Platform responsibility? Get the backstory - check my book The Closing of the Net - only £15.99!

I have written another  briefing paper on the Telecoms package. Called Packaging up copyright enforcement - how the Telecoms Package slots in the framework for a European policy to restrict Internet content, the paper discusses the mechanisms  that could be used to bring in a policy of copyright enforcement and how the Telecoms Package lays the foundation for it. The paper argues that it is a clear intent of the legislation that national regulators will be asked to promote a policy where ISPs have to

work with rights-holders to enforce copyright, and limit users rights of access to content, services and applications. The pressure on ISPs comes via the liability that it will place on them to protect copyrighted content. The exact ways that it could be implemented will depend on the final text (which is not yet determined) and on the interpretations given to it by member states and the lawyers for the rights-holder and Internet industries. 


And in an environment where Internet Service Providers and network operators may face increasing liability for content, the paper  argues that regulatory safeguards are needed to ensure the protection of user's rights on the Internet.  

 You can read it here. You are free to use it or quote from it, provided you attribute it to the author.

Explaining liability Something that is not in the paper, but may be helpful here, is to understand what liability means in real life.

I will use an example from a different sphere altogether, that of risk sports, and choose a sport that I know well, which is horse-riding. I believe the situation I am describing is similar for other risk sports such as sailing.  Horses are unpredictable animals and the risk of a rider falling off, has been there forever. But in recent times,  horse-riding establishments are increasingly faced with law suits when a rider falls off and is injured. One direct result is that their insurance has increased, along with their liability. In a nutshell, the result of the increase in liability  is that either it is more expensive to ride (they pass the cost on to the customer), or there is less choice of riding establishments (because the increased costs have forced many to  close), or there are more restrictions on what the riders can do (no galloping, no jumping, just walk and trot in a very safe but less fun way, only under supervision and wearing body protectors). 

Now transpose higher costs, less choice, more restrictions into the Internet environment...

If you found this article useful, please acknowledge that you read it on! 



States v the 'Net? 

Read The Closing of the Net, by me, Monica Horten.

"original and valuable"  Times higher Education

" essential read for anyone interested in understanding the forces at play behind the web."

Find out more about the book here  The Closing of the Net


FROM £15.99

Copyright Enforcement Enigma launch, March 2012

In 2012, I presented my PhD research in the European Parliament.

Don't miss Iptegrity!  RSS/ Bookmark is the website of Dr Monica Horten. She is a policy analyst specialising in Internet governance & European policy, including platform accountability. She is a published author & Visiting Fellow at the London School of Economics & Political Science. She served as an independent expert on the Council of Europe Committee on  Internet Freedom. She has worked on CoE, EU and UNDP funded projects in eastern Europe and the Caucasus. In a voluntary capacity, she has led UK citizen delegations to the European Parliament. She was shortlisted for The Guardian Open Internet Poll 2012.

Iptegrity  offers expert insights into Internet policy (and related issues on Brexit). Iptegrity has a core readership in the Brussels policy community, and has been cited in the media. Please acknowledge Iptegrity when you cite or link.  For more, see IP politics with integrity is made available free of charge for  non-commercial use, Please link-back & attribute Monica Horten. Thank you for respecting this.

Contact  me to use  iptegrity content for commercial purposes