Is Germany on the Brink of Banning Ad Blockers?

Summary

Across the internet, users rely on browsers and extensions to shape how they experience the web: to protect their privacy, improve accessibility, block harmful or intrusive content, and take control over what they see. But a recent ruling from Germany’s Federal Supreme Court risks turning one of these essential tools, the ad blocker, into a copyright liability — and in doing so, threatens the broader principle of user choice online. Imagine you are watching television and you go to the kitchen for a snack during an ad break. Or you press the fast-forward button to skip some ads while listening to a podcast. Or perhaps you get a newspaper delivered to your house, and you see that it includes a special section made up of hallucinated AI content, so you drop the inset into the trash before taking the rest of the paper inside. Were these acts of copyright infringement? Of course not. But if you do something like this with a browser extension, a recent decision from the German Federal Supreme Court suggests that maybe you did infringe copyright. This misguided logic risks user freedom, privacy, and security. There are many reasons, in addition to ad blocking, that users might want their browser or a browser extension to alter a webpage. These include changes to improve accessibility, to evaluate accessibility, or to protect privacy. Indeed, the risks of browsing range from phishing, to malicious code execution, to invasive tracking, to fingerprinting, to more mundane harms like inefficient website elements that waste processing resources. Users should be equipped with browsers and browser extensions that give them both protection and choice in the face of these risks. A browser that inflexibly ran any code served to the user would be an extraordinarily dangerous piece of software. Ad blockers are just one piece of this puzzle, but they are an important way that users can customize their experience and lower risks to their security and privacy. The recent court ruling is ...