In 2012, we won against ACTA. But did we, really? We criticised ACTA for its corporate censorship provisions. This talk gives an overview of online censorship measures that were introduced across Europe since 2012, and compares how the EU Commission's plans for the Digital Single Market compare to the failed plans in ACTA. Watch on YouTube: https://www.youtube.com/watch?v=bH1rueCDx-4

1. Internet censorship around
Europe since ACTA
States think we're stupid

3. “Each Party shall endeavour to
promote cooperative efforts
within the business community
to effectively address trademark
and copyright or related rights
infringement […]”

7. But did we, really?

14. « Cooperative efforts within the
business community » will
• be efficient to address the problem (terrorism, child porn…)
• not be abused by companies for anti-competitive purposes
• guarantee the presumption of innocence of content provider
• guarantee an effective remedy if content is being wrongly taken
down/blocked
• guarantee your freedom of communication

16. EU Commission’s
Digital Single Market
Strategy
6 May 2015

17. 1. the launch an initiative for the
take-down of material
2. the introduction of new repressive
copyright measures
Digital Single Market
Strategy announces…

18. E-Commerce Directive
(2000/31/EC)
Article 15
No general obligation to monitor
1. Member States shall not impose a general obligation
on providers, when providing the services covered by
Articles 12, 13 and 14, to monitor the information which
they transmit or store, nor a general obligation actively to
seek facts or circumstances indicating illegal activity.

21. Microsoft Terms of Use
“Microsoft reserves the right to
terminate your access to any or all
of the Communication Services at
any time, without notice, for any
reason whatsoever.”
https://www.microsoft.com/en-us/legal/intellectualproperty/copyright

23. Papers, Please

24. EU Commission
Digital Single Market
Strategy

25. “Follow the Money”

26. “governments should construct
coalitions with reputable advertising
networks, payment processors and
rightsholders. Together, these
coalitions can crack down and
squeeze the financing behind online
infringement.”

28. “Each Party shall endeavour to
promote cooperative efforts
within the business community
to effectively address trademark
and copyright or related rights
infringement […]”

29. DSM
“For instance, Follow the money
approaches have been put in place
in order to reduce advertising
revenues. Actions are sought from
advertising companies or payment
processors.”

30. “Each Party shall endeavour to
promote cooperative efforts
within the business community
to effectively address trademark
and copyright or related rights
infringement […]”

31. « Due digilence « and « duty of care »:
"ISPs should apply due diligence principles in their value chain - thus ensuring
compliance and enforcement on the internet"
DSM

32. “Each Party shall endeavour to
promote cooperative efforts
within the business community
to effectively address trademark
and copyright or related rights
infringement […]”

33. Article 52, Charter of
Fundamental Rights
“1. Any limitation on the exercise of the
rights and freedoms recognised by this
Charter must be provided for by law and
respect the essence of those rights and
freedoms.”

34. • 2015: Copyright reform
• 2016: Initiative leading to
possible proposal for combatting
illegal content on the Internet
DSM

35. The Fight starts now …
… and Germany is key!

39. Get involved!
→ Check edri.org or follow us on twitter @edri
→ Blog, tweet, post, share this
→ Contact your MEPs!
What can you do?

40. On a national level:
Support our members!
edri.org/about/#members
On the EU level:
Support us!
edri.org/donate
Become a supporter: edri.org/supporter
No time? Support the fight for online freedoms!

41. Questions?
joe.mcnamee@edri.org
@edri
kirsten.fiedler@edri.org
@kirst3nf