DMCA Notices Can Silence Critics but Complaints by the Public Put All at Risk

Summary

Even after years of trawling the invaluable Lumen Database, the scale of online copyright infringement today still manages to surprise week after week. And with more time spent searching, the greater the chances of the archive surfacing curiosities from years ago, or unusual items from the more recent past. Take the bait and time has a tendency to get eaten away in journeys down various rabbit holes, and that’s a good thing. Without Lumen, censorship would undoubtedly thrive in a darker place; it already needs little encouragement. Free* Speech (*Terms and conditions apply, YMMV) After a spurious attempt to deindex one of our articles with a bogus copyright claim, research led us by chance down a parallel path, revealing an even greater threat to free speech and legitimate reporting. The nature of a sizeable number of the takedown notices in question brings to mind the Lumen Database’s original name, Chilling Effects. The name was derived from the likely suppressant effect of abusive takedown notices and legal threats on free speech. In the United States, where speaking the truth doesn’t usually amount to a crime, the scope of free speech far exceeds that available in Europe. In the Netherlands, for example, libel is a criminal offense and in the UK, the rich can launch libel action in the High Court. There, regular people can be drawn into a potentially ruinous legal quagmire, for as little as vigorously opposing one man’s assertion that his online handle is Satoshi. Threats to Google: Censor the Govt, BBC, Guardian, Daily Mail Working for the BBC, Guardian, or Daily Mail can provide a safety net against the potential consequences of legal threats, but immunity from receiving threats themselves doesn’t exist. In a notice addressed to Google, the company was ordered to “De-index the specified URLs” from search results within 14 days to “prevent further dissemination” of what is described as “defamatory and harmful content.”​ 14 Days to Police The Internet Published ...