Home Law in IT The European Court of Justice banned the obligation of providers to filter traffic

The European Court of Justice banned the obligation of providers to filter traffic

by admin

European Court of Justice ruling of November 24 put an end to the 7 years of litigation between the Belgian association copywriters authors, composers and publishers SABAM and Internet service provider Scarlet. And at the same time, the decision extends to all of Europe.
Now you can’t oblige an ISP to install a traffic filtering system – at least for all users, proactively, indefinitely, and at their own expense.
In 2004, SABAM got worried about the growing popularity of p2p networks and tried to oblige ISP Scarlet to ban p2p traffic in a Belgian court. The ISP then appealed to the highest European court, where it won the case.
The provider’s lawyer said that forcing filtering would be illegal in terms of privacy of communications, freedom of information, and personal data protection rights.
The court agreed, and added that the filtering system would not always work correctly, as a result preventing the dissemination of legal information.
The Association of European Providers cheered the decision against "disproportionate technical enforcement" of copyright. The president of the association said that the decision was extremely important and that it would be wrong to limit the development of the Internet, which can seriously help the economic recovery.
Although the solution does not prohibit blocking unwanted sites, it will not help against some services. For example, the The Pirate Bay. so many different mirrors and trackers that the only way to stop this service would be to filter it, and it’s now banned.
PS: the translation of the article is not verbatim, in particular the EU/UK squabble is omitted; I just tried to get the gist of it.

You may also like