The EU’s Copyright Directive Risks Creating Two Internets

The European Parliament’s approval of the Copyright Directive is the end of the internet as we know it. This new regulation creates substantial new controls on what we can share online which threaten freedom of expression, undermine creativity, and cement the dominance of technology giants.

The Copyright Directive will create two internets. The first, a heavily censored version for European users, including filters to prevent you from uploading content. The second, a free internet where creativity is encouraged, for everyone else.  By Matthew Lesh

The directive represents everything that’s wrong with the EU’s policymaking process. It was written at a substantial distance from Europeans, heavily influenced by lobbyists and national compromises. There is a serious lack of accountability.
The opposition to the directive was substantial, but it didn’t seem to matter. Over 200 intellectual property academics have warned that the directive serves “narrow sectional interests”. Even substantial parts of the European music industry have raised concerns about the scheme. The Change.org petition opposing the directive has reached over 5.1 million signatories, the most in the website’s history. 

Recently, while some Brits were marching to stay in the EU, thousands of Europeans took to the street in Save the Internet marches.

There are two particularly concerning sections of the law.

Article 11 prevents news aggregators, such as search engines and social media companies, from linking and providing snippets of news articles without paying a “link tax”. 

This is clearly absurd. There is no reason why websites should have to pay for what is, in fact, doing news organisations a favour by linking people to their content. It is the responsibility of news organisations to monetise their content through advertisements or paywalls, not attempt to siphon revenues from more successful technology companies.

In practice, this will concentrate power in the hands of large news sites, who are most likely to reach deals to licence the right to link to each other and other sites. A German study found almost two-thirds of revenue will go to a single publisher, and just 1 per cent to smaller publishers. It’s therefore no surprise that the multinational publishing industry lobbyists pushed the directive.

The internet was supposed to democratise access to information. This article will decrease access to online news. It will be much simpler for most websites to block links than go through the effort and expense of reaching licence deals. In 2014, Google shut down Google News in Spain to avoid legal liability in response to a similar domestic law. It was not worth operating a free service that brings in little revenue at the cost of paying for links.

Article 13 makes platforms (like Google, Facebook, Twitter, Tumblr, and web forums) proactively liable for breaking copyright. It reverses the onus, assuming user-generated content breaks copyright unless proven otherwise. This undermines the essential internet principle that platforms should not be legally responsible for the content produced by their users. 
Platforms are like libraries. When a book breaks copyright or is defamatory it is removed. But you do not sue a library for what authors write, you go straight to the source. While they must remove content on request if it breaks the law, internet platforms should not be liable for everything people say.

Copyright is often unclear and contested. Because they will be legally liable, Facebook, YouTube and other platforms will need to use automated systems to prevent users posting swaths of content from images, videos, and music through to humorous GIFs and memes. In practice, this means new, complex upload filters. 

This is a serious threat to freedom of expression and online creativity, which often involves mixing together various creative sources. It’ll also often result in false positives and, to avoid paying fines, substantial limiting of content where copyright is uncertain.

CapX:             Image: Nick Youngson

You Might Also Read: 

Get Ready For ePrivacy Regulation:

 

 

« Five Tech Trends Driving Cyber Security
Identity Management Fundamentals »

CyberSecurity Jobsite
Check Point

Directory of Suppliers

ZenGRC

ZenGRC

ZenGRC (formerly Reciprocity) is a leader in the GRC SaaS landscape, offering robust and intuitive products designed to make compliance straightforward and efficient.

The PC Support Group

The PC Support Group

A partnership with The PC Support Group delivers improved productivity, reduced costs and protects your business through exceptional IT, telecoms and cybersecurity services.

Directory of Cyber Security Suppliers

Directory of Cyber Security Suppliers

Our Supplier Directory lists 8,000+ specialist cyber security service providers in 128 countries worldwide. IS YOUR ORGANISATION LISTED?

DigitalStakeout

DigitalStakeout

DigitalStakeout enables cyber security professionals to reduce cyber risk to their organization with proactive security solutions, providing immediate improvement in security posture and ROI.

Authentic8

Authentic8

Authentic8 transforms how organizations secure and control the use of the web with Silo, its patented cloud browser.

RSA Security

RSA Security

RSA provide cybersecurity products for Threat Detection and Response, Identity and Access Management, Governance, Risk and Compliance, and Fraud Prevention.

Reblaze Technologies

Reblaze Technologies

Reblaze provides the world’s best security technologies in a cloud-based website security platform.

Australian Cyber Security Growth Network (AustCyber)

Australian Cyber Security Growth Network (AustCyber)

AustCyber brings together businesses and researchers to develop the next generation of cyber security products and services.

Suprema

Suprema

Suprema is a leading global provider of access control and biometrics solutions.

Khipu Networks

Khipu Networks

Khipu Networks is an award winning Cyber Security Company delivering a wide range of network, wireless and security solutions, technologies and services across multiple sectors.

NSIDE Attack Logic

NSIDE Attack Logic

NSIDE Attack Logic simulates real-world cyber attacks to detect vulnerabilities in corporate networks and systems.

WISeKey

WISeKey

WISeKey is a leading cybersecurity company currently deploying large scale digital identity ecosystems for people and objects using Blockchain, AI and IoT.

ANSI National Accreditation Board (ANAB)

ANSI National Accreditation Board (ANAB)

ANAB is the largest accreditation body in North America. The directory of members provides details of organisations offering certification services for cybersecurity related standards.

Cohesity

Cohesity

Cohesity radically simplifies the way businesses back up, manage, protect, and extract value from their data—in the data center, at the edge, and in the cloud.

Two Six Technologies

Two Six Technologies

Two Six Technologies delivers R&D, innovation, productization and implementation expertise in cyber, data science, mobile, microelectronics and information operations.

Truvantis

Truvantis

Truvantis is a cybersecurity consulting organization providing best-in-class cybersecurity services to secure your organization’s infrastructure, data, operations and products.

McDonald Hopkins

McDonald Hopkins

McDonald Hopkins is a business advisory and advocacy law firm. We focus on insightful legal solutions that help our clients strategically plan for an increasingly competitive future.

Virtual Infosec Africa (VIA)

Virtual Infosec Africa (VIA)

Virtual InfoSec Africa (VIA) is a wholly-owned Ghanaian company specializing in information security and cybersecurity solutions and services.

DataStealth

DataStealth

DataStealth is a data protection platform that allows organizations to discover, classify, and protect their most sensitive data and documents.

LockMagic

LockMagic

Lockmagic is an information asset management solution to protect, track, audit and control accesses to sensitive information inside and outside your organization.

CyPro

CyPro

CyPro is a cyber security expert firm that specialises in providing cyber security services tailored for high-growth companies at every stage of their journey.