European ISPs Want Rightsholders Held Accountable for Overblocking Damage

7 hours ago

EuroISPA warns that site blocking measures in some EU countries are becoming extreme and disproportionate.
The European Commission's 2023 evaluation found that anti-piracy measures had limited positive effects and did not substantially reduce piracy.
EuroISPA argues that the problem lies in enforcing existing laws rather than creating new legislation, and prioritization should be on current law implementation.
Site blocking orders have expanded to intermediaries like DNS resolvers and VPN providers, which often lack direct links to infringing content or technical means for geographic blocks.
Examples of overblocking incidents include Italy's Piracy Shield affecting over 7,700 domains, Spain's blocks disrupting banking apps and legitimate sites, and fines for non-compliance like Cloudflare's €14 million penalty.
EuroISPA calls for rightsholders to be held accountable for overblocking damage, with clear compensation mechanisms under existing EU directives like IPRED.
Rapid blocking requirements, such as Italy's 30-minute timeframe, disproportionately burden smaller providers and are criticized.
The outcome of appeals, like Cisco's case in Belgium, could set precedents for future blocking orders across the EU.
The European Commission's ongoing CDSM review includes these concerns, with potential calls from rightsholders to expand blocking powers further.

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