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Third Strike for "Three Strikes" Legislation? Internet Intermediaries as Tools of Copyright Enforcement

November 12, 2013 12:50 pm

RSVP is required for this free event. Everyone is invited. 

In the last few years several jurisdictions , including South Korea, New Zealand, France and the UK , driven by substantial copyright lobbying, have implemented measures of "three strikes" or graduated response, whereby ISPs are enrolled as "copyright cops", sending warnings and inflicting sanctions on alleged repeat infringers , which can ultimately include traffic slowing, traffic monitoring and disconnection from the Internet. The US has recently entered this arena with a "voluntary" six strikes regime. In previous work I have argued these regimes should be abandoned as having significant impact on human rights such as expression, privacy and due process as well as prejudicing digital inclusion. Now that some of these regimes have been in operation for several years however, it seems their days may be numbered for other more politically convincing reasons, namely, cost, effectiveness and political unpopularity. Is the demise of "three strikes" imminent or is this just a blip? and if so, will we see lobbying pressure look for new possibly even more harmful assistance from online intermediaries to aid in the war against piracy, with measures such as website blocking, payment blockades and search result suppression?

Lilian Edwards is Professor of Internet Law at Strathclyde University. Her principal research interests are in the law relating to the Internet, the Web and new technologies, with a European and comparative focus. She has co-edited three bestselling collections on Law and the Internet (Hart Publishing, 1997, 2000 and 2009) with Charlotte Waelde, and a third collection of essays The New Legal Framework for E-Commerce in Europe was published in 2005. Her work in on-line consumer privacy won the Barbara Wellbery Memorial Prize in 2004 for the best solution to the problem of privacy and transglobal data flows. 

Lunch will be provided. Co-hosted by SLATA and the Center for Internet and Society.

Stanford Law School - Room 280B
559 Nathan Abbott Way
Stanford, CA

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