Is Copyright Shifting Direction?
March 15, 2012
It is tough to search when content is not there. We have been alerted to the threat of censorship from lawmakers by conflicts over legislation such as SOPA, PIPA, ACTA and TPP. We must not ignore a more insidious threat: that of direct dealings between copyright industries and Internet service providers at the behest of government; so warns TechDirt in “UK Government Pressuring Search Engines to Censor Results in Favor of Copyright Industries.”
Rather than laws that would have to be enforced through legal channels, the back-door “notification” system described in the article would submit blacklists to search engines. These lists would name sites accused of infringement, which would then be barred from search results. Any accusation could doom an entire site to obscurity, possibly without recourse. Whitelists of approved media services would also be provided and those sites artificially promoted within search results. Writer Glyn Moody asserts:
Absolute power over search engines’ results in these areas would be handed to industries that hardly have a good track record for adopting a proportionate approach to tackling unauthorized downloads. In particular, they are unlikely to lose much sleep over all the legitimate content that will become invisible when sites of borderline legality are removed from search engines’ results ‘just to be on the safe side.’ And there are no indications that there would be any oversight as to who goes on the lists, or any right of appeal — making it a purely extra-judicial punishment.
It seems that most search engines are balking at the proposed arrangement, for now at least. Moody notes that complying with white lists could be considered anti-competitive and get sites in trouble with the European Commission. Yes, that would be important. Perhaps it is a sign that the whole scheme is a bad idea? How will the legal spat between India, Google, and Facebook work out? Our view: not well.
Cynthia Murrell, March 15, 2012
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