Child Protection Online”. In the course of that meeting, the question of measures to prevent “re-uploading of the content” will be discussed. Both the European Commission and the United States appear to think that widespread, suspicionless upload filtering is “best practice”.

Clean IT – Leak shows plans for large-scale, undemocratic surveillance of all communications

21 September, 2012
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This article is also available in:
Deutsch: CleanIT – Pläne zur Überwachung des Internets im großen Stil


A leaked document from the CleanIT project shows just how far internal discussions in that initiative have drifted away from its publicly stated aims, as well as the most fundamental legal rules that underpin European democracy and the rule of law.

The European Commission-funded CleanIT project claims that it wants to fight terrorism through voluntary self-regulatory measures that defends the rule of law.

ENDitorial: EP and EDPS hit back against lawless “child protection” measures

18 July, 2012
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This article is also available in:
Deutsch: ENDitorial: „Kinderschutz“-Maßnahmen ohne gesetzliche Grundlage ...


In the EDRi-gram 10.12, we reported on projects of the European Commission to coerce industry into the introduction of “voluntary” upload filters.

German Federal Supreme Court rules in the RapidShare case

18 July, 2012
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This article is also available in:
Deutsch: Deutscher Bundesgerichtshof: Entscheidung im Fall RapidShare


A file-hosting site could be partially liable for the content uploaded by others in Germany.

French Supreme Court: Important rulings for intermediary liability

18 July, 2012
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This article is also available in:
Deutsch: Frankreich: Wichtige Entscheidungen in Sachen Providerhaftung


On 12 July 2012 the French Supreme Court (Cour de Cassation) issued four important and somewhat contradictory rulings regarding the role of online service providers in policing online copyright infringements.

In the first case, SNEP vs. Google France, the Court's decision could lead the search engine to censor its autocomplete feature which automatically suggests commonly-used terms associated with the queries submitted by users.

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